NCA prosecutes the owners of two Galway grocery retail outlets
6 May 2009
Galway District Court convicted two retail businesses for failing to display prices of grocery items on 5 May 2009. Marcon Retail Limited, trading as No 1 Shop, was convicted in respect of 12 counts and fined €50 per count- a total of €600. Costs of €100 per count – a total of €1,200 were also awarded. The offences occurred at the No 1 Shop, Upper Dominick Street, Galway on 6 November 2008.
Messrs. Rauf Badalov and Kazim Razaev, trading as Carnmore Stores, Carnmore Cross, Galway, were convicted in respect of 10 counts and fined €150 per count- a total of €1500. Costs of €100 per count – a total of €1,000 were also awarded. The offences occurred at Carnmore Stores, Carnmore Cross, Galway on 5 November 2008.
Welcoming the Court’s decision, the Chief Executive of the National Consumer Agency, Ms. Ann Fitzgerald said, “The decision by the Court to convict and fine both traders should remind retailers that they must display their prices.”
The number of court cases relating to price display breaches has fallen sharply over the past two years as the National Consumer Agency has availed of the alternative range of enforcement remedies open to it, under the Consumer Protection Act 2007. Between October 2007 and December 2008, the Agency obtained over 30 Fixed Payment Notices (on the spot fines) from retailers in respect of price display breaches.
Ms Fitzgerald said, “It is Agency policy to impose fixed payment penalties rather than opting for court action. In general, it is only in circumstances where a retailer fails to pay the fixed payment penalty that we initiate prosecution. The owners of both No. 1 Shop and Carnmore Stores were given this option, but did not pay the fixed penalty fines within the 28 day statutory limit.”
Ms. Fitzgerald advised that the Agency was not prepared to allow traders to adopt a haphazard approach towards compliance with consumer legislation. She said, “Retailers must recognise that they have an obligation to their customers. Without consumers they cannot remain in business. In these recessionary times, it is more important than ever that retailers display the correct prices of all items to enable consumers make an informed decision on where to shop to get the best value.”