The Director of a hardware company has been convicted for breaching consumer rights by accepting payment without being able to supply the goods within a reasonable timeframe, and the Court has imposed a fine of $2,000 and also ordered compensation to the complainant, in the full amount of $2,470, bringing the total payment obligation to $4,470.00.
The Fijian Competition and Consumer Commission says considering the serious nature of the breach, including the Director's history of prior prosecutions by the FCCC for similar offences, this being the tenth such instance, the Director was found guilty.
In this case, the Director had accepted a payment in the total sum of $2,470 from a consumer, for the supply of timber but failed to deliver the goods.
The Court found that the FCCC had proven its case beyond reasonable doubt and found the Director guilty and convicted accordingly.
FCCC Chief Executive Officer, Senikavika Jiuta, welcomed the judgement, particularly the restitution order.
She says this ruling, especially the compensation, is a significant win for the consumer and reinforces the fact that they will ensure repeat offenders are held strictly liable for the losses they cause.
Jiuta says the FCCC takes a zero-tolerance approach to traders who repeatedly exploit consumers, and they are pleased the Court recognised the aggravating factor of this being a subsequent offence.
She advises consumers to always demand receipts, invoices, and written agreements that clearly specify delivery dates and refund policies to safeguard their interests.
