Henry-Giles v. Hategekimana (Decision)

IN THE MATTER OF THE CONSUMER CLAIMS TRIBUNAL

IN THE COMPLAINT OF:

CELDIA HENRY-GILES COMPLAINANT

AND

NOEL HATEGEKIMANA

Trading as Faustin’s- Tailor Design and Sewing Accessories RESPONDENT

BEFORE:

Fiona Hinds Chairman

Jamila Burgess Member

Livingston Trotman Member

Anton Lovell Member

APPEARANCES:

Mr. Roger Barker Public Counsel and

Ms. Sharon Harris Legal Officer

Office of Public Counsel on behalf of the Complainant

Noel Hategekimana Respondent in person, not represented by Counsel

Date of Hearing: 5^th November 2018

12^th December 2018

You’ve brought a matter to us, the Consumer Claims Tribunal and just for the purposes of the record even though I know it’s…, but it’s brought under section (6), (8) and (29).  So section (6), for your own reference says that, ‘there is a Guarantee that goods are to be of acceptable quality and where goods failed to comply with the guarantee then, under the Act you can have a right to redress.’ Just so for the record and since we are recording, I have deemed you are a consumer as you are individual of certain goods and services and that Mr. Hategekimana, is a supplier of those goods and services.  The warranty as to fitness, continues in section (8) and pretty much in lay person language, that’s just unique that what you got ought to have been what you wanted and that what we call fit for purpose. We saw the pants and I came here today with a pants of equal length and for the purposes of the record and since I went to the trouble to finding a pair of pants, this, Mrs. Henry-Giles, is a 30/32 pants, that’s the length, okay.

These are brand new pants and we saw the ones that brought, well we saw one of the two because you brought two and I only saw one.   Now, in the circumstances having given consideration to sections (20) onwards and section (46). We the tribunal, order that Mr. Hategekimana, Trading as Faustin’s Tailor Design and Sewing Accessories of #2 Glenburnie, Saint John being the Respondent in this matter, pay to you the Complainant Mrs. Celdia Henry-Giles the sum of two hundred and twenty-nine dollars and ninety-five cents ($229.95) forthwith, being the cost of the two pants and the thirty dollars ($30.00) paid to him for the services of hemming them,. 

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Fiona Hinds (Chairman)

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Jamila Burges (Member)

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Livingston Trotman (Member)

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Anton Lovell (Member)