Historic Whopping JAD7.587 Million Awarded By CAC To Consumer

The award of JAD7.587 millions given by the Consumer Affairs Commission(CAC) Consumer Protection  Tribunal (CPT), is the highest amount awarded to a consumer by the CPT. Consumers oftentimes complain that they do not have an organization to defend then. This is not so, because you have the National Consumer's League(NCL), the Consumer Affairs Commission, and of course I play my part as a Consumer Advocate and a Broadcaster on Nationwide Radio. I should point out that I am a Commissioner at the CAC and both the CAC and the NCL have been very supportive of the work that I do. Let me point out that the NCL needs more support from consumers.

Sashay-Gaye Russell
Legal Officer

This is an exciting story for consumers about a consumer who purchased a car and he was told that the car was in good condition. Ms. Sacha-Gaye Russell, Legal Officer at the Consumer Affairs Commission said, “The award was made as a result of the consumer entering into a contract with a used car dealership to purchase a vehicle for the sum $5.4 Million”. Ms. Russell noted that numerous issues occurred after the purchase, which led the consumer to seek the assessment services of a motor loss adjusting and motor appraisal company. The loss adjustors concluded that the vehicle had met in a heavy collision in Japan, and sections of the vehicle were evidently refinished. The consumer was also informed that there was an issue with the odometer reading, and that Data Trouble Codes were observed in the vehicles fault memory.

The consumer placed the matter before the Tribunal on August 19, 2020, and the ruling of the Tribunal was given on October 22, 2021. The Tribunal held that certain sections of the Consumer Protection Act were breached - Section 23 (damaged goods sold to consumer) Section 24 (return of defective goods) and Section 30 (false or misleading representation).

The award given is broken down as shown below:

• Purchase price - $5,400,000.00.
• Loss of use for 846 days at $2,500.00 per day -  $2,115,000.00.
• Valuation cost and storage fees - $62,500.00.
• Wrecker fee - $9,500.00.       

It is possible under the law for the vendor to apply to the Supreme Court for a judicial review of the Tribunal’s decision. If the vendor is successful, the decision may be overturned. If the vendor is unsuccessful the Tribunal order/decision will stand. 

Dolcie Allen
CEO

Mrs. Dolsie Allen, Chief Executive Officer at the Consumer Affairs Commission said, “The right for effective redress is one of the most fundamental consumer rights. Quite often, consumers make high value purchases like motor vehicles and think that there is no redress when something goes wrong. However, the CAC believes in value for money and in this instance we are satisfied that the ruling has enabled the consumer to get back their hard earned money”.

The Consumer Affairs Organization over the years has been one of those organization which gets a small budget to carry out it's programme but it has used the media and it's staff members to reach our consumers and to educate them about their rights. It is clear that more consumers are learning about their rights and they know that the CAC is there to assist them in ensuring that they are treated fairly. The organization, while using the personal touch to reach consumers and to get their complaints, is now putting greater emphasis on using the technology to get a fair deal for consumers. The organization not only uses the traditional media to educate consumers but is also making the best use of the technology to reach especially the younger generation.