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Al-Dakhiliyah: verdicts of conviction, fines and jail time for the violation of the Consumer Protection Law

05/11/2017

The Primary Court in Nizwa has recently pronounced two verdicts against two accused, for the violation of the Consumer Protection Law as promulgated by Royal Decree No. 66 /2014. The two verdicts were in favor of conviction, jail time and fines.

 

The first verdict: The Consumer Protection Department in Al-Dakhiliyah Governorate received a complaint by a consumer, stating that he bought a 25 passenger bus from a dealer in Wilayat of Nizwa, defects appeared during the warranty period including lack of balance and stability during driving, as well as, oil leakage from one of the wheel joints, the consumer checked with the specialists at the dealer to fix the defects. After the repair, the consumer noticed that the defects were still there which lead him to lodge his complaint to the department.
 The department took the necessary measures and referred the complaint file to the Public Prosecution in Nizwa which conducted an investigation, and referred the case to the Primary Court in Nizwa.
The court pronounced a verdict of conviction for not providing a service properly with 6 month suspended jail time, OMR 1,000 for the public right, and in the civil case obligated him to repair the bus for the consumer and reimburse him with OMR 300 as an expert fee and to pay the legal fees as well.
The second verdict: An Asian foreigner was caught selling banned materials (70 cartons of Maher Cigarettes), as well as, other types of chewing tobacco. After the completion of the case file and the collection of evidence, the department referred the case file to the Public Prosecution in Nizwa, which investigated the case then referred it to the Primary Court in Nizwa, which pronounced the conviction verdict in the misdemeanor stipulated in decision No. 301/2016 regarding the ban of chewing tobacco under article 40 in reference to article 7 of the Consumer Protection Law, and article 6 clauses (3,2), in 3 months jail time, seizure of goods, and deportation in accordance with article 48 of the Omani Penal Code.
PACP advises all traders and providers to abide by the Consumer Protection Law and its Executive Bylaws in order to avoid legal liability, and further to have transparency, credibility and avoid false and misleading advertising during the promotion of commodities and services.

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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