FAIR RESULT FOR RIPPED-OFF CONSUMER

A New South Wales company has been fined $6000 and ordered to pay $4300 restitution to a Gympie consumer after being prosecuted for breaking Queensland’s fair trading laws.

Fair Trading Minister Margaret Keech said Ozkote Pty Ltd (Ozkote), of Parramatta, was found guilty in the Gympie Magistrates Court (November 16) of breaching the door-to-door and other provisions of the Fair Trading Act.

“The court also ordered Ozkote pay retribution of $4300 to the consumer they ripped off and awarded the driveway coating materials that had been delivered over 12 months ago to the consumer who made the complaint,” Mrs Keech said.

“Ozkote took payment for a job they never did and failed to provide a 10-day cooling-off period.”

Ozkote did not attend the hearing.

Fair Trading alleged three breaches of the Fair Trading Act:

• the Ozkote contract claimed it was governed by the law of a place other than Queensland;
• the contract failed to state that a 10-day cooling-off period applied and Ozkote did not present the consumer with notices explaining the right to cancel before the cooling-off period ends; and
• Ozkote accepted money before the end of the 10-day cooling-off period.

“The Act clearly states that traders selling door-to-door, who arrive uninvited, must provide a mandatory cooling-off period of 10 business days if the goods or service is valued at more than $75,” Mrs Keech said.

“They are also required to furnish two notices explaining the consumer’s right to cancel before the cooling-off period ends.

“Ozkote claimed their contract referred to laws outside of Queensland in an attempt to force the consumer to push on with the contract.”

Mrs Keech said consumers need to be aware of their rights.

“Fortunately in this instance the consumer realised they were being taken for a ride and sought legal advice which resulted in the complaint to the Office of Fair Trading,” she said.

“We encourage companies to expand their businesses into Queensland, but they need to remember that if the laws in Queensland do differ, they must be obeyed.

“The Office of Fair Trading is committed to protecting consumer’s rights and bringing traders who break the law to justice.”

For more information on door-to-door trading in Queensland or to lodge a complaint, visit the Office of Fair Trading website at www.fairtrading.qld.gov.au.

Inquiries: David Smith 3225 1005 / 0409 496 534 or Julie Struber 3119 0066