Court nails carpenter for failing to deck out consumer
A Lockyer Valley carpenter and his company have been fined after being taken to court by the Office of Fair Trading (OFT) for taking a deposit to carry out work but failing to do so.
Taniela Finaulahi Moa the sole director of Moa Constructions Pty Ltd pleaded guilty to breaching the Australian Consumer Law in the Brisbane Magistrates Court on 18 March 2022.
The court heard that in April 2021, Mr Moa quoted to build a deck and pergola for a consumer and gave a commencement date of 17 May 2021 for the job. The consumer then paid $9,460 as a deposit to Moa Constructions Pty Ltd for the work but Mr Moa failed to arrive on the agreed date.
After receiving no further contact from Mr Moa the consumer requested a full refund. When a refund was not provided, they lodged a complaint with OFT.
Mr Moa told the court he had expanded his company too quickly and as a result he had used the consumer’s deposit to pay other invoices, expecting other incoming payments to be used for purchasing the necessary building supplies for this customer. When the other payments did not arrive it created cashflow problems, and he was unable to purchase the materials needed and was therefore unable to commence the work or refund the consumer.
Mr Moa and his company Moa Constructions Pty Ltd were charged conjointly. Moa Constructions Pty Ltd was fined $8,000 and Mr Moa was fined $2,664 with no conviction recorded.
A/Commissioner for Fair Trading Anthony Crack said traders need to honour their commitments to consumers.
“Consumers are entitled to request a refund for unsupplied goods or services and if the matter remains unresolved, seek assistance from the OFT,” Mr Crack said.
“Consumers can also take steps to protect themselves by not paying the total cost up front.
If a contractor is asking you to pay the total amount before even starting the job this could be a red flag. Ask the business if they will accept progress payments so that if the trader does not undertake the work you are not left severely out of pocket.”
“The OFT will continue to take up issues for consumers who do not receive what they have paid for.”
If consumers have paid for goods or services they have not received, they should raise the issue with the trader. If they are unable to resolve the issue with the business, they are encouraged to make a complaint to the OFT either online at www.qld.gov.au/fairtrading, or by calling 13 QGOV (13 74 68).