The Georgian Competition and Consumer Agency (GCCA) has found that “Alta Retail“ LLC infringed the Law of Georgia on the Protection of Consumer Rights.
The case was initiated following a number of complaints submitted to the Agency concerning defective products purchased from the trader, in circumstances where the trader refused to acknowledge and address consumers’ claims.
In the course of the proceedings, the Agency carried out an independent assessment of the actual condition of a product purchased by one of the complainants. On that basis, the GCCA rejected the technical report submitted by the trader, which concluded that the product was free of defects.
Furthermore, in another case assessed as part of the same decision, the consumer submitted an independent expert opinion. A comparative assessment of the evidence provided by the parties established that the diagnostic methods used by the trader’s service centre were not capable of reliably identifying the defect. As a result, the consumer was effectively deprived of the possibility to exercise the remedies provided under the applicable legislation.
Under the Law of Georgia on the Protection of Consumer Rights, a trader may refuse a consumer’s request for repair, replacement or withdrawal from the contract only where it demonstrates, on the basis of objective, reliable and comprehensive diagnostic methods, that the product is free from defects and was in conformity with the contract at the time of delivery.
The Agency established that the technical report provided by “Alta Retail” LLC failed to meet the required standard of proof and did not credibly demonstrate the absence of a defect. Accordingly, the trader was found to have breached its obligation to supply goods in conformity with the contract.
“Alta Retail” LLC has been instructed to restore the infringed consumer rights within one month and to align its commercial practices with the applicable legal framework.
In cases of non-compliance or inadequate implementation of the GCCA’s decision within the prescribed timeframe, a fine may be imposed, not exceeding 2% of the trader’s annual turnover for the preceding financial year. The imposition of a fine does not release the trader from the obligation to comply with the Agency’s decision, and any repeated violation within 12 months will result in the fine being doubled. The Agency’s decision may be appealed in the court. The imposition of a fine does not exempt the trader from its obligation to comply with the decision.
