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 ProvisionsBreached2011/09/12/BC-FTD/2232011/09/07/BC-FTD/225Consumer Qvs. CompanySConsumer Rvs. InstitutionTOn 12-09-11, the Commission received a complaint from Consumer Qregarding a faulty drill that he had purchased from Company S. Thecomplainant informed FCC that in September 2011, he bought the drillfrom Company S for $188.00. On 6 September 2011, he lodged acomplaint with the respondent stating that the drill was not operating onreversing mode. On 8 September 2011, the respondent informed thecomplainant that they could not repair the drill. FCC mediated the matterand the respondent replaced the drill at an additional cost of $20 as thedrill was not under warranty.On 07-09-11, the Commission received a complaint from Consumer Ragainst Institution T, regarding a stale personal cheque which was clearedby the bank. The complainant informed FCC that the bank disregarded his‘Stop Payment Notice’ and also overlooked the date on the cheque whichwas stale and proceeded to clear the cheque. It was a mistake by the Bankstaff, which may have been due to negligence by not noticing the stale date,and thus, clearing the cheque. FCC formally wrote to Institution T informingthem of the issue and seeking a response. A response was received,informing FCC that Institution T had clarified with the tax authority that thepayment was used to settle a genuine tax liability and that the bank hadacted in good faith in the transaction. Institution T checked that the previouscheque was issued in the calendar year 2008 and it was unlikely that thecheque was issued in 2006 from the middle of the cheque book becauseother cheques were used two years later. The cheque was issued in 2008with a stale date to the tax authorities and it was not clarified by thecomplainant upon query, through a letter dated 17 July 2008 from InstitutionT. FCC after making its assessment and analysis formally conveyed theabove to complainant and the case was closed.Division 1 -Warranty Section 116No Breach of Commerce CommissionDecree 2010Page98of236