2011 Annual Report - The Commerce Commission
2011 Annual Report - The Commerce Commission 2011 Annual Report - The Commerce Commission
Table 2: Cases Successfully Disposed Of in 2011(cont…)Cases Resolved in 2011Case Number Case Name Issues Part of CCD 2010 ProvisionsBreached2011/06/29/BC-FTD/1632011/07/04//BC-FTD/165Consumer Xvs. CompanyUConsumer Yvs. Company VOn 29-06-11, the Commission received a complaint from Consumer X,regarding the repair of a Bosch drill which he bought from Company U for$541.00 with 3 months warranty. He informed FCC that the machinestopped working after a week and it was given for repair but it started toemit smoke when it was first used after repair. The machine was given forrepair again and after repairing, Company U asked the complainant to pay$65.00 for repairs but the complainant refused to take the machine back.Consumer X requested Company U to replace the Bosch drill or refund theamount paid for the machine but Company U refused to meet the requests.FCC formally wrote to the respondent informing them of the issue andseeking a response. A response was received informing FCC that thecomplainant was trying to get an old drill repaired under the warranty of anew drill and the complainant was informed about this. The respondent alsoprovided relevant documents to FCC to prove the same. The above wasconveyed to the complainant and the case was closed.On 04-07-11, the Commission received a complaint from Consumer Yregarding the payments for a vehicle that he had bought from Company V.The complainant informed FCC that in 2009, he signed a Bill of Sale for aLPG vehicle from Company V to be used as a taxi. The cost of the vehiclewas $14,332.50 and the total interest was $4,299.75, amounting to$18,632.25 as the total value of the vehicle. In December 2010, ConsumerY was surprised, that without any notice or contact, Company V seized thevehicle. In May 2011, Consumer Y paid $1,700 to release the vehicle fromCompany V. However, in June 2011, theNo Breach of the CommerceCommission Decree 2010No Breach of the CommerceCommission Decree 2010Page73of236
Table 2: Cases Successfully Disposed Of in 2011(cont…)Cases Resolved in 2011Case Number Case Name Issues Part of CCD20102011/07/04/BC-FTD/166Consumer Zvs. CompanyWvehicle was again seized by Company V and he was told to pay the balanceamount for the vehicle which was $6,600. FCC formally wrote to therespondent, informing them of the issue and seeking a response. Aresponse was received, informing FCC that under the Consumer Credit Act,Company V can demand for the full sum owed for failing to make payments.They also invited the complainant for further negotiations and proposal toresolve the matter. The above was conveyed to the complainant and thecase was closed.On 04-07-11, the Commission received a complaint from Consumer Zregarding internet broadband pricing by Company W. The Complainantinformed FCC that after the Commission’s directive, Company W reducedthe broadband charges by $4.50 and increased the data cap by 2GB for128k which was not beneficial to all users, because if faster speed andupgrade was required, it would come with an increased cost. FCC after theinvestigation formally wrote to the Complainant, informing him that FCConly regulates the wholesale internet charges and not the retail internetcharges, as the Commission did not have the jurisdiction to control andregulate the retail internet prices at this point in time. The Complainant wasadvised that FCC was monitoring the market .Based on the above, the casewas closed.ProvisionsBreachedConsumerProtection &Unfair Practices Section 84Page74of236
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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 CCD2010<strong>2011</strong>/07/04/BC-FTD/166Consumer Zvs. CompanyWvehicle was again seized by Company V and he was told to pay the balanceamount for the vehicle which was $6,600. FCC formally wrote to therespondent, informing them of the issue and seeking a response. Aresponse was received, informing FCC that under the Consumer Credit Act,Company V can demand for the full sum owed for failing to make payments.<strong>The</strong>y also invited the complainant for further negotiations and proposal toresolve the matter. <strong>The</strong> above was conveyed to the complainant and thecase was closed.On 04-07-11, the <strong>Commission</strong> received a complaint from Consumer Zregarding internet broadband pricing by Company W. <strong>The</strong> Complainantinformed FCC that after the <strong>Commission</strong>’s directive, Company W reducedthe broadband charges by $4.50 and increased the data cap by 2GB for128k which was not beneficial to all users, because if faster speed andupgrade was required, it would come with an increased cost. FCC after theinvestigation formally wrote to the Complainant, informing him that FCConly regulates the wholesale internet charges and not the retail internetcharges, as the <strong>Commission</strong> did not have the jurisdiction to control andregulate the retail internet prices at this point in time. <strong>The</strong> Complainant wasadvised that FCC was monitoring the market .Based on the above, the casewas closed.ProvisionsBreachedConsumerProtection &Unfair Practices Section 84Page74of236