Prices and Incomes Board v R. C. Manubhai [2012] FJMC 36; Criminal Case 1217.2010 (7 March 2012)

IN THE MAGISTRATES COURT AT NASINU

Criminal Case No. 1217/10

PIB

-v-

R. C. MANUBHAI COMPANY LIMITED

Mr. Chand for the Prosecution.
Ms. Nusi Tabete appeared for the accused company.

Sentence

1] The Accused R. C. MANUBHAI COMPANY LIMITED is charged with following offence.

CHARGE:

Statement of Offence [a]

HAVING FOR SALE NON-CONTROL ITEMS: namely: 2 Exploit Hardpoint Saw H1513, 34 x 8" Bastards Perfect File 168233, 33 tins B-Bond PVC Solvent Cement 1009, 100 PVC Valve socket 15mm P6251, 7UPVG Plain Bead 50mm x 88 degrees W/P 6106, 20 x 500g Caustic Soda C 3173, 20 x 20mm Bil Reliable Staples 1kg, 7 Global 4 Outlet Power Board E 5052, 5 sets Global Extension Cord 15 meters E1175, 16 x 125mmBil Reliable Galvanised Nail and fail to cause the same to be legibly and conspicuously either price marked or price displayed for the information of the public contrary to paragraph 3 (a) of Legal Notice 29 (Price Marking and Price Display on Non-Price Control Items and Service Order, 1992 and Section 129 (1A) of the Commerce Commission Decree No. 49 of 2010.

Particulars of Offence [b]

2] R. C. Manubhai Company Ltd did on the 20th day of October 2010 at Shop 4 Viti Plaza, Valelevu, Nasinu in the Central Division being a trader having for sale Non-Control items namely: 2 Exploit Hardpoint Saw H1513, 34 x 8" Bastards Perfect File 168233, 33 tins B-Bond PVC Solvent Cement 1009, 100 PVC Valve Socket 15mm P6251, 7UPVG Plain Bead 50mm x 88 degrees W/P 6106, 20 x 500g Caustic Soda C 3173m 20 x 20mm Bil Reliable Staples 1kh, 7 Global 4 Outlet Power Board E 5052, 5 sets Global Extension cord 15 meters E1175, 16 x 125mm Bil Reliable Galvanised Nail and fail to cause the same to be legibly and conspicuously either price marked or price displayed for the information of the public.

3] Facts of the case are as follows. A normal routine price control inspection was carried out at R. C. Manubhai & Company Limited of Shop 4 Viti Plaza, Valelevu, Nasinu by Fiji Commerce Commission Inspectors on the 20th day of October, 2010. The inspection revealed the trader was having for sale by retail Non-Control Items namely: 2 Exploit Hardpoint Saw H1513, 34 x 8" Bastards File 168233, 33 tins B – Bon PVC Solvent Cement 1009, 100 PVC Valve Socket 15mm P6251, 7UPVG Bead 50mm x 88 degrees W/P 6106, 20 x 500g Caustic Soda C3173, 20 x 20mm Bil Reliable Staples 1 kg, 7 Global 4 Outlet Power Board E 5052, 5 Sets Global Extension Cord 15 meters E 1175, 16 x 125mm Bil Reliable Galvanised Nail and fail to cause the same to be legibly and conspicuously either price marked or price display for the information of the public. The trader was questioned why were those non control items did not have their prices marked or displayed for the information of the public? There were no genuine reasons received.

4] On 13th January 2012 the accused company pleaded guilty to the charge. They seek non conviction under 45(1) of the Sentencing and Penalty Decree.

5] The maximum fine under Section 129 (1A) of the Commerce Commission Decree, 2010 is $5,000.00 for the first offence.

6] I reproduce penal section for clarity. It says;

"129.-(1) 1) Subject to subsections (2) and (3), a person who-

(a) contravenes;

(b) aids, abets, counsels or procures a person to contravene;

(c) induces, or attempts to induce, a person whether by threats or promises or otherwise, to contravene;

(d) is in anyway, directly or indirectly, knowingly concerned in, or party to the contravention by a person of; or

(e) conspires with others to contravene, a provision of Part 6, other than section 67,

is guilty of an offence punishable on conviction by a fine not exceeding $10,000."

(1A) Subject to subsections (2) and (3), a person found guilty of an offence under this Decree for which no other penalty is provided is punishable on conviction by a fine not exceeding $5,000 for a first offence and $10,000 for a second or subsequent offence.'".

7] The accused company is a first offender.

8] The accused had not explained the circumstance of the offending. Instead they filed Price and Incomes Board v Food For less (Fiji) Ltd [2010] FJMC 141; Criminal Case 1540 of 2008(18 November 2010) case. In that also the Court had not entered a non conviction though they applied it. I see this case also no reason to enter a non conviction.

9] In mitigation, I consider that the accused pleaded guilty without going to the trial. But, they did not show any remorse or apology of to the court or to customers. The price was not marked conspicuously as the law requires. As multimillion company, the accused cannot take these things for granted. The accused should obey the law and regulations as everyone equal before the law. Ulterior motive of non marking prices is suspicious. The accused could sell items at any price and they could gain unreasonable profit on that. Further, the accused could sell items at different prices and this discriminates customers' rights. I hold the sentence should be exemplary.

10] In considering all circumstances, the accused, R. C. MANUBHAI COMPANY LIMITED shall pay fine of $1000 for this offence. In default 100 days imprisonment (Directors of the company to be imprisoned as they depicted in the Company Register under the name of R. C. MANUBHAI COMPANY LIMITED). Prosecution is asking for $33.75 cost and The Accused should pay that cost too. Therefore total amount should be paid by the accused is $1033.75.

11] Copy of this sentencing judgment is given to the accused and the accused shall pay this fine before next review date. (If they have not appealed against this order)

12] 28 day to appeal

On 07th March 2012, at Nasinu, Fiji Islands

Sumudu Premachandra [Mr.]
Resident Magistrate-Nasinu