The Fijian Competition and Consumer Commission (FCCC) has expressed its satisfaction with a recent ruling from the Suva Magistrates Court, which convicted a trader employed as a land surveyor for notable violations under the Fijian Competition and Consumer Commission Act 2010. The trader faced two key charges: engaging in unconscionable conduct, in violation of Section 76, and accepting payments without the ability to deliver services, breaching Section 88 of the same Act.
The court proceedings revealed that the trader had collected payment for surveying services but failed to perform the work as agreed. Following an official complaint filed with the FCCC, the trader even attempted to solicit an unjustified payment of an additional $2,000 from the complainant.
In delivering the sentence, the Court stressed the seriousness of the offenses, highlighting the significant infringement of consumer rights and fundamental fair trading principles. FCCC CEO, Senikavika Jiuta, remarked that the verdict serves as a strong warning to service providers who disregard their responsibilities to consumers.
“Consumers expect to receive services promptly after making payments,” Jiuta stated. “To delay such services and then ask for more money when consumers attempt to rectify the situation is intolerable. This kind of unconscionable conduct erodes trust within the marketplace and will not be accepted.”
The Magistrate imposed fines of $2,500 for each offense, totaling $5,000. Additionally, the Court mandated that these fines be paid by a specified deadline, with a consequence of 60 days’ imprisonment if the trader fails to comply.
The FCCC is reminding all traders to comply with the provisions outlined in the FCCC Act 2010 and encourages consumers to report any unfair trading practices they may encounter. This ruling not only aims to uphold consumer rights but also reinforces the importance of ethical practices in the marketplace, fostering a fair and trustworthy environment for all.