The Consumers Association of Singapore
(CASE) is a non-profit, non-governmental organisation that is committed
towards protecting consumers interest through information and education,
and promoting an environment of fair and ethical trade practices. One
of our key achievements is in advocating for the Consumer Protection
(Fair Trading) Act (CPFTA) which came into effect on March 1, 2004.
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CONSUMER GUIDES | STATISTICS
CASE STATISTICS RELEASED FOR THE YEAR 2016
The Association had received a total of 19,102 complaints for the year 2016. Out of 19,102 complaints, CASE has taken up 1,763 cases in the year 2016.
TOP 10 CATEGORIES
The chart below shows the Top 10 categories
CASE MEDIATION
Since the inception of our mediation
centre in 1999 and as part of its process, CASE has arranged for
mediation between disputed parties.
There were 133 cases resolved in the year 2016. This accounts to a 70.74% resolve rate.
CONSUMER PROTECTION (FAIR TRADING) ACT 2003 ("THE ACT")
This Act provides the legislative
framework to allow consumers aggrieved by unfair practices to have
recourse to civil remedies before the courts. It also provides for a
cooling-off period for direct sales and timeshare contracts, and allows
specified bodies to enter voluntary compliance agreements with, or apply
for injunction orders against errant traders - Ministry of Trade and
Industry, Singapore.
On doing a year to year comparison, the
number reported breaches of the Act by consumer are as presented in
Table 2 below:
Disputes received under the Act (Filed)
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Year
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Disputes received under the Act
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2015
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1,175
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2016
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978
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The Top 3 industries, whose business
practices or products are reportedly suppose to have breached the Act,
are presented in Table 3:
Top 3 industries that have been breaching the Act in 2016 (Filed)
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Ranking
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Industry
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1
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Motorcars
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2
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Beauty
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3
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Electrical and Electronics
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Top 3 industries that have been breaching the Act in 2016 (Assisted)
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Ranking
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Industry
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1
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Motorcars
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2
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Handphones
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3
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Contractors
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VOLUNTARY COMPLIANCE AGREEMENT ("VCA") / INJUNCTION
Voluntary Compliance Agreement is a
voluntary document signed by a business whereby the business admits to
committing unfair practices under the Consumer Protection (Fair Trading)
Act and promised not to commit further unfair practices. Should the
business commits further unfair practices, CASE may take out an
injunction/declaration proceedings against the business. Injunction
proceeding is to stop the business from further carrying out the unfair
business practices.
Table 4 below presents the number of
VCAs that have been voluntarily signed by businesses since 1 March 2004
to 31 December 2016. Table 5 presents the injunction/declaration
proceedings that have been taken against the businesses in the same
period.
VCAs that have been voluntarily signed by businesses
(1 March 2004 - 31 December 2016)
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Total
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Consolidated VCA and Undertakings
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21
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Injunction/Declaration Proceedings that have been taken out against businesses
(1 March 2004 - 31 December 2016)
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Total
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Injunction/Declaration Proceedings
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6
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List of companies that CASE have taken out Injunction / Declaration Proceedings
- Orion’s Belt Network Pte Ltd
- Global Europ (Asia) Pte Ltd
- Naughty By Nature Pte Ltd
- Garraway Enterprises Limited Singapore Branch
- Concord Developments Pte Ltd
- Mr Chiok Wee Juo Trading As Olena, Bez Gallery and The Exquisite Promenade
Pending Declaration/Injunction Proceedings as of 31 Dec 2016
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Total
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Pending Declaration/Injunction Proceedings
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0
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List of companies that is pending Declaration / Injunction Proceedings
NIL
Company Alert List -
C
Contractors (Renovation and Interior Design)
+
E
E-Commerce
+
Educational
+
H
Hair, Beauty, Slimming and/or Wellness
+
M
Motor Vehicles and Services
+
R
Retail
(Excluding Clothing & Apparels, Services, Electronics and Travel
Agencies)
+
T
Timeshare
+
Case Studies For August 2017
Case Study #1
In October 2016, Mdm Lim* bought an air-conditioner
unit at $3,300, which included transport and installation of the unit at
her residence. Shortly after the installation, the air-conditioner
broke down multiple times. The company sent a technician to repair the
air-conditioning unit, but to no avail. Mdm Lim was then given a verbal
promise by the company to return the defective air-conditioner for a
full refund. However, three months passed and there was no further
action taken by the company. Mdm Lim thus approached CASE and requested
assistance to expeditiously resolve the matter.
CASE highlighted Section 12A Lemon Law – Defection
Goods of the Consumer Protection (Fair Trading) Act to the company.
Under the Lemon Law, businesses are obliged to repair or replace a
defective good. If this is not possible, businesses can provide a refund
or reduction in price of the defective good. The company eventually
sent a technician to uninstall the air-conditioner and refunded Mdm Lim
in full.
Case Study #2
In January 2016, Mr Chen* paid $1,040 for round trip
air tickets for three people to China on 10 March. Three days later, he
called the airline and requested to change the flight date to 11 March
instead. He obtained verbal confirmation over the phone that all three
tickets were settled and paid the necessary administrative fees for the
change in the flight date. On 11 March, Mr Chen found out that only one
air ticket was confirmed when he attempted to check-in for the flight.
Thus, he had to pay $420 for two air tickets to China on the same
flight. Mr Chen requested for a reimbursement of the additional charges
incurred.
Under Section 4(b) of the Consumer Protection (Fair
Trading) Act, it is an unfair practice to make false claims in relation
to a consumer transaction. CASE negotiated with the airline and the
airline agreed to waive the $420 paid for the new flight arrangements.
Case Study #3
In September 2016, Ms Teng* visited a beauty salon
for mole removal services. The beautician informed her that she would
need to pay $10 to remove each mole. Subsequently, four moles were
removed from her skin. After the mole removal was completed, the
beautician applied some liquid solution on the consumer’s skin and
informed her that the bill was $128 in total. Ms Teng disagreed as she
was not informed that she would need to pay for the solution, which
would supposedly aid the skin in healing without scarring. Furthermore,
the bottle of solution had no brand, origin or ingredients stated on the
bottle. Thus, Ms Teng asked for a refund of $88.
CASE highlighted to the beauty salon that it was an
unfair practice under the CPFTA to omit to do or say anything, if as a
result, the consumer might reasonably be deceived or misled. The salon
eventually agreed to refund $88 to Ms Teng.
Case Study #4
In November 2016, Mr Lum* applied for a credit card
from a bank through their website as he would be entitled to a free
limited edition watch worth $150 if he used the card within three days
of the application. He was informed that the credit card would be
delivered to him within 24 hours. However, Mr Lum failed to receive the
card after 24 hours had passed. He called the bank to enquire on the
status of the delivery. The bank informed him that the card had already
been sent out. Two days later, the bank called Mr Lum again and
clarified that the reason behind the delayed delivery was that they had
forgotten to put his house unit number on the letter. Due to the delay
in delivery, Mr Lum could not use the credit card and thus missed out on
the limited edition watch promotion.
CASE contacted the bank on behalf of Mr Lum. After
some negotiation, Mr Lum was able to receive the limited edition watch
and $30 shopping mall vouchers from the bank.
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*Please note that surnames have been changed to ensure the privacy of the consumers.
Should you find yourself in a similar
situation, please do not hesitate to seek assistance from CASE. For
general enquiries, you can call our hotline at 6100 0315 between 9am and
5pm from Mondays to Fridays and between 9am and 12pm on Saturdays. For
an in-depth consultation with our officers, please visit us at 170 Ghim
Moh Road, #05-01 Ulu Pandan Community Building, between 9am and 4pm from
Mondays to Saturdays. You can also file a complaint online here.
Archive
CONSUMER GUIDES |
CPFTA & LEMON LAW
The Consumer Protection (Fair Trading) Act
The Consumer Protection (Fair Trading)
Act (CPFTA) is the result of years of relentless advocating by the
Consumers Association of Singapore (CASE). What we see today is a
testimony to the continued dedication of countless consumer advocates
and volunteers over the years.
The driving force behind CASE is our
firm belief that we need fair trading legislation to promote a fairer
and more equitable marketplace. The law will protect both consumers and
traders by making the playing field more level. In 1979, the late Mr
Ivan Baptist, then President of CASE, first urged the government to
consider a fair trading legislation in the Parliament.
Why it began?
The push for this Act began with the
observable increase in the number of errant traders and unethical
business practices over the years. As a consumer organisation, CASE has
come across numerous instances where consumers sought our help when they
fell victim to unscrupulous business tactics. These included
high-pressure selling tactics and aggressive door-to-door salespersons,
amongst others.
What we are advocating for...
We want to create a fair trading environment for consumers and businesses alike.
Outcome today...
The CPFTA took effect on 1 March 2004.
Since then, consumers who have been at the receiving end of unfair
practices have been empowered to take civil action for themselves. The
Act sets out a list of specific unfair trade practices and empowers them
to seek civil remedies. It is the responsibility of the business to
prove that it did not commit the unfair practice. However, businesses
that commit unfair trade practices will not be subject to criminal
sanction as the CPFTA is not a criminal Act.
Since 15 April 2009, the CPFTA was
amended to cover financial products and services. This and other
amendments were made to widen the scope of protection offered to
consumers and facilitate a fairer trading environment for both consumers
and businesses. The legislation protects consumers, without adding
onerous burden to businesses and costs.
Consumers and businesses are urged to
understand the Law better, so as to reap the most benefits from it. To
find out more about the CPFTA, download the brochure here.
Consumer Protection (Fair Trading) Amendment Bill
The Consumer Protection (Fair Trading) Act (“Act”) was amended in
2016 to strengthen the measures that may be taken against errant
retailers who persist in unfair practices. Under the amended Act, SPRING
Singapore (SPRING) will be the administering agency for the CPFTA and
will have investigative and enforcement powers to take timely actions
against recalcitrant retailers.
CASE and the Singapore Tourism Board (STB) remain the first points of
contact for local consumers and tourists respectively to handle
complaints. Consumers who wish to lodge an online complaint with CASE
can do so here.
The amended CPFTA also includes refinements to the definitions of unfair
practices in the Second Schedule of the CPFTA. Some of these were from
feedback provided by CASE, such as clarifying that it is an unfair
practice to refuse the consumer’s request for a copy of the applicable
agreement if none had been previously given.
Paragraph 24 of the Second Schedule of the Act
Based on consumers’ feedback that businesses sometimes do not provide a
copy of a contract to the consumers (when requested by consumers), CASE
recommended to the Ministry of Trade and Industry during the public
consultation for the Act to make such a practice an unfair practice.
This recommendation was incorporated in paragraph 24 of the Second
Schedule of the Act.
Paragraph 24 of the Second Schedule of the Act states:-
"where an applicable agreement has been entered into
in writing and a copy of the applicable agreement has not been given to
the consumer, refusing to give the consumer a copy of the applicable
agreement upon the consumer’s request."
What is an applicable agreement?
An "applicable agreement" means an agreement between a
supplier and a consumer for the supply of goods or services which
expressly provides that -
1a) the goods or services will not be supplied or, in
the case of an agreement to supply goods or services over a period of
time, will not begin to be supplied, to the consumer until the price, or
part of the price, of the goods or services has been paid; and
(b) the price of the goods or services is to be paid by 2 or more instalments.
(2) In sub-paragraph (1)(b), any deposit paid by the consumer for the goods or services is treated as an instalment.
(b) the price of the goods or services is to be paid by 2 or more instalments.
(2) In sub-paragraph (1)(b), any deposit paid by the consumer for the goods or services is treated as an instalment.
Consumers may find applicable agreement in renovation contracts, foreign
domestic workers employment agencies contract, purchase of motor cars,
and other contracts which provides for part payment.
Clauses which permit the business to withhold the provision of goods or
services until part or full payment is made will fall within the
definition of an applicable agreement.
Model Contracts
CASE’s mission is to champion consumers’ interest and promote fair
trading. At law, CASE notes that a party that signs its acceptance to
the terms and conditions of a contract is treated as bound by their
signature. As such, CASE recommended that suppliers should be required
to provide the contract to the consumers to allow consumers to take
reference to their rights and obligations under the contract as this is
in line with our mission. At the same time, CASE would like to urge all
consumers to carefully read the terms and conditions of the contract
before signing.
To assist businesses to comply with their obligations under the CPFTA
while protecting consumers through the use of model contracts, consumers
are also encouraged to shop from CaseTrust accredited businesses. This
is because businesses accredited under selective CaseTrust accreditation
schemes are required to utilize the CASE-Approved Agreement template
with their customers, as part of their accreditation requirement.
Businesses may refer to CASE’s model contract at here.
About CaseTrust
CaseTrust’s standards are maintained in an unbiased manner, and that
its accredited businesses are kept abreast of consumer trends and new
developments in the industry. The CaseTrust Department was formed as a
Secretariat in 1999 under the initiative of CASE. It was an
accreditation scheme targeting the service and retail industry to
spearhead businesses towards excellence by means of adopting fair
business practices.
A shop which displays the CaseTrust Logo signifies fairness and honesty in its dealings with consumers.
Interested to find out more about CaseTrust, click here.
Lemon Law
The Lemon Law came into effect on 1
September 2012. Provisions of the Lemon Law have been added to the
Consumer Protection (Fair Trading) Act, with related amendments to the
Hire Purchase Act and Road Traffic Act.
The Lemon Law is a consumer protection
law that provides remedies against defective goods (colloquially known
as “lemons”), which fail to conform to the contract at the time of
delivery, e.g. do not meet standards of quality and performance,
especially after repeated repair. Under the Lemon Law, consumers may
require the business to repair, replace, reduce the price of the goods
or perform a refund if the goods are found to be defective. For defects
that occurred within a period of six months from the date of delivery,
it is presumed that the goods failed to conform to the implied condition
of satisfactory quality at the date of delivery. However, Lemon Law
does not cover individuals who contract in a business capacity or on
behalf of a company. In this regard, private-hire cars are not covered
under Lemon Law.
To find out more about the Lemon Law and
how it will affect you as a consumer or business owner, refer to the
following:
- The Ministry of Trade & Industry’s webpage
- Frequently asked questions.
- Brochures
For more information on the CPFTA and the Lemon Law, you can also purchase our Fair Trading & You Booklet at our CASE office at 170 Ghim Moh Road, Ulu Pandan Community Building for $3.21 (include GST).
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Online Submission
Case Submission
All applications must be accompanied by relevant documents such as receipts, agreements, credit card slips, letters, etc.
Please complete the form below on details of your complaint and
submit to us. After the officer assessed your case, if you need us to
handle it, you will need to join us as a member, as we are an
Association.
Membership Fees
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If a case is taken up by a CASE Officer an administration fee is charged according to the claims.
Please let our officers know if you are:
- You are a member of a Trade Union or Association that happens to be a CASE Institutional Member;
- You have an individual life insurance policy from NTUC Income;
With effect from 1 January 2015, for the above, your
admin and membership fee will be waived subject to you producing the
necessary documentation proof.
Note: NTUC Link Card does not qualify you for a waiver.
If you are a staff of CASE Corresponding members, you will enjoy waiver
of membership fee and only has to pay the necessary administration
charges.
Administration Charges
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Given Name
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NRIC No
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Date of Birth
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Occupation
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Education Level
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CASE Member
Yes
No
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CASE Membership No
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Date Joined
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Membership Type
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Race
Gender
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Co-operative
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Industry Type
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Transaction Type
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Transaction Date
Desired Outcome
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Total Contract Value (nearest S$)
S$.00
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Quantum Claimed (nearest S$)
S$.00
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Online Transaction
Yes
No
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Complaint Summary (no more than 100 words)
(Not necessary for walk-in consumers)
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Attach Supporting Documents (Maximum 5MB)
(Not necessary for walk-in consumers) |
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I agree that by submitting my complaint, I consent to the use of my personal data in accordance with CASE’s Personal Data Policy as may be amended from time to time.
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Please wait for acknowledgement that your submission is successful.
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I agree that by submitting my complaint, I consent to the use of my personal data in accordance with CASE’s Personal Data Policy as may be amended from time to time.
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