Region Three businesses resist CCAC INSPECTION

Mar 31, 2019 News

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The Competition and Consumers Affairs Commission has just began its promised countrywide business inspection, and findings are that an extremely high percentage of business are actually ignorant of the legislative consumer laws.
This is according to CCAC’s Field Inspector, David Caladin, in an interview yesterday. The inspector who is at present with a team conducting a massive exercise in Kwakwani, Berbice, indicated that that inspections completed in different locations has brought to light the fact that businesses in Guyana are very ignorant of consumer laws and policies.
While the inspection has revealed that businesses countrywide are ignorant of consumer laws and CCAC legislation, Caladin seemed infuriated that the organisation has met with much resistance from businesses in the West Demerara District, as it attempted to enforce consumer laws and policies.
He further stated that such businesses will be dealt with severely, if they continue to go against efforts by the CCAC to straighten out things as the policies would dictate. The Kwakwani, Berbice, inspections began on Wednesday last and Caladin has informed that to date, the Commission has completed inspections on 25 of the 60 businesses, and none so far has been adhering to consumers laws.
Businesses are mandated by law under the Consumer Act # 13/2011, and the CCAC is presently staging inspection campaigns to ensure entities are in compliance with laws stipulated in the Consumer Affairs Act.
Those found in direct violation of such laws will be issued with a ‘Non- Conformity Certificate’, and given, and given two months to rectify their operations. Failure to do so can result in the CCAC taking legal action against offenders.
Businesses are given a second change to get their act together after the two months period and will face sanctions if they are still in defiance of consumer laws, when a second inspection is staged.
The Competition and Consumer Affairs Commission (CCAC) is also urging consumers to report service providers and businesses that provide inferior products and poor quality services to their website.
The CCAC had made this address at the official launch of their website (www.ccac.gov.gy) held at Herdmanston Lodge, Queenstown not so long ago.
The website is accessible to members of the public to get relevant information from the Consumers Affair Unit and the Competition Policy Unit.
Officers of the Commission will be conducting these exercises and will be attired with proper identification of the Commission. Businesses in compliance will be issued with a conformity document and those not in compliance will be issued with a non-conformity document detailing areas breached and to be corrected.
Procedures will be followed to ensure conformity of non-compliant businesses.

BUSINESS COMPLIANCE INSPECTION EXERCISES
The objective of the Competition and Consumer Affairs Commission (CCAC) is to promote and protect consumer interests in relation to the supply of goods and services.
The (CCAC) is mandated to Administer and Enforce the provisions of the Consumer Affairs Act # 13 0f 2011 (CAA) and the Competition and Fair Trading Act #11 of 2006.
In the exercise of its functions the CCAC is conducting Random Business Compliance- Inspection exercises countrywide. For the purpose of the exercise businesses are therefore urged to be in Compliance with the provisions of the CAA, Part IV –DUTIES OF THE SUPPLIER. Provisions to be examined include:

SECTION #15 (INFORMATION TO CONSUMER)
This dictates that a consumer should be furnished with all the relevant information about a product or service before the purchase is made.

SECTION # 16 (MEASUREMENT OF GOODS)
This section talks about Quantity of goods purported to be sold should correspond to the weights and prices charged and the correct measuring devices should be used.

SECTION #17 (PRICES & FEES)
Displayed prices or fees shall be current and shall state the amount of taxes and related charges separately from the cost of the goods or services

SECTION #18 (RECEIPT)
This demands that when a supplier sells goods or services to a consumer, the supplier shall give to the consumer a receipt setting out –
-(a) the purchase price and value added tax separately as paid by the consumer;
-(b) the date on which the purchase is made;
-(c) a description of the goods sold or services provided; and
-(d) any other information as may be prescribed.
– The receipt should be legible for up to one year

SECTION #19 (WARRANTIES)
According to this section of the consumer legislation a supplier shall issue a standard and explicit warranty in relation to goods sold or services provided to a consumer.
– Subject to subsection (6), where a manufacturer’s warranty is attached to goods sold or goods provided in the course of a service, the supplier of the goods or service-
– (a) shall be deemed to have issued that manufacturer’s warranty as an explicit warranty by the supplier to the consumer

SECTION #21 (RETURN OF GOODS)
– All businesses must ensure Return policies should be in accordance with CAA. Consumers have up to 7 days to make the return (subject to CAA conditions) and suppliers can charge up to 10% as a restocking fee. The information printed on the warranty and receipt documents should reflect this also.

SECTION #22 (RETURN OF DEFECTIVE GOODS)
– The Policies of return of defective products or unsatisfactory services should be in accordance with the CAA and should be correctly reflected on any warranty document.

SECTION #24 (NOTICES ON RETURN OF GOODS)
A supplier shall not post notices stating –
– (a) that goods are not returnable;
– (b) that no refunds will be given for goods returned; or
– (c) Any notices to the effect of paragraphs (a) and (b).

SECTION #28 (LAY AWAY PURCHASE SALE)
– Layaway purchase cancellations by the consumer entitle the supplier to retain 25% of the down payment. This would not apply if the supplier cancels the agreement.

 

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