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For violating the Consumer Protection Act Two judicial rulings against two commercial establishments in Dakhiliah

27/05/2019



The Court of First Instance of Adam and Samail has issued two judgments against two commercial establishments for violation of the Consumer Protection Law promulgated by Royal Decree No. 66/2014 including condemning with fines.

 

 

In the first case, the Department of Consumer Protection in the Governorate of Al Dakhiliah has received a complaint from a consumer against a commercial establishment working in construction in the Wilayat of Samail. He agreed with the establishment to build a house. After the completion of the house, the consumer moved  to the house, he found that there were problems in the house as a leak in the water connections in one of the toilets, and water leaking from the roof of the house, which caused damage to the ceiling. Cracks appeared in the wall of the house. He contacted the contractor but he refused fix the problems. As a result, the complainant filed a complaint with the Department. After examining the complaint, taking the necessary action and completing the file of the case, it was referred to the Department of Public Prosecution in Samail, which in turn referred it to the competent court. The court issued a judgment that convicted the defendant of the non-compliance with a fine of OMR 200 and the civil defendant's obligation to compensate the plaintiff an amount of OMR 700 for the repair of defects in the house with the suspension of the sentence in the case that the accused carried out the civil part within two weeks.

In the second case, a consumer complained to the Department that he had put his vehicle in a repair shop in the Wilayat of Adam because of a sound in the engine. The repair shop inspected the vehicle, informed the complainant of the defaults and requested the purchase of spare parts for engine repair. After requesting the repair shop to fix the defect, the examination showed  that there was a defect but the shop delayed the repair. Accordingly, the consumer filed a complaint in the Department, which took the necessary action and turn it to the public prosecution in the Wilayat of Adam. The court investigated the case and referred it to the Court of First Instance, which sentenced the defendant to conviction. The court sentenced him to punishment under article 23 of the Consumer Protection Law, with a fine of  (OMR 300), and obligated the repair shop to repair and deliver the victim's vehicle free of defects, with paying all costs of spare parts and repairs, and obligating the defendant party to pay OMR 300 as fees to the expert.

The Public Authority for Consumer Protection calls on all merchants and suppliers to abide by the provisions of the Consumer Protection Law and its bylaws and to adhere to transparency and credibility and to refrain from propaganda and false and misleading advertising when promoting goods 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