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Against violators of the Consumer Protection Act Fines, expulsion from the country and permanent closure of a shop in North Batinah

04/09/2019

The Court of First Instance in Saham has recently issued a court ruling against two defendants for violating the Consumer Protection Act of Royal Decree No. (66/2014), which convicted and imposed fines totalling OMR 400 and obliged them to pay the plaintiff OMR 1,066,800 to the plaintiff.

 

The details of the case go back to the receipt of a report from the victims against a trading and contracting company in which they contracted with one of the employees of the establishment (the second accused) to ship their goods from the Sultanate to the Islamic State of Pakistan under the attached invoices. However, the establishment did not comply with the time limit in their agreement, and after reviewing the staff member, he delayed delivering those shipments, prompting them to file their claim for the value of the goods sent and contract fees.

 

Accordingly, the Directorate took all the procedures in force in such cases, where the testimony of the first accused was taken by the control specialist of the Directorate, who was found to be the owner of the establishment and the actual manager, and who was aware of the complaints of the victims from the Consumer Protection. He also stated that the second accused was the one who agreed with the consumers and received the goods and the value of the shipment and then fled. After the completion of the investigation procedures by the public prosecution, the case file was referred to the competent court, which convicted the defendants of violating the provisions of the Consumer Protection Act by failing to comply with the proper provision of the service and fined them OMR (100). It also convicted the first defendant of violating the labour law by assigning the sponsor a work that differs materially from the original work and fined him OMR (100). It also convicted the second defendant of failing to commit to handing over to consumers an invoice in Arabic and a misdemeanor of work in Oman without a license from the competent department and fined him for the first OMR (100) and for the second OMR (100), with the obligation of paying the plaintiff an amount of OMR ,1066.800 for a consumer who provided an evidence of the value of the goods shipped. The remaining civil claims were referred to the competent court for failing to provide any evidences of the value of the goods shipped and the invoices. It ordered the merge of sentences, the permanent closure of the shop, the elimination of the second accused from the country, and obliged the convicted to pay the expenses, and the sentence was handed down in presence for the first accused in absentia for the second accused.

Accordingly, the Directorate General of Consumer Protection in North Batinah governorate calls on all traders and suppliers to comply with all regulations and guidelines on consumer protection in order to avoid legal accountability.

 

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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