The Georgian Competition and Consumer Agency (GCCA) has established the existence of unfair commercial practices by Individual Entrepreneur Nikloz Chakhaïa, operating under the trade name "Kheiri Nakhe", following a formal examination of complaints submitted by 22 consumers.
A comprehensive review of the circumstances set out in the complaints of the consumers involved in the proceedings established that the trader had systematically failed to deliver goods within the timeframes agreed at the point of purchase and had unreasonably delayed the reimbursement of payments to consumers in cases of order cancellation.
The examination further identified a violation in respect of the obligation to deliver goods in accordance with the terms stipulated under the contract. In light of the foregoing, the Agency determined that the trader's conduct constituted misleading commercial practices by act, in contravention of the principles of fair trading and materially prejudicial to the collective interests of consumers.
By decision of the Agency, and for the purpose of eliminating the established infringement, the trader has been ordered to restore the infringed consumer rights and bring its commercial policy into full compliance with the requirements of applicable legislation within a period of one month.
Under Georgian legislation, 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.
