Protecting the rights and the Interests of Consumers

VOLUME 25 | ISSUE 2 DECEMBER 2011

In this

ISSUE
From the Desk
CEOs Viewpoint BUDGET - From Consumer

Off the Streets

Taxi Fare Increase Peoples Voice

Mortgages
Auction - the solution

Real Estate Law Change

Research
Halal Claims must be substantiated

Misleading Advertisements

02 03 06 08 12 13

The peoples budget

BUDGET 2012
Cigarettes and alcohol. Imported exercise books. Blank DVDs and CDs. Palm Oil. Chinese salt. Nails. Nylon Ropes. Departure Tax. A 1% levy is imposed on all voice call charges such as landline calls, mobile phone post pay, mobile phone top up cards or prepay. Luxury cars exceeding 2500cc but not exceeding 3000cc. Luxury cars such as four wheel drives with cylinder capacity exceeding 3000cc. A 2% levy is imposed on credit card balance. As a consumer, one needs to analyze, understand and grasp the information in order to fully utilize the benets made available through the 2012 Budget. Signicantly, the budget should also remind consumers to control their spending in other areas where prices have gone up. The purchasing power always lies in consumers hands and the decisions they make are therefore important. Proper planning, budgeting and savings will put consumers in a stable position looking forward to a more secure future.

The announcement of any national budget affects a consumer in many ways. The 2012 Budget announcement has certainly made our consumers happier. For instance, the reduction in income tax (PAYE) and pay rise for civil servants are welcoming news. For consumers in general, life has been made a little easier with benets in a number of areas. This can be seen as a relief, especially in these hard, trying times with the rising cost of living. The 2012 budget also allows a lot of room for consumers to save that will ultimately put them in a better nancial position. For this, you need to make the right choices and know what areas to spend on. It is important for consumers to be fully informed about the available benets and to realize the impact of their spending. Consumers can expect to pay less for the following items: Imported fruits such as apples, grapes and oranges. Imported vegetables such as broccoli and celery. Musical instruments such as piano. Sports equipment such as table tennis sets. Knitted fabrics. Every coin has two sides, hence the benets come with critical and cautious side. This is where consumers need to be smart, responsible and more careful with their spending. Consumers can expect to pay more for the following items/services: Imported canned sh.

Complaints
Thumbs Up Thumbs Down

Consumer Advice
Christmas Shopping Tips Buy Fiji made

CEO Editor Sales Design Print

Premila Kumar CCoF Team CCoF Leonard Ganilau Dreamwise Ltd

Distribution CCoF

December 2011 Consumer WATCH | 1

seasons greetings

Point

CEOs View
Once again we have come to the end of the year when everyone is in festive mood. Its a time when consumers get tempted to spend more and many take a break to relax with family and friends.

TAXI FARE INCREASE

Word on the streets

Taxi drivers Idris Khan Suva Taxi fare increase is affecting our business. The increase should be 5cents/100metres. William Crocker Davuilevu We are hardly making any money because people are going by buses. Its very bad because were hardly taking any money home. At the end of the day we just meet the contract and a little bit extra. I think the government should move it down a bit, otherwise we will suffer. Livai Baleiwai Naitasiri Yes, one can say that taxi fare is high but people have got to learn to accept changes, however drastic they may be. The only thing that this government should do to meet the high cost of living is to increase the salaries & wages of working people. Taxi operator/owner Mosese Katonivere - Samabula The taxi fare increase is good for us because fuel price is high and if we had to go back to the old fare, itll greatly affect our business, especially with the poor road conditions that we have. I believe the government should get back the COLA system in order to ease the burden for consumers. Consumers/passengers Pasepa Baleitamavua Suva I feel sorry for those who live far because they will suffer. And for these people the 100% increase means that whatever they earn in a week pretty much covers their fare. Sushila Devi Caubati Before we paid $5.50 but now we pay $9.80 and thats very high. I sell my produce in the market and its affecting my business. First time I catch the taxi, I never want to catch it again because the fare is very high. Now I have to catch the bus and I will not bring as much produce as I normally did in a taxi. The 100% increase is not good they should just increase the flagfall to $2.00.

However, this is the time when consumers need to be most cautious and practical about their needs and wants. Many in the excitement of getting bonus or back pay may spend unwisely and without thinking. This should be avoided at all times as impulse buying will definitely affect your financial status in the weeks to come. There will be massive sales advertised in every shopping outlet luring consumers to spend but as a smart and responsible consumer, you need to ask yourself what you really need and if you are getting the real bargain for your hard earned money. Look around for the best available prices rather than being comfortable with one place. Examine the quality of goods you are buying and keep all receipts should you require a redress later. Make a budget for yourself and specify what you really need. This should give you a clearer picture and stop you from unnecessary spending. If there is a surplus than save it for better use in future. Consumers need to be vigilant and better organized with their spending. This has been a tough year for many with the increasing price of goods and services. Not to mention the latest increase in taxi fares - a service that majority of consumers rely heavily upon, especially during busy shopping periods. Consumers are urged to look for alternative and cheaper modes of transport. You need to be prepared for the challenges in the New Year. On behalf of the Council, I wish all consumers a Merry Christmas and a very happy New Year.

Premila Kumar Chief Executive Officer

2 | Consumer WATCH December 2011

OFF THE STREET

TAXI - HAS SUBSTITUTES

Suffering would best describe the situation of the majority.
EMPTY taxis parked at their bases during peak hours or taxis lined up in front of supermarkets has become a common sight now. Bus stands full of passengers in buses and taxi stands full with drivers in empty taxis definitely send out a clear message. More people are opting to travel in buses now with almost 100% increase in taxi fare implemented from November 7. This was expected as our transport market is not ready to meet high fare demands, especially with the rising cost of living taking its toll on struggling consumers. Council findings and observation revealed that there has been a significant increase in the number of people travelling in buses now compared to before with at least one bus company noting a 5% increase in passengers in the first week of the new taxi fare implementation. Several other bus companies noted increase in passenger numbers and expect the numbers to swell in the coming days. Majority of the travelling population simply cannot afford the current market price of hitching a taxi ride which every third person was dependent on. Taxis had become an essential need for the travelling public but

this of course is expected to become a thing of the past. 98% of the passengers, drivers and taxi operators interviewed by the Council are against the new taxi fare increase. This is also evident from the daily newspaper articles and letters to the editors column. People have also been expressing their concerns through radio talkback shows and media at large. The Consumer Council had a significant number of complaints including taxi owners who were unhappy with the exorbitant fare increase.

Advice to Consumers Weigh your travelling options- consumers should make wise decisions to choose the cheapest mode of transportation. One should analyze whether they really need taxi for travel and if it can be replaced by bus or mini vans. Walking home- this would be another healthy option. Walking, if home is close by, for those without the burden of carrying groceries or other luggage would be a wise option. Daylight savings-consumers to make the right use of daylight savings by walking home. Use your alarm to get up in the morning to avoid using taxis should you miss your regular transport. Car pooling- consumers are encouraged to practise car pooling, ie, catching a ride to and from work in a friends or neighbours vehicle if travelling from the same area (sharing a ride with friends or neighbours). Taxi pooling-consumers can team up and share a taxi when the need arises. This will not only save consumers some cash but is environmentally friendly as well.

Mistri Trisameta Solomon Islands As a private student at USP, it affects me because we dont work. If the taxi fare can go back to its normal rate, then it would really be good for us private regional students. Eroni Kotoiwasawasa Cunningham The way I see it the taxi fare increase is not a good initiative because our wages remains stagnant while everything else is increasing, like food etc. And these days its very hard to take our shopping home, even under rainy conditions because we fear what we have to pay and the longer the distance, the higher the fare. I think the taxi fare should go back to its normal rate.

How to calculate your new fare: Old fare multiply by 2 then subtract $1.50 For example, if your old fare was $3 than the new fare would be: $3x2= $6-$1.50= $4.50

December 2011 Consumer WATCH | 3

MONEY TALKS

FINANCIAL LITERACY:
Why the Need?
Financial literacy can be defined as the ability to make the right decisions when it comes to managing your personal finances. Financial literacy is all about how the decisions you make affect your future financial stability. An assessment of the complaints received by the Council shows that majority of the financial and credit problems which are faced by consumers is due to the lack of basic understanding of rights and responsibilities when it comes to borrowing money or purchasing goods and services on credit. As a result, many consumers tend to over commit to credit, are not able to make payments on time and are not aware of protection mechanisms under the Consumer Credit Act. In these hard economic times when prices of goods and services are rising is a harsh reminder of how important understanding financial matters are. Everyday transactions and financial decisions pave the way for the consumer to make bigger decisions like being able to buy a house or to invest in a car. Through information and objective advice, consumers are able to develop the skills and confidence to become well informed of the financial risks and opportunities. They need to make informed choices to improve the status of their finances. For Consumers to have access to just, fair and competitive financial services, it is essential that information is available through education. This will allow consumers to make informed choices in the market place. Once consumers are empowered with the right skills a n d knowledge, credit providers and financial institutions will be forced to re-look at their contracts and market practices. This empowerment will manifest itself when consumers are able to read and question the fine print clauses that deny them the remedy and right to redress. Consumer financial literacy is an economic and social empowerment tool. It provides consumers with a better understanding of the mechanics of financial institutions. Consumers become more aware and vigilant when they enter into credit agreements to ensure that their rights are protected and put an end to consumer exploitation. Therefore, all consumers need to be financially literate in order to protect their rights and also make informed decisions when it comes to their finances.

Case Study
Mr. Daniel was facing financial difficulties in making repayment for his loan taken from a credit provider. He requested changes in time period but the Institution failed to consider his request. They even threatened him with phone calls every day to either fully clear the account or the Institution will repossess his item which he took on Hire Purchase. Frustrated and nowhere else to go, Mr. Daniel lodged the complaint with the Council. Councils Action Upon Councils intervention, the respondent was willing to have a meeting with Mr. Daniel and made arrangement to extend the payment period. Daniel was very happy with the outcome of his case. TIP OF THE DAY You have the right to apply for changes in repayments period on the grounds of hardship provided that you discuss your hardship issues with your credit provider. It should however be noted that interest will continue to accumulate until you have paid off the arrears.

the couple then decided to go through the agreement which they had signed. They were shocked and stunned to find out that the interest rate for their loan was 24% and that a purchase Agreement was made instead of a Bill of Sale. On the same weekend, the Council had made comments on hire purchase sale in one of the newspapers which the couple came across. Without further delay, they lodged their complaint with the Council on the high interest rate charged by the institution. Councils Action Upon Councils intervention, the institution disclosed some of the vital information which should have been done before signing the contract. It was revealed that the interest rate was 13.5% and 24% was the default rate. The institution stated that if the interest rate was 24%, they would then be making much higher repayments than what they were currently paying. It was also explained that the institution does not prepare a Bill of Sale to save additional costs for the consumer. In addition, Mr. and Mrs. Benaab were advised that the Institution can also restructure their loan repayment upon request. TIP OF THE DAY Before entering into a credit contract, consumers are to demand for pre-disclosure and to check the interest rate.

Case Study 2
Mr. and Mrs. Benaab took a loan to purchase a vehicle. With all the excitement and exhilaration, the couple signed the agreement and paid a deposit. After making their first monthly installment,

4 | Consumer WATCH December 2011

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December 2011 Consumer WATCH | 5

AUCTION - THE SOLUTION

MORTGAGEE

SALE
Real estate law change

The Consumer Council of Fiji welcomes Governments latest initiative to strengthen laws and regulations governing the real estate sector. The amendments to the Real Estate Agents Act bring about and ensure the much needed transparency in the system. The amended law governing the real estate business has been effective since November 15th this year. This will now prohibit the involvement of lawyers acting on behalf of financial institutions to dispose of properties by mortgagee sale. The Council hopes, with the elimination of lawyers from engaging directly into the actual process of mortgagee sales, home owners will be allowed to be part of the tender opening and tender awarding process. This will allow the property to be sold at actual market value and do justice to the home owner in getting the best deal.

The Real Estate Licensing Board has a very critical role to play now as they are empowered to take action to enforce the Real Estate Agents Act 2006 given reasonable cause that provisions of the decree are being contravened. The feedback from the Real Estate Licensing Board has been positive and encouraging as a number of fraud practices are under investigation and the Board welcomes consumers to lodge complaints on unfair practices existing in the market place. The Council believes the changes will not only protect home owners but empower the board to effectively carry out its mandate. The Council hopes that strengthening of the regulations will bring about fairness and more transparency, particularly in mortgagee sales. The Council also hopes to see the rights and interests of home owners protected with the amendment made to Real Estate Agents Act.

Problems Sale

with

Mortgagee

The Council has been receiving a number of complaints from consumers when it comes to mortgage sale. Some cases are unbelievable where the behavior of the financial institutions and their lawyers are shocking. Below are some of the main problems associated with mortgage sale. Some unscrupulous lawyers represent all three parties i.e. financial institution, seller and the buyer and this information is not disclosed to the parties. The pre-disclosure (full information prior to any confirmed deal) is not given to the buyer.

Auctions ca n be guided by the regu the bidding pr lations ocess so that everyone know to control and obligatio ns. This wou s their rights ld avoid disc system. repancies in the Unlike mortg agee sales, auctions can market value reveal the tr of a property ue open forum and are cond where all bids ucted in an are known an are given imm d participants ediate feedba ck on the prop ertys value. Auctions el iminate long negotiation interests keep periods whe on accumul re ating. Buyer they are com s peting fairly and on the sa would know other buyers me terms as and receive all comprehensi property via ve informatio due diligence n on packet. Any consum er taking pa rt in an au and quickly ction can ea make marke sily t comparison biddings at th s when they e same plac see e and at the same time.

e Solution Public auctio ns would be a fairer and way of selling more transp mortgaged pr arent operties. This would gi ve the buyer a good barg debt free as ain and be well.

Auction-Th

The consumer pays for the legal fees and yet is not allowed to choose his/her own lawyer. Home owners are not informed by the financial institution or lawyers on how much fees he/ she is expected to pay. The information on the amount owed by the homeowner is leaked by solicitors and bank officers to other bank staff or their acquaintances. Neither the financial institutions nor the lawyers provides a final statement to the home owner giving details such as what was owed to the financial institution, how much the property was sold for, any reimbursement of insurance, other fees and charges, what is the accrued interest etc.

The surplus from the sale of the house is not given to the homeowner and yet the shortfall is expected to be accommodated by the home owner. Most borrowers receive very little information on financial hardship from

The buyer is never informed that there are two types of insurance and one is not compulsory. The buyer, not knowing this, ends up paying for both. The lack of transparency, whereby a home owner is left in the dark without having a say in disposing his or her property. 6 | Consumer WATCH December 2011

lenders. Many of the standard letters sent to defaulting borrowers are not clear. Home owners are excluded from the tender opening and awarding process.

FRESH INITIATIVE

noqu DINAU
DEBT MANAGEMENT AND CONSUMER ADVISORY SERVICES
How often do we find ourselves caught up in debt? Borrowing as low as $2 from a friend or workmate for bus fare puts you in debt unless the money is returned. Debt simply means when you owe somebody money. It gets bigger every week if you are charged interest. Interest is an extra charge on the original debt. The Consumer Council of Fiji, under the AusAID project titled Consumer Financial Protection and Building Credit Competency for Vulnerable Groups launched its first ever pilot program on Debt Management and Consumer Credit Advisory Services in September 2011 in Suva. The overall objective of the service is to provide assistance to consumers who are in debt by giving them advice on their current financial problems and help them reorganize their finances so that they are in a better position to pay it off without sinking deeper into the vicious cycle. The Council aims to promote and encourage holistic changes in the way consumers use and manage their money (income) with smart spending habits combined with debt management skills. This new service offered by the Council anticipates empowering consumers to borrow and manage debt wisely. We all need money to survive but how to use the money is the real issue. The Council has produced brochures and posters on Debt Management and Consumer Credit Advisory Services mainly to educate the consumers on the free Debt Management and Consumer Credit Advisory Services in Suva. You can find this informative brochure on our website www.consumersfiji.org Through this service, the Council intends to assist the repayment of the consumers debt by helping them to create a payment plan to get their debts under control, better understand their rights and responsibilities in relation to their payments and establish a budget. Whilst the initiative has been taken by the Council to assist the consumers in managing their debts, it will not: lend money to consumers to pay off their debts, or be a guarantor for any loans or mortgages which consumers undertake, or take responsibility to ensure consumers debts are paid on time. Since it is a pilot project, this service will only be available to the consumers residing in the central division.

Proudly supported by Ausaid The Debt Management and Consumer Credit Advisory Services is proudly supported and funded by the AusAid. AusAid First Secretary for Development and Cooperation Mr Timothy Gill, at the launch of the project, urged Consumers towards becoming financially literate so as to become better informed of their rights and obligations when entering into Credit Contracts. Australia is a major supporter of financial inclusion in Fiji and is committed to improving access to financial services to break down the barriers to economic participation by the poor, said Mr Gill. CASE STUDY (Below is a real case study that the Council is handling at the moment) A worried and depressed Mrs Singh came to the Council with a huge debt she had no idea how to control, let alone clear. She was in great need of advice on how to manage her debts. Mrs Singh had a personal loan with the bank, a mortgage to pay off, unpaid utility bills and debts she owed to money lenders. The Council has advised Mrs Singh that while her loan with the bank is directly deducted at source, she needs to find additional work to supplement her income. The Council strongly advised

Mr Gill stated that the new Consumer Credit Advisory Services that will be offered by the Council will allow people in the Suva Nausori corridor to get the assistance they need to better manage their debt and the Financial Literacy workshop will provide a platform where consumers will be able to better understand their rights as borrowers. According to Mr Gill, this situation illustrates the level of indebtedness of many Fijian households, especially the poor as they often do not qualify for cheaper sources of finance. It further strengthens the need for a debt management and credit advisory service to help poor consumers find their way out of this debt trap, he said.

her not to take loans anymore from either money lenders, friends or family. Mrs Singh and her husband are now looking at buying a brush cutter to start their own grass cutting business to supplement their existing income and help them start paying off their debts. The Council will continue to assist and guide consumers to effectively manage their debts and grow out of it. We welcome members of the public to take advantage of this free service. Remember out-of-control debt can have a long term effect on your future. You could lose your home, your family, and your entire life savings.

December 2011 Consumer WATCH | 7

RESEARCH

HALAL claims must be substantiated

THE Consumer Council found a number of food establishments and manufacturers failing to substantiate their halal claims. Halal is a system of food preparation according to Islamic law and many consumers prefer it because it confirms to health and safety standards. Halal certification is now recognised by many food authorities as an acceptable food standard. However, the use of halal in food labelling is restricted to only those companies who have been able to acquire it from an appropriate religious authority. In Fiji under the Food Safety Regulations 2009, Part V (Labeling Rules and Packaging), Section 24 sets out Prohibited claims. Under Section 24(d), prohibited claims include claims which cannot be substantiated. Under S24(i) claims of religious or ritual preparation, including but not limited to Halal and Kosher, when the food does not conform to the requirements of the appropriate religious or ritual authorities. Therefore food companies are required by law to substantiate or provide proof of certification from the appropriate religious authority if they are using halal or halal certified in their labelling, advertisement or in other information regarding their products. Companies that use halal labels or the term halal to sell or market their products without certification are misleading consumers and can be taken to task.

Food company fails to substantiate Halal claims

Nandos removes Halal tag

The Councils surveillance work on unsubstantiated halal labelling found in upmarket restaurant, Nandos, displaying a halal certificate at its restaurants.

CASE STUDY

CASE STUDY

IN August this year, Foods Pacific Limited (FPL), producers of Golden Country canned meat was forced to remove the term halal on one of their corned mutton products after they failed to substantiate this claim. This followed concerns raised by the Fiji Muslim League (FML) FPL had provided halal certification, but these were for their New Zealand supplier on the raw lamb products that they imported. The FML clarified that halal approval and certification for a food product is done for the entire processing of the product and not in parts. That is, the whole process from the slaughtering of the animal right up to the final product, in this case corned mutton, had to be fully halal compliant. After nearly 5 months of correspondence between the Council and FPL, the company finally removed the word halal from its product. In mid-August FPL began removing the product from its wholesalers and retailers. It also stopped using halal on its label and would only do so through proper certification. Consumers who come across the term halal on food labels, in restaurants, and other food establishments are urged to check with the Fiji Muslim League or the Consumer Council. The Council found that the certificate was actually issued by the Australian Federation of Islamic Councils (AFIC) to Edlyn Foods, one of Nandos main suppliers in Australia. AFIC informed the Council that the certificate was applicable only to the organisation they issued it to, that is Edlyn Foods, and not Nandos. AFIC added that Nandos should obtain a certificate from the Fiji Muslim League. Furthermore, the Australian organisation highlighted that having ingredients certified halal does not make the final product halal. Nandos ended up removing the certificate from its restaurants. In fact they had violated the Food Safety Regulations 2009 requirements for substantiation. Fortunately for them they were not penalised as they took quick action in removing the hala certificate being displayed in their restaurants.

8 | Consumer WATCH December 2011

WHEN THEY MISLEAD...

Misleading Advertisements
A total of 42 advertisements appearing in various media this year came under scrutiny with issues ranging from non-disclosure of important information to misleading prices. In most cases, the retailers and businesses concerned immediately made the necessary amendments after the Council intervened. This year, the Council began monitoring advertisements following specific and general consumer complaints on misleading prom otions and sales information. The Council is concerned that with the development of more commerce and trade, there has been a marked increase in product information and promotions that are geared to enticing ignorant and innocent consumers. The Council is constantly advising consumers to be careful before committing themselves to attractive deals and promotions. Most often there is a catch hidden somewhere in the fine print or not disclosed to the unsuspecting consumer. A couple of businesses approached the Council to look at their promotional material in a bid to ensure that consumers are not unfairly treated.

Misleading advertisements Selected cases (3rd Quarter)

Business/trader Vodafone Fiji Inkk Mobile Problems Encountered Vodafones 7c overseas calls promotion ended on 27/06/11 but still on the website on 28/06/11. Posters of Its FREE with Inkk! posters still prominently displayed in shops on 29/06/11 even though the promotions have ended on 8th June, 2011. Non-disclosure of information on $166 deal Morris Hedstrom Mc Donalds MHCC MHCC MH Namaka Digicel Fiji Ltd Paddys Market Main Street Labasa Roop Milan Main Street Labasa Deos Ezy Buy Main Street Labasa Morris Hedstrom Advertised 13kg Fiji Gas when there is only 12kg Fiji Gas available Radio advertisement-for every purchase of a meal from Mc Donalds, consumers can purchase the Coke Cola glass for $0.50, however this was applicable for purchasing of Mc Value meals only Price tag/shelf price display of lettuce is $18.99kg but were charging $24.99 Complainant bought a 3piece set of boys suit, however it had only 2piece (01/08/11) MH Fiji Times Ad: bed sheet shown at specials price marked at higher price in-store There is no indication of the promotion date; when it starts and when it ends. Consumers were misled into thinking that the promotion is on every day All items displayed on special tags ,however, the price was normal Posters were still displayed after the sale ended Display of sale posters were still on the shop walls after the sale and items with sale tag were sold at normal price For every purchase of goods worth $20 or more you can buy perfect choice Iodized salt 500g for only 10c pkt. Advertisement did not specify how many packets consumers are entitled to purchase.

42 advertisements under the microscope

A total of 42 advertisements, in-store and product information, came under the Councils surveillance for being misleading or not disclosing information to consumers (selected cases in table). The most number of advertisements that came under the Councils scrutiny was for Morris Hedstrom. 25 out of the 42 advertisements were by the MH supermarket chain, mostly their supermarket ads were misleading or infomation was not disclosed. Leading fast-food chain, McDonalds, had to amend a radio commercial for its 50 cents Coca Cola glass after they did not

specify that only particular meals were applicable. The ad said customers can purchase the 50c glass if they purchased any meal. However, after a complaint was lodged with the Council, McDonalds clarified that the promotion was applicable only for purchases of its McValue meals. The complainant was provided compensation by McDonalds. The Council is concerned that some businesses allow promotional posters to remain on shop windows and in public places after the promotion has ended. While the concerned businesses tended to blame the retailers, the Council reminded them that they were the promoters and thus also had the responsibility to remove these posters. December 2011 Consumer WATCH | 9

DISPUTES & RESOLUTIONS

The Consumer Council of Fiji received a total of 1911 complaints for the first 10 months of this year (January to October). These are registered complaints
From January to October, the Council received 1,911 complaints. These complaints had a monetary value of close to $3.3m. The Council assisted 1202 consumers saving them close to $2m. This was resolved through mediation with the parties concerned. Complaints on Landlord/Tenancy, Electronic Goods and FEA are the top three respectively. The most popular complaint in the second half of the year was on the much talked about FEA security deposit. Consumers failed to understand why they had to meet with a sudden demand on the security deposit when their bills were up to date. For some, this sudden increase had a huge impact on their budget. The latest statistics from our Alternative Dispute Resolution (ADR) Division showed that the Council received a total of 141 complaints on FEA Security Deposit let alone the numerous enquiries and advice sought on this issue. The second highest complaint was on electronic goods with a total of 144 complaints. Traders continue to dupe consumers by selling faulty and damaged electronic goods. We urge consumers to be vigilant in this area. The Council is deeply concerned with the high number of complaints in the landlord and tenancy area as it received the highest number of complaints at 203 and continues to lead the complaints table for the past 3 years. The next on the list of complaints is on mobile products as 136 complaints on faulty and damaged mobile phones were lodged with the Council. Majority of the omplaints were lodged against Dickson International in Suva. Other complaints that made the top 10 of the list are WAF water, banks & other financial institutions, hire purchase/lay-by, spare parts and grocery. The Council will continue to protect and fight for consumers to ensure there is a level playing field in the marketplace. The Councils ultimate aim is to have confident and empowered consumers in society who are able to choose the best deals, demand better products or services and resolve problems when things go wrong. This will bring about innovation, competition and growth for the country as a whole.

Case Study 1: Small Claims Tribunal (SCT) Mr Singh had entered into a deal with his brother-in-law over the sale of a vehicle which was not transferred to him as both parties had agreed to have it done after he had made his final. There was a dispute later over the transfer so Mr. Singh sought help from the Small Claims Tribunal. But the Tribunal dismissed Mr. Singhs claim, saying there was no documentary evidence. Mr. Singh was aggrieved. He contacted the Consumer Council for assistance. He believed his case was not properly heard and upon our advice, the Small Claims Tribunal re-opened his case. Our Advice: It is your duty as consumers to ensure your rights are upheld. If you believe you have not received justice over a credit deal that you have entered into, you have the right to reopen the case. Also, consumers are expected to demand for and keep all the documents safely so they can produce them in any hearing when required. Your Right: When your case is referred to the SCT, you have a right to be heard fairly. The primary function of a Tribunal is to attempt to bring the disputed parties to an agreed settlement. The Tribunal shall determine the dispute according to the substantial 10 | Consumer WATCH December 2011

merit and justice of the case and in doing so shall have regard to the law but shall not be bound to give effect to strict legal rights or obligations or to actual forms or technicalities. If you are aggrieved with the outcome of the Tribunal in that you feel that it maybe unfair, you should seek for the hearing of your case. Case Study 2: Accepting Payment without being able to Supply as Ordered The complainant had placed a special order with a car company for the purchase of a vehicle to be manufactured with the special features. The initial quote was for $115,000.00 inclusive of all the special features that the complainant wanted and the respondent agreed that they would provide. The complainant had made a deposit of $38,400.00 before the order was made to the manufacturer and had further arranged for a loan from the bank to pay the balance of $76,000.00. Before the arrival of the vehicle into the country, the car company had then advised the complainant that he was to pay an extra $5000.00, bumping up the initial cost of the vehicle from $115,000.00 to $120,000.00. The complainant was not too happy with what the car company demanded and lodged a complaint with the Council.

Top 10 Reoccurring Complaints for Jan - Oct 2011 Types of Complaint Landlord/Tenant Electronic goods (computers etc) FEA Electricity Mobile products WAF Water Banks & other Financial Institutions Hire Purchase/Lay-By Groceries Spare parts Monetary Value for Complaints received by Council for Jan-Oct Complaints Registered Resolved Cases Cases referred to Small Claims Tribunal Total Dollar Value $3,391,913.86 $1,931,657.93 $109,760.70 Total Received 203 144 141 136 110 62 55 48 44
280 240 200 160 120 80 40 0 WAF - Water Hire Purchase / Lay-By Groceries Landlord/Tenant Mobile products FEA = Electricity Banks & other Financial Institutions Electronic Goods (Computers etc) Spare parts 144 141 136 110 62 55 48 44 203 Series 1

Total Received

Consumer Complaints Jan - Oct 2011 Types of Complaint Registered Resolved Small Claims Tribunal SCT Other Total 1911 1202 139 330
17.26% Resolved 62.89% Small Claims Tribunal (SCT) 7.27% Resolved 17.26%

Percentage of Complaint

Percentage of Complaint
7.27%

Types of Complaint Resolved Small Claims Tribunal SCT Other

% 62.89% 7.27% 17.26%

62.89%

Upon the Councils intervention, the car company was advised that they were in breach of Section 88 of the Commerce Commission Decree accepting payment without being able to supply as ordered. It then agreed to supply the car to the complainant without the extra $5000.00. Our advice: Consumers should be aware and only pay for what was agreed to at the beginning. Ensure this is given in writing. Suppliers must supply what they had accepted payment for. If there shall be any fluctuations in price due to unforeseen circumstances, it should be stated in their quotations and or invoices. Your right: You have a right to demand what you have rightfully paid for. If there are any changes to the agreed price, it has to be agreed to between the parties and adequate reasons should also be given.

Case Study 3: Misleading Advertisement Mr. Yiu saw an advertisement Early Bird Offer in the dailies, in which he had to spend more than $300 in order to qualify to enjoy the offer. The next morning he went to the store at 8.30am, shopped for $663 and cashed in at 8.31am. As he asked to purchase the item under the early bird offer, he was advised that item was not available. Frustrated he lodged a complaint with the Council. The Council asked the store to explain how the items under the Early Bird Offer could be sold in just one minute. The store accepted the Councils justification, obtained the item from another branch and provided it to Mr. Yiu. Our Advice: Consumers should retain their receipts each time they purchase anything. It is important in cases like this especially when consumers want redress. Receipts and dockets are necessary as they act as a proof of purchase. Your Right: You have a right to raise concerns should you feel you have been cheated and misled by any advertisement.

December 2011 Consumer WATCH | 11

THUMBS UP
1. Vodafone Fiji Ltd Consolation Prize from Vodafone 888 Texting Promotion The complainant had won a consolation prize through entering the above texting promotion during the Hibiscus festival. She went to a Vodafone shop to collect her gift voucher and was also advised that she needed to redeem her prize at the store that sponsored her. Upon going to that store, she was advised that the time frame for which she was supposed to redeem her prize was over and that she could no longer claim it. She had then gone back to the Vodafone store and was also advised the same. Upon the Councils intervention, Vodafone delivered the consolation prize to her doorstep along with $25 cash to compensate her for all the hassle and travelling around she did to redeem her prize. Vodafone will also be looking into the possibility of going without all the consolation prizes in next years texting promotion. 2. Courts Fiji Ltd (providing replacement) Courts gave a new replacement bed for the return of a faulty mobile phone that was purchased from them. The complainants account was also credited with $199 from the mobile phone account and the payment term was extended for another year. 3. Melbourne Building Works (Satisfactory Refund) Complainant paid for a double bed to be tailor made as per the catalogue. However, this was not provided to the complainant on time. Upon the Councils intervention, Complainant was provided with a bed while his order was still being made. Respondent could not finish the order on time, therefore, provided full refund as promised upon the customers request. 4. DIGICEL (For practicing conditional selling) The Council received complaints against Digicel selling mobile phones under the condition that unless $10 recharge card was purchased the mobile phone couldnt be purchased. The displayed price of a $35 mobile phone was actually purchased at $45 due to the recharge card. Upon the Councils intervention, Digicel made amendments and cancelled all conditional selling. 5. WATER AUTHORITY OF FIJI (For rechecking the water meter) The complainant was disappointed with his water bill of $81.65 when all his previous bills ranged from $6.00-$9.00. He was informed by the respondent that the bill was correct. The Council intervened and had the complainants meter was rechecked by the respondent to find that the reading was incorrect. The complainant was then issued a new and accurate bill of $10.95. 6. McDonalds RADIO ADVERTISEMENT A radio Advertisement stated that for every purchase of a meal from Mc Donalds consumers could purchase the Coca Cola glass for $0.50, however this was only applicable, when purchasing Mc Value meals. Through the Councils intervention, McDonalds made amendments to the advertisement and offered a free Mc Value meal to the complainant on the same day.

THUMBS DOWN
1. Fiji Care Insurance (Unfair Terms & Conditions) The complainant had an insurance policy, which stated a payout of the damages sustained in the event of theft. The complainants vehicle was stolen and involved in an accident but Fiji Care refused to pay out stating that the vehicles wheel tax was not valid at the time of the accident. The policy was silent on this. The case has been further referred to the Reserve Bank of Fiji. 2. Annan Motors (deferring payout of vehicle parts) The complainant gave his vehicle which was involved in an accident for repairs to the respondent. However, the complainant found out that LTA would not pass that vehicle, therefore he sought a refund. The respondent agreed to provide partial refund and the rest to be refunded later. Therefore respondent also agreed to buy the vehicle and sell it as spare parts; however he kept on extending the date for the payment. The case has further been referred to the Small Claims Tribunal, as the respondent did not commit to his payment deadline. 3. Dickson International Ltd (faulty products being sold) Numerous complaints have been lodged with the Council concerning the quality of electronic goods purchased from this store, mostly mobile phones. Products sold at this store are mostly China-made and develop problems within a week or two from the time of purchase. When consumers try to rectify the problems with the store, they are usually given the run around or shown warranty conditions that werent disclosed to the consumer at the time of purchase; or given replacement items which are second hand again not to the knowledge of the consumer. 4. Telecom Fiji Limited (Non availability of battery) The complainant had purchased an Alcatel Dual Sim from TFL. When the battery was faulty; the complainant had approached TFL and was advised that the battery was out of stock and an order had been placed for but was yet to arrive. After a few months the complainant still had not received the battery. 5. SKY Pacific (For Unsatisfactory Services in the Northern Division) Customers of Sky Pacific in the North have lodged complaints and grievances against the company for providing unsatisfactory services. Complainants are paying a monthly fee and are then required to call Sky Pacific Office in Suva to inform that the monthly bill has been paid since there is no office in Labasa. Most of the time when consumers call Suva Sky Pacific office they are placed on hold or are transferred from one line to another which is time consuming and increases phone bill at the same time. The Council has tried to contact Sky Pacific however no response from Sky Pacific has been received regarding this. 6. MORRIS HEDSTROM (MISLEADING ADVERTISEMENTS) Misleading price tags on the shelves. Price display for lettuce is $18.99/kg but they charged $24.99. Misleading advertisement; advertised 13kg Fiji Gas in the news papers but only 12kg Fiji Gas is available.

12 | Consumer WATCH December 2011

Christmas is celebrated with much enthusiasm and joy. It is a time for giving and togetherness. Flush with the extra cash available in the form of bonus and back pay, consumers are eager to splurge on festive shopping. However during this festive season, consumers should consider the following: The consumers must practice comparative shopping where they need to check different stores for the best available prices in the market Make a shopping list and buy only what you need. Avoid impulse buying as this leads to regrets later Consider buying Fiji made products to promote growth locally Do not buy items from street hawkers as there is no guarantee for the product and a redress is impossible since no receipt is issued Do not get trapped into zero deposit or three months interest free promotions by hire purchase companies. Dont purchase for the sake of a hyped up advertised sale Demand for a pre-disclosure and find out all details including the warranty conditions and the annual interest rate Be careful of Buy One and Get One Free promotions. Sometimes such promotions are used to get rid of inferior quality products or products that are not fast moving. It is not necessary to buy expensive gifts. Home-made art and craft gifts are much more admirable than an expensive

one sitting in the store. A cheaper option is to stick to exchange of Christmas goodies such as juice and cakes with friends and families as a gift token to uphold Christmas spirit. Home baked cakes and biscuits are an option to consider rather than buying imported, expensive cakes. Always check the expiry date of any product you are purchasing and keep all the receipts Be alert and ensure you are paying the advertised price. Do your own calculation. Carry a calculator. Dont fall for bait advertising where traders advertise few items that are not in stock to lure you in your stores. Avoid doing last minute shopping as this makes one spend more

BUY FIJIAN MADE CAMPAIGN

The month of December has been officially dedicated to Fijian Made and Buy Fijian Campaign. Thjis was officially launched in July. It promotes Fijian made products and produce to empower the locals and boost the economy at the same time. It banks on your choice to buy local, produce local and invest locally which in turn will result in the betterment of our nation as a whole. We encourage consumers to think globally and act locally while shopping this festive season. Four great reasons to buy Fiji made: You can help keep your money in our country! 1 Every time you buy Fijian made products you ensure that your money stays in our country. What this means is that we retain our money to be able to build better roads, hospitals and provide better services to all Fijians. It means we keep our money to better our lives.

You can help provide for our Fijian families! 2 Every time you buy Fijian made products you are helping to provide for our Fijian families. A very substantial number of Fijians are employed by Fijian manufacturers. When you buy products made by these manufacturers you are helping every worker provide stability for their family. It means our Fijian families can continue to afford a decent life. You can help secure our childrens future! 3 Every time you buy Fijian made products you ensure that our children have a secure future. Our local manufacturing companies will grow and this will mean more jobs for us and our children. It means our jobs can be protected by us, with the buying decisions we make. The economy can grow because of your buying! 4 The more Fijian made products you buy the more our Fijian companies will grow. When these companies grow, they hire more people, contribute more tax dollars and even export more products which in turn bring in more income into the country. It means we have a strong economy and a stable financial environment for all of us.

December 2011 Consumer WATCH | 13

YOUR SAY | OUR SAY

Your Letters & Emails

Expired Products We bought a bottle of mushroom sauce are found that it was expired when we got home so we went back to the shop and found all bottles of sauce on the shelf had expired. Upon complaining, they changed and gave us a small bottle, which was ok. The mushroom source expired in 2006. I am afraid that this long expired product would be harmful as there was a risk of food poisoning. Please take action asap. Reginald, Nausori Council Says: Thanks for raising this issue with us. The Council takes these complaints very seriously as it contravenes the Food Safety Regulation. This matter has been referred to the Food Unit of the Ministry of Health for further action. The Council also does market surveillances on such issues and where required forwards it to the relevant authorities to investigate and take action. Conditional Selling I went to this Chinese Shop located in Nadawa to buy butter but was told that I could not buy the butter if I did not buy the bread. Anonymous, Nadawa Council says: Thank you for raising this issue with the Council. This is conditional selling in which traders who do this to their customers are in breach of the Commerce Commission Decree. This has been referred to the Fiji Commerce Commission for further action. Failing to Supply as demanded On 2nd November 2011, I went to a fabric shop to purchase some fabric. I had wanted to buy 3 meters but because only 4 meters of material was left in the bale I was told that I couldnt purchase the 3 meters. I complained to the Supervisor that I only wanted 3 meters and not 4 meters but she told me that I could purchase the 4m at the price of 3.5m. She told me that they werent forcing me to buy the material and I told her that I wanted only 3m of the material and that there is no law saying that one cannot purchase a material without buying the left over. This is not the first time that it has happened to me. Titilia Moceacagi, Nepani Nasinu Council Says: The practice is unethical and unfair to the customers and is a direct breach of the Commerce Commission Decree. The Council has warned the trader to refrain from engaging in such practice immediately and will be placing the store under surveillance to ensure that consumers will no longer be put through such practice. Pre-disclosure of Warranty Terms and Conditions of Hire Purchase. I purchased a phone from a hire purchase company. I read the terms and condition under warranty. After a month, I started having problems with my phone. I asked the hire purchase company to give me a replacement but they refused to give me a new phone, telling me that I have a liquid damage. Mr Prasad , Suva Council says: Hire purchase companies must ensure that they fully pre disclose the terms and conditions of warranty in a clear and readable manner. The customer must be told what part of an item is warrantable and what is not. The customer must be told what physical damage is and what liquid damage is. There has to be a total pre disclosure of information on the part of the hire purchase companies.

SUBMISSIONS
FIJI NATIONAL PROVIDENT FUND Proposed changes to pension policy In this submission the Council objected to the downward review of the FNPF pension rate as it is unfair and breaches the contract between members and the fund. Pensioners make their pension optional with the FNPF on the explicit understanding that there would be no changes to the pension nor would it be revoked. MINISTRY OF FINANCE 2012 National Budget The Councils annual submission on the National Budget requested the Government to consider measures to relieve consumer hardships for its upcoming 2012 Budget. The Council highlighted the rising cost of living based on its regular supermarket price survey, changes in fuel prices, increase in electricity tariffs and so forth. MINISTRY OF HEALTH Draft Restaurant Grading Regulations 2011 Submission on Food Establishment (Grading) Regulations 2011 requested consideration by the Ministry of Health on issues raised by the Council to strengthen the regulations. The Council made its submission on the draft regulation calling for the strengthening of the enforcement and penalties provisions, in the regulations.

14 | Consumer WATCH December 2011

HOLDING BROADBAND SERVICE PROVIDERS TO ACCOUNT

INTERNATIONAL NEWS

HOLDING BROADBAND SERVICE PROVIDERS TO ACCOUNT

of disclosure on prices and terms and conditions, high start-up costs, exorbitant price of software, and lack of customer care. In July this year consumers and even businesses became victims of irresponsible behavior by FINTEL and Telecom Fiji when there was Internet blackout. It is important to note that despite advances in information communication technologies (ICTss), Fiji consumers continue to face these kinds of problems. Apart from ensuring communication and the relaying of important information, the Internet has become an essential tool for services like printing of birth certificates, banking, bill payments, etc. So the importance of a robust Internet service sector cannot be understated. One aspect of the campaign involves an online consumer survey. This is available on http://a2knetwork.org/surveys The Council is urging Fiji consumers to take this opportunity to air their views by participating in this survey. We urge consumers, even those who do not directly subscribe to Internet services but use it via their workplace, school/university, internet cafes and other avenues, to do the survey. The more consumers participate in the survey, the better it will be for the Consumer Council and the international consumer movement to lobby and advocate for better services, prices and competition. Apart from the survey, other research activities will be undertaken, such as interviews or focus groups, desk research involving analysis of complaints data and other base evidence; and a survey of CI members in regards to laws, regulations, level of compliance and consumer redress in their respective countries that bear on broadband issues for consumers.

THE Consumer Council of Fiji is participating in a new campaign led by Consumers International (CI) on consumer issues surrounding broadband Internet services. CI has commenced the campaign of research-based advocacy titled Holding Broadband Service Providers to Account. The research and campaign will end in early 2012. It involves research and advocacy to bring to the fore pressing consumer issues around broadband Internet. Holding Broadband Services Providers to account is part of the global consumer movements bigger campaign titled Access to Knowledge (A2K). The campaign aims to empower consumer organisations around the world to demand more equitable and accessible broadband service offerings, respecting consumers rights and broader human rights, as a necessary condition of achieving a socially-inclusive information society. Internet access has become fundamental to the lives of todays consumers, and will only continue to become more important in developed and developing countries alike. The Consumer Councils participation in the campaign comes at a crucial time when consumers in Fiji are facing a multitude issues in the provision of Internet services. Apart from complaints on connectivity, consumers in Fiji also face problems in regards to misleading advertisements, lack

FAT TAX TALK

A couple of months ago, we heard of fat tax concept and it certainly was news for consumers. Fat tax is a surcharge on foods that are high in fat. Denmark was the first to introduce this with the hope that the new tax will help limit the populations intake of fatty foods. Butter, milk, cheese, pizza, meat, oil and processed foods are now subject to the tax in Denmark if they contain more than 2.3% fat. The idea has been highlighted in Fiji as the health Ministry made official statements in support of fat tax concept in an effort to fight non-communicable diseases. The Consumer Council is in support of the fat tax concept provided it comes with user pay principle. This is where those who wish to consume fatty food shall pay the tax attached to the food item rather than putting the tax across the general population to pay regardless of whether you buy fatty food or not. The user pay principle is a fair and just way of collecting fat tax as some consumers would still be adamant on purchasing fatty foods despite several reminders of its negative effects on health.

December 2011 Consumer WATCH | 15

WHAT TO LOOK FORWARD TO IN 2012

Dollar and Sense TV Program-the Council in conjunction with Fiji TV will be broadcasting a half an hour TV Show educating consumers of their rights, responsibilities and highlighting real life situations where they have been duped by traders. The Ministry of Trade and Industry with the Councils assistance will organize and host the International Standards Organization Committee on Consumer Policy (COPOLCO) meeting in may next year. The Council will also organize a similar regional meeting for Pacific Island Countries The Council will marke World Consumer Rights Day in March next year, with an appropriate theme The Council will launch a Read Before You Sign campaign in an effort to educate consumers to thoroughly read before they enter into any contract The Council will carry out a major campaign on vehicle spare parts and its usage The Council is also preparing to investigate and explore the gold jewelry market for any unfair practices that need to be highlighted

Seasons Greeting to all consumers from all of us here at the Council

About the Council

The Consumer Council of Fiji (CCF) is an independent statutory body established under the Consumer Council of Fiji Act -1976 (Cap 235). The Council, as a watchdog protects the rights and interests of consumers by promoting a fair and just delivery of goods and services. First and foremost the Consumer Council is an advocacy organisation, conducting rigorous research and policy analysis on key 2011 Consumer Council of Fiji Staff consumer issues. CCFs insight into consumer need is a powerful tool for influencing decision-makers to bring about change. The Council protects the vulnerable groups such as rural poor, physically and mentally challenged, children and women, by identifying and articulating the policy issues that are of importance to the consumers. Members of the Council are appointed by the Minister for Industry and Trade for a term or terms as the Minister may determine. The Chairperson of the Council reports to the Minister. The Board of Directors appoint the Chief Executive Officer/Executive Secretary to lead and manage the Council affairs within the legal framework and by maintaining high ethical standards. From corporate governance perspective, a Board Charter is in place that sets the rules and procedures within which the Board functions.

Your 8 cons
The right to safety

umer rights
The right to The right to consumer education The right to a healthy envi ro The right to redress

CONTACTS OF CONSUMER COUNCIL OFFICES

Suva Office (HQ) Address: Mings Building 4 Carnavon Street Private Mail Bag SUVA Telephone (679) 3300792 (679) 3310183 (679) 3305864 Fax: (679) 3300115 Lautoka Office Address: Suite 4, Popular Building Vidilo Street PO Box 5396 LAUTOKA Telephone (679) 6664987 Mobile: 926 2807 Fax: (679) 8812559 Labasa Office Address: Level 1 Raza Properties, Nasekula Road, P.O.Box 64 LABASA Telephone (679) 8812559

The right to be informed The right to choose

The right to be heard

nment

service

16 | Consumer WATCHFax: (679) 6652846 December 2011