Issue Date:  -  Friday, 27 June 2003

Vehicle repairer fined for misleading conduct

(David John Abbott T/as Suzi Care)

David John Abbott (48) of Ballajura has been convicted in the District Court for breaching the Fair Trading Act when he misrepresented facts about a motorist's right to expect repairs to his vehicle to be performed with due skill and care.

Mr Abbott who represented himself at the trial was fined $500.

In mid 2000 a consumer had taken his vehicle to Mr Abbott's business Suzi Care of Morley for repairs and noted that the problem still existed.

The consumer returned the vehicle to Suzi Care and upon collection Mr Abbott offered a discount on the invoice provided he signed an indemnity and discharge contract.

The consumer claimed that Mr Abbott had told him that as a consumer he was `stuffed' if the vehicle still had problems.

"Traders who mislead consumers about their rights to repairs or refunds violate consumer protection laws and can expect to be prosecuted", Consumer Protection Commissioner Patrick Walker said.

"Mr Abbott was found to have deliberately excluded the consumers right to redress at law when he had him sign the indemnity and discharge document.

"Services such as mechanical repairs must be provided with due care and skill whilst parts and products must be of merchantable quality and fit for their intended purpose.

"It is important that consumers are protected and able to enforce their rights. In this instance Consumer Protection saw that the trader had deliberately eliminated the consumers right to claim redress.

"This prosecution sends a strong message to the community as a whole that statutory rights can not be diminished by way of dubious contracts", Mr Walker said.

Consumers who may experience problems with mechanical repairers can contact Consumer Protection on telephone 1 300 30 40 54 for assistance.