The Fijian Competition and Consumer Commission (FCCC) has expressed its approval following a significant ruling from the Suva Magistrates Court that convicted a trader, who also served as a land surveyor, for serious breaches of the Fijian Competition and Consumer Commission Act 2010. The trader faced two major charges: engaging in unconscionable conduct under Section 76 and accepting payments for services he failed to deliver, in violation of Section 88 of the Act.
During the court proceedings, it was revealed that the trader had collected payment in advance for surveying services but did not fulfill his obligations. Even after a formal complaint was lodged with the FCCC, the trader attempted to obtain an unjustified additional payment of $2,000 from the complainant.
In the sentencing, the Court underscored the severity of the offenses, emphasizing the serious infringement of consumer rights and the violation of essential fair trading principles. FCCC CEO Senikavika Jiuta asserted that this verdict sends a strong message to service providers who neglect their duties to consumers.
“Consumers expect to receive services promptly after making payments,” Jiuta remarked. “To delay services and then request further compensation from consumers attempting to resolve issues is unacceptable. Such unconscionable conduct undermines trust in the marketplace and will not be tolerated.”
The Magistrate imposed fines totaling $5,000, with $2,500 for each offense. The court also established a deadline for the payment of these fines, threatening a 60-day imprisonment period for the trader should he fail to comply.
Through this ruling, the FCCC is reinforcing its commitment to consumer rights and ethical business practices. It urges all traders to adhere to the FCCC Act 2010 and encourages consumers to report any unfair trading practices they may face. This landmark decision not only aims to protect consumers but also to cultivate a fair and trustworthy business ecosystem for everyone involved.
