2011 Annual Report - The Commerce Commission

2011 Annual Report - The Commerce Commission 2011 Annual Report - The Commerce Commission

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Table 2: Cases Successfully Disposed Of in 2011(cont…)Cases Resolved in 2011Case Number Case Name Issues Part of CCD 2010 ProvisionsBreached2011/07/19/BC-FTD/1812011/07/20/BC-FTD/182Consumer Kvs. Company HConsumer Lvs. Company IOn 19-07-11, the Commission received a complaint from Consumer Kagainst Company H. The complainant informed FCC that he had boughtmaterials worth $300 from Company H Nadi Branch. He lodged hisconcerns at the Nabua branch and nothing was done. FCC formally wroteto Company H, informing them of the issue and seeking a response. Aresponse was received, informing FCC that the issue in the complaint wasin regards to liability and the matter should be taken to court by thecomplainant. FCC after making its assessment and analysis formallyconveyed the above to the complainant and closed the case.On 20-07-11, the Commission received a complaint from Consumer Lagainst Company I, regarding the non-payment of dalo supplied for exporton 5 May 2011. FCC formally wrote to the respondent, informing him of theissue and seeking a response. A response was received, informing FCCthat they would like to request for time to make the payments as they hadfaced problems in delivering the products to NZ and relevant authoritieswere handling the matter. According to the last email from the Respondent,the matter was with another investigating authority. The above was relayedto the complainant and the case was closed.No Breach of theCommerceCommissionDecree 2010ConsumerProtection &Unfair Practices2011/07/19/BC-FTD/181Section 75 & 76Page81of236

Table 2: Cases Successfully Disposed Of in 2011(cont…)Cases Resolved in 2011Case Number Case Name Issues Part of CCD 2010 ProvisionsBreached2011/07/14/BC-FTD/183Consumer Mvs.Respondent JOn 14-07-11, the Commission received a complaint from Consumer Magainst Respondent J, regarding the sale of a vehicle. The complainantinformed FCC that:1. He had bought a car (Hyundai Tucson) from Respondent J ofLaucala Beach. Consumer M came to know that Respondent J wasselling this vehicle from Mr. X, who was a friend of Consumer Mand after enquiring about the vehicle, Respondent J stated that hewas selling the vehicle and that it was a new and accident freevehicle with minor scratches which he gotten repaired throughinsurance as his friend was working for an insurance company, andrecommended to Respondent J to use his insurance since it wasnot used.2. Consumer M continued to seek confirmation from Respondent J inregards to his statement that the vehicle was accident free.Respondent J always denied that the vehicle was involved in anymajor accident.3. On the day of sale, Respondent J mentioned that it was an accidentfree vehicle but if it gave any problems, he would assist in fixing thevehicle as they knew each other.4. After the transfer, Consumer M called the authorities asking fordetails about the vehicle as he was the new owner and theyresponded that the vehicle had been through a major accident andwas written off. This was verbally confirmed but they could notrelease it in writing, according to Consumer M.5. On 11 July 2011, Respondent J called Consumer M around 3 pmasking him to come to Sports City and handed him a letter whichwas from a Law firm which stated that Consumer M had purchaseda vehicle and after using it for a period of time, was trying to returnthe vehicle to the seller and also trying to threaten him.ConsumerProtection &Unfair PracticesSection 75 & 76Page82of236

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>/07/14/BC-FTD/183Consumer Mvs.Respondent JOn 14-07-11, the <strong>Commission</strong> received a complaint from Consumer Magainst Respondent J, regarding the sale of a vehicle. <strong>The</strong> complainantinformed FCC that:1. He had bought a car (Hyundai Tucson) from Respondent J ofLaucala Beach. Consumer M came to know that Respondent J wasselling this vehicle from Mr. X, who was a friend of Consumer Mand after enquiring about the vehicle, Respondent J stated that hewas selling the vehicle and that it was a new and accident freevehicle with minor scratches which he gotten repaired throughinsurance as his friend was working for an insurance company, andrecommended to Respondent J to use his insurance since it wasnot used.2. Consumer M continued to seek confirmation from Respondent J inregards to his statement that the vehicle was accident free.Respondent J always denied that the vehicle was involved in anymajor accident.3. On the day of sale, Respondent J mentioned that it was an accidentfree vehicle but if it gave any problems, he would assist in fixing thevehicle as they knew each other.4. After the transfer, Consumer M called the authorities asking fordetails about the vehicle as he was the new owner and theyresponded that the vehicle had been through a major accident andwas written off. This was verbally confirmed but they could notrelease it in writing, according to Consumer M.5. On 11 July <strong>2011</strong>, Respondent J called Consumer M around 3 pmasking him to come to Sports City and handed him a letter whichwas from a Law firm which stated that Consumer M had purchaseda vehicle and after using it for a period of time, was trying to returnthe vehicle to the seller and also trying to threaten him.ConsumerProtection &Unfair PracticesSection 75 & 76Page82of236

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