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2011 Annual Report - The Commerce Commission

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Table 2: Cases Successfully Disposed Of in <strong>2011</strong>(cont…)Cases Resolved in <strong>2011</strong>Case Number Case Name Issues Part of CCD 2010 ProvisionsBreached<strong>2011</strong>/05/26/BC-FTD/127<strong>2011</strong>/06/01/BC-FTD/128Consumer Zvs. Company RConsumer Avs. Company SOn 26-05-11, the <strong>Commission</strong> received a complaint from Consumer Zregarding the purchase of a package tour to travel on the Seaspray. <strong>The</strong>complainant informed that he paid a deposit of $115 and tried to pay therest to another shipping company but there was no booking for him andlater Ms. X of Company R informed him that the package should not havebeen sold to him in that manner and also informed him that no passage wasavailable on the booked date of 29-04-11. FCC mediated the matter and therespondent provided a refund of $115 to the complainant and the case wasclosed.On 01-06-11, this complaint was referred to the <strong>Commission</strong> from aGovernment Department. Consumer A lodged a complaint to claim $5000as damages from Company S. FCC formally wrote to both parties,informing them of the issue and seeking a response and documents todefend the claim made by the complainant. A response was received fromthe respondent informing FCC that he was willing to compensate thecomplainant, provided that the complainant produced documents to supporthis claims. After a month, FCC followed-up with the complainant to seeksaid documents and FCC came to know that the complainant did not haveany such documents to support his claims. Due to this the <strong>Commission</strong> hadno reasonable grounds to decide on the claim. FCC formally informed theparties of the outcome, advised them to make a case before the SCT andthe case was closed.ConsumerProtection &Unfair PracticesConsumerProtection &Unfair PracticesSections 75, 76 &84Sections 75, 76 &77Page58of236

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