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A fine and compensation for a consumer in Dhofar for not to return a defective car

11/07/2017

The court pronounced a verdict in conviction against a maintenance workshop in a commercial establishment, in the misdemeanor of not returning, replacing, or repairing a commodity in violation of the Consumer Protection Law as promulgated by Royal Decree No. 66/2014.

 

The court ruled to impose a fine, obligate the commercial establishment to terminate the sale contract and to restore things to their previous condition as well as to pay a compensation to the consumer for material and emotional damages.
The case is summarized as follows: the department received a complaint by a consumer stating that he purchased a car (Hyundai Santa Fe) from a car dealer, as soon as he started to use the car he noticed a defect in transmission and immediately notified the sales manager. The sales manager ignored the notification, and the consumer continued following up with the dealer for a whole year until the dealer agreed to replace the car but did not actually do the agreed replacement.
The consumer, therefore, headed to the Consumer Protection Department in Salalah and lodged his complaint. The department checked the car and confirmed the defect, the official from the dealer has been called upon and after questioning and checking the car it has been confirmed that the accused violated article 5 of the Consumer Protection Law No. 66/2014 that states: “The provider shall take back the commodity and refund the price thereof to the consumer or replace or repair the same free of charge in case the consumer discovered that the commodity is defective.”
After the completion of the case file, the case was referred to the Public Prosecution which forwarded it to the competent court which pronounced the aforementioned verdict.
PACP advises all the suppliers to make sure that the new cars are free of any defects or flaws before displaying them to the consumers and to abide by the articles of the Consumer Protection Law in for the common good.
 

 

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CONSUMER LINE

 No one imagined that greed and deviousness would reach such a staggering level that thought exist only in movies and investigative drama shows , yet it became a stark reality when some merchants sought to make a profit on the account of health and safety of the young and adults alike utilizing the God-given intellect that they posses into destruction and evil instead of serving public good , the devious plan used ( Back to school ) season by carving holes inside books and hiding chewing tobacco inside in away from the inspectors notice targeting the younger generation with these destructive materials that effect the health , mind and safety of our kids .
 The Judicial officers noticed that consumers come very frequently to a specific shop during one of the inspection tours which raised their suspicions to strengthening the monitoring and follow up on that matter , students were spotted in the shop as well , the Officers expediently intervened to inspect the shop , the inspection did not reveal anything at first , however , the officers noticed a stack of books and decided to inspect it , surprisingly , they found more than 600 pouches of chewing tobacco on its way to be sold and distributed on consumers and students , the officers immediately issued a violation and referred the case to the General Prosecution to deal with the matter as per the Law


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Sultanate of Oman