Sunday 5 May 2024
The Court of First Instance in Sohar issued a judicial ruling convicting the representative of an establishment working in the contracting, building materials and decoration works sector for committing the misdemeanor of failure to provide the service to the consumer properly, and in accordance with its nature. The court ruled for conviction, compensation, and a fine.
The consumer had filed a complaint with the General Directorate of Consumer Protection in Sohar, stating that they had entered into an agreement with the establishment to build the front structure of their house according to specific specifications and conditions mentioned in the building plan. Despite paying OMR4617, the establishment failed to complete the agreed work and caused a delay of approximately 3 months. The consumer escalated the complaint to management, which made multiple attempts to contact the establishment and urge them to complete the construction. However, the establishment did not fulfill its obligations, thus committing the misdemeanor of failure to provide the service properly. This means that it committed the misdemeanor of failure to provide the service properly as stated in Article 23 And Article 39 / of the Consumer Protection Law 66/2014, which stipulates that (The provider shall provide the service to the consumer in an optimal manner and in accordance with the purpose for which the service was procured and shall guarantee the service provided for a time interval that is appropriate for the nature of the service, failing this, the provider shall refund the value of such service or the amount compensating for any shortfall therein or in the perform the service again in the optimal manner as contemplated under the Regulations.”
The complaint file was then forwarded to the Public Prosecution, which decided to refer it to the competent court. The court reviewed the case and convicted the representative of the establishment. As part of the ruling, the representative was obligated to reimburse the plaintiff with the amount of OMR4617, pay OMR300 as compensation, and cover the fees and expenses associated with the legal proceedings.