Concern at delay and non-delivery
BUILDING a home is an investment. Many spend a lifetime worth of savings to be able to purchase materials to build a home or to repair parts of their home, and, when they spend with businesses, they do so with the trust that they will be provided good, quality items in a timely manner.
In Fiji, it is illegal for a business to accept payment for products or services they do not intend to supply.
Unfortunately, there have been numerous complaints against businesses who fail to deliver ordered items and make consumers wait for months on end before supplying the items, inconveniencing them in the process.
From January 2020, the council has received 104 complaints specifically on non-delivery of hardware worth more than $170,000.
A complainant paid a hardware company $18,000 for timber and roofing iron to build his home.
He had hired workers to work on the foundation of the home while they awaited delivery of ordered items from the hardware company.
The latter failed to deliver the items within the time frame of two weeks, so the complainant followed up.
Continuous false promises by the trader prompted the complainant to lodge a complaint with the council.
Through the council’s investigations, it was noted that the company did not have roofing iron in supply and the company had accepted money with the intention of purchasing it from a different supplier and placing a markup to the consumer.
Through the council’s intervention, the complainant was offered refund on the roofing iron to purchase from a different supplier and the timber was later delivered by the hardware company.
The investigations also revealed that the trader in question continues to engage in such unethical practices.
In another case, a complainant had ordered hardware items in 2018 and the company failed to deliver the items.
The complainant followed up with the respondent numerous times but to no avail.
The respondent claimed that a few items were delivered but there was no delivery docket to confirm the same.
The complainant was a Savusavu resident and was disappointed with the service provided causing him to seek the council’s assistance.
The council intervened and the respondent delivered the items from their Labasa branch, two years after the paid order was placed.
Under Fijian law, businesses must not accept payment for products and services if:
■ They have no intention of supplying them
■ They intend to supply materially different products or services
■ They know or should have known they would not be able to supply the products or services within the time frame indicated or if no time frame was provided, within a reasonable time.
There are situations however, where businesses are genuinely unable to meet supply agreements.
For instance:
■ Failure to supply was due to something beyond their control
■ They exercised due diligence and took reasonable precautions.
When a business accepts your payment for products or services, they must supply them to you within the time frame they have indicated or if no time was specified, within a reasonable time.
If you do not receive the products or services you have paid for, your first step should be to contact the business to try and resolve the problem.
Otherwise, consumers can contact the council for assistance.
If you have ordered and/or paid for an item that has not arrived, you may take the following actions:
■ Find your proof of purchase, which will usually be your paper receipt, e-receipt, or your copy of the contract but it can also include your bank / credit card statement. You will need proof of purchase in the event that the trader asks you for evidence that they have yet to supply the product/service.
■ Contact the seller to ask them to deliver the item. This should be done if the goods/services were never delivered or did not arrive within the expected time.
■ Ask the seller for a refund or redelivery.
When purchasing goods/and services consumers are urged to take note of the following:
■ For most contracts, the trader must give you certain important information about the goods/ services, payment arrangements, delivery, their name and contact details, after-sales information and details of any complaintshandling policy they may have. If you received this information, keep it in a safe place.
■ Before purchasing goods/services, be sure to inquire after the details of a complaints-handling policy and who you need to complain to.
■ Check the trader’s website, the receipt and, the order form or the delivery note for details. Have all relevant documents as well as notes to ensure you have the relevant evidence in case you lodge a complaint with relevance to the goods/services you purchased.
■ Read contracts carefully and take note of delivery dates.
For any consumer issue with relevance to non-delivery of goods/services contact the council on toll free number 155 or email complaints@consumersfiji.org. Complaints can also be lodged on the Consumer Council of Fiji Mobile App.