Kwacha Industries and Hardware Limited fined for Unfair Trading Practices

2021-04-28

A 0.5 percent fine has been imposed on Kwacha Industries and Hardware Limited by the Competition and Consumer Protection Commission (CCPC) Board of Commissioners for engaging in unfair trading practices.

This follows a complaint that was lodged before the Competition and Consumer Protection Commission in which the complainant Mr. Liyungu Muyunda alleged that Kwacha Industries and Hardware Limited failed to deliver roofing materials as per agreed terms and conditions.

Facts of the matter were that the Complainant made a payment of K4, 200.00 between 10th and 24th December 2019 to Kwacha Industries and Hardware Limited for roofing materials worth K20, 820.00 on hire purchase. He was further assured at the time of purchase that the materials would be delivered upon payment of the K4, 200.00. 

However, despite paying the agreed down payment of K K4, 200.00. the materials were not delivered and his demands for the K4, 200.00. refund was ignored. Investigation findings by the Commission revealed that Kwacha Industries and Hardware Limited did fail to deliver roofing materials to Mr. Liyungu Muyunda contrary to the agreed period. 

As such, the Board of Commissioners has directed Kwacha Industries and Hardware Limited to refund Mr. Liyungu Muyunda a sum of K4, 200 within ten (10) days of receipt of the Board Decision in accordance with Section 5(d) and for breach of Section 49(5) of the Competition and Consumer Protection Act No. 24 of 2010 respectively.

Further, the Board has directed Kwacha Industries and Hardware Limited to submit their latest annual books of accounts to the Commission for calculation of the actual fine within thirty (30) days of receipt of the Board Decision.The decision to fine Kwacha Industries and Hardware Limited was made during the 48th Board of Commissioners for the adjudication of cases held in Lusaka.

Namukolo M. Kasumpa

Namukolo M. Kasumpa