Tuesday 22 October 2024
A court ruling orders the representative of an establishment in North Batinah to pay more than OMR12,000 and one month imprisonment together with a fine
The Court of First Instance in the Wilayat of Sohar recently convicted the representative of an establishment operating in the contracting, building materials, and decoration sector for the misdemeanor of failing to provide services to a consumer within the agreed-upon timeframe. The court sentenced the representative to one month in prison, imposed a fine, and ordered the return of the outstanding amount for incomplete work—totaling OMR 13,225—along with additional compensation.
The case originated when a consumer lodged a complaint with the General Directorate of Consumer Protection in North Batinah Governorate, Sohar. The complaint was against a contracting and decoration company, with whom the consumer had contracted to build certain parts of his home in accordance with the agreed specifications and conditions outlined in the construction drawings. The contract specified a completion date, but despite the consumer paying the full amount of OMR 21,000, the company failed to complete the work on time.
Repeated attempts by the consumer to contact the establishment and request completion of the work were met with no satisfactory response. This led the consumer to file a formal complaint with the Directorate of Consumer Protection.
In line with standard procedures, the Directorate engaged both parties in discussions, resulting in an amicable settlement where the company agreed to refund OMR 10,750, representing the remaining value of the unfinished work. However, the establishment failed to comply with the terms of the settlement, resulting in further action.
The establishment's actions violated Article 23 of the Consumer Protection Law, as issued by Royal Decree No. 66/2014. The law stipulates that service providers must deliver services in a proper manner and in accordance with the agreed terms. In cases of non-compliance, providers are obligated to refund the value of the deficient service or rectify the deficiency in accordance with the Executive Regulation.
As a result of the violation, the case was escalated to the Public Prosecution, which referred it to the competent court. The Court handed down a sentence of one month in prison and a fine of OMR 500 for the establishment’s representative. Additionally, the court ordered the establishment to return OMR 10,725 to the consumer for the incomplete work and to pay OMR 2,000 in compensation.
These judicial rulings underscore the pivotal role played by the Consumer Protection Authority (CPA) in safeguarding consumer rights and holding those who violate consumer protection laws accountable. The case serves as a clear message that non-compliance with consumer protection regulations will not be tolerated.