Hardware outlet use legal action against Commission

A leading Hardware outlet in Fiji, R.C Manubhai is threatening legal action against the Commerce Commission challenging the validity of the court orders it obtained to search the hardware company files for information.

In a letter obtained by fijivillage, Suva Lawyer Samuel Ram has written to the Commerce Commission regarding the court order it used to obtain documents from RC Manubhai at the weekend stating that the search warrant does not specify the provisions of the Fair Trade decree that his clients are alleged to have breached.

The letter stated that there is no information given as to how their client is alleged to be in contravention of the decree and they are at a total loss as to which laws they have allegedly breached and they cannot get proper legal advice on which documents they have to release.

The lawyer also said that the search warrant simply said that certain records are kept by his client.

Ram said it is not an offence to keep records.

The lawyer for RC Manubhai also alleged that the actions of the Commerce Commission is a gross breach of the power vested in it under the decree and a blatant breach of their clients fundamental legal rights.

The Law firm has put the Commerce Commission on notice that it is to immediately withdraw the search warrant and its officers from RC Manubhai premises, to return any documents or records that have been seized, to provide in writing particulars of the Fair Trade Decree which their clients is alleged to have breached and to stop the publication of this incident in any media or in the alternative, provide an apology to their client through the media.

The Law Firm stated that if the Commission failed to abide legal proceedings will be initiated for loss and damages suffered by their client without further notice or warning.

When contacted on the matter, Commerce Commission Chairman Dr. Mahendra Reddy said they are now responding to the letter from the law firm and will comment later on the matter.