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Unfair practices, cover conducts such as:
a)
Deceiving or misleading consumers; e.g. hidden fees and surcharges, manipulation of measurement units, using
small print to conceal terms and conditions in giving discount etc.
b)
Making false claims; e.g. claiming a second hand good as a new/ unused, advertisements which create a false or misleading impression about the quality of a product/service..
c)
Taking advantage of vulnerable consumers: e.g. selling products to sick or elderly claiming health benefits of a therapeutic
device but has no evidence that such benefits can be attained. |
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2 |
Who does the Order apply to? |
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The Order shall apply to:
a)
The business or consumer residing in Negara Brunei Darussalam; or
b)
Consumer transaction that is made in or sent from Negara Brunei Darussalam .
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3
| Does it cover online businesses? |
| | Yes, it covers registered businesses. However, consumers are advised to be cautious when dealing with informal sellers, especially those advertised through social media platforms.
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4
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Who is a consumer? |
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According to the Consumer Protection (Fair Trading) Order, 2011, a consumer is a person who purchases the goods/services for personal consumption and not for commercial purposes. For example, a restaurateur buying goods for his restaurant, would not be classified as “consumer” under the CPFTO.
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| 5 | Who can lodge a complaint? |
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A consumer who is aware of a business engaging in unfair practices or has entered into a consumer transaction involving an unfair practice by a business may lodge a complaint to the DCA.
Complaints received that are outside the scope of unfair practices will be advised to lodge complaint directly to the relevant sector regulators. For example, complaints on telecommunication billing issues can be lodged to the AiTi.
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6 |
Is there any time limit to lodge my complaint? |
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Your complaint must be made no later than 2 years from the occurrence of the unfair practice or from the time the unfair practice was discovered by the consumer.
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7 |
Do all consumer transactions fall within the scope of CPFTO? |
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Not all consumer transactions fall within the jurisdiction of CPFTO. CPFTO excludes the following transactions:
a) Purchase of estate or other immovable property;
b)
Service provided under a contract of employment; and
c)
Any transaction or activity that is already under the
scope of other regulations or regulatory agencies in Brunei. For
example: |
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8 |
How can CPFTO help consumers? |
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A consumer who has entered a consumer transaction involving an unfair practice has the right to seek civil action and to seek relief through the Small Claims Tribunal against the seller to:
• Compensate consumer’s money.
• Reimburse for any loss or damage suffered by a consumer
• Carry out a specific performance
• Repair of goods or provide parts of goods
• Vary the contract between seller and consumer
Small Claim Tribunal can be reached through
judiciary.gov.bn or 2232979.
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9 |
Is there any limit on the amount of claim under the Order? |
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Yes, the amount of claim shall not exceed BND $10,000.
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