WA trader found guilty of unfounded product claims
Issue Date: - Tuesday, 10 November 2009
A WA trader has been found guilty of promising to supply air conditioning units which would be able to heat homes as well as cool them when he had no means to deliver as promised, in a case brought against him by the Commissioner for Consumer Protection.
Perth Magistrates Court heard that Alywn Robert Healy, the sole proprietor of “Aircon Factory Direct”, had represented to two separate customers, between December 2007 and February 2008 that the air-conditioning units he was quoting for could heat as well as cool homes.
Magistrate Tarr found that Healy did not have reasonable grounds for believing that he could supply the heating components as promised.
Once installed, at a cost of $6,000 in the first case and $6,200 in the second, the homeowners discovered that the appliances could not heat their homes as represented.
The Fair Trading Act 1987 states that traders must not make a representation that goods have a use which they do not have.
The Magistrate dismissed as “not credible” Healy’s claim that he was unaware that the installations were not complete.
Healy was found guilty on two counts and acquitted of a third charge.
He is due to be sentenced on 7 December 2009 and the Magistrate has given him the opportunity, between now and that date, to complete the installation of the systems, so that they heat the consumers' homes as well as cool them.
END OF RELEASE
(Consumer Protection is a division of the Department of Commerce)
Media Contact:Alina Cavanagh 9282 0679 or 0423-846397 alina.cavanagh@commerce.wa.gov.au