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 ProvisionsBreached2011/08/08/BC-FTD/1902011/08/08/BC-FTD/191Consumer Svs. Company PConsumer Tvs. Company QOn 08-08-11, the Commission received a complaint from Consumer Sregarding an unrecorded deduction made on her account, which wastransferred from her Bank account. The complainant informed FCC that shehad purchased building materials on Hire Purchase from Company P andher payments was made through a monthly bank deduction of $89.00 fromher Bank account. The bank deduction was transferred to Company P on27 June 2011. On 25 July 2011, the Bank deducted $89.00 from heraccount; unfortunately the transferred amount received on 28 July 2011 byCompany P was only $55.00. The $34.00 difference was not recorded byCompany P. FCC formally wrote to Company P informing them of the issueand seeking a response. A response was received informing FCC that itwas an error on Company P’s end and that the necessary adjustments hadbeen made to rectify the error. A confirmation was received from thecomplainant and the case was closed.On 08-08-11, the Commission received a complaint from Company Tregarding deals which he made with Company Q for the purchase of a 40ftContainer. The complainant informed FCC that he bought the 40ft containercontaining tyres (1156 tyres) worth $38,000 from Company Q. AfterConsumer T paid the amount, Company Q failed to release the Container.Company Q stated that the reason why they were still holding on to theContainer was that the freight company that had shipped the Container fromoverseas had yet to pay them the sum of $14,881.01. The respondent wasrefunded $20,000 but was yet to receive the balance amount of $18,000.FCC mediated the matter and the respondent refunded $18,000 to thecomplainant and the case was closed.ConsumerProtection &Unfair Practices Section 75ConsumerProtection &Unfair Practices Section 75 and 83Page85of236
Table 2: Cases Successfully Disposed Of in 2011(cont…)Cases Resolved in 2011Case Number Case Name Issues Part of CCD 2010 ProvisionsBreached2011/08/08/BC-FTD/1922011/08/10/BC-FTD/193Consumer Svs. CompanyUConsumer Tvs. InstitutionVOn 08-08-11, the Commission received a complaint from Consumer Sagainst Company U. The complainant informed FCC that she had bought aComputer box from the Respondent for $240.00. She fitted the part into thevehicle and used the vehicle for 3 months and after 3 months, the vehiclehad problems. The Complainant contacted 3 mechanics to inspect hervehicle. They advised her that there was a problem with the Computer Box.On that same day she contacted the Respondent for a replacement andwas told that they would not replace or repair the item since their receiptstated “No Returns, No Refund”. FCC mediated the matter and therespondent replaced the Computer Box at a price of $120.On 10-08-11, the Commission received a complaint from Consumer Tagainst Institution V regarding the fee of $50.00 charged per transaction.The complainant informed FCC that he noticed in the Institution V’s loanstatement that previously the fee per transaction was $10.00 but it has nowincreased to $50.00. The complainant informed that there was also anincrease in the interest rate on the same housing loan from 7.25% to8.50%. The complainant also has a life insurance policy with Institution Vwhere the premium is increasing annually and it was not discussed by theagent while signing up the policy. FCC formally wrote to Institution Vinforming them of the issue and seeking a response. A response wasreceived, informing FCC that the new fee came into effect on 1 May 2011,after a full review of bank fees which was approved by the Reserve Bank ofFiji on 18 March 2011. Institution V complied by the RBF’s disclosurerequirement by advertising the new fee in the local dailies, all their bankbranches and also posted the change on their website to advise the public.Division 1 -Warranty Section 114No Breach of Commerce CommissionDecree 2010Page86of236
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LETTER TO THE MINISTERHonorable Aiy
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5. Legal DepartmentThe department
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1.0 FAIR TRADING DEPARTMENT1.1 Over
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Figure 1: FTD Cases - Breakdown in
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Table 2: Cases Successfully Dispose
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1.4 Summary of Unfair Trading Activ
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Table: 6 Cases Successfully Dispose
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Table:6 Cases Successfully Disposed
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Table:6 Cases Successfully Disposed
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2.2 RENT SECTIONRent Section is a d
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Figure 5: House Conditions e.g. lea
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2.5 ACTIVITIES HIGHLIGHTSThe table
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Table 11: Rent Cases Resolved -2011
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Table 11: Rent Cases Resolved-2011C
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Table 11: Rent Cases Resolved-2011N
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Table 12: Summary of Steel Industry
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3.2 Ex Factory Wholesale Rebar Pric
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3.4 ElectricityDuring the period, t
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Table 16: Summary of Telecommunicat
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Table 16: Summary of Telecommunicat
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Table 17: Summary of Marina, Airpor
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Table: 18 Investigations and Resear
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Table: 19 Determinations and Price
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Table:20 Petroleum Re etail Price-2
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4.7 Ex-factory Wholesale Price of G
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Table: 24 Summaries of Inspections
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Table: 25 Summary of Inspections -
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5.0 Legal Department5.1 OverviewThe
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Table: 32 Number of Prosecutions fo
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FINANCIAL STATEMENT
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2011 Annual Report - The Commerce Commission

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