Chris Awhawha
An Asaba-based human right activist, Mr. Victor Ojei has petitioned the Delta Police Commissioner over an alleged case of consumer right violation by a trading company, Gabbs Ultramart.
Our correspondent reports that the petition, which has been acknowledged by the Delta Police Command was made available to journalists on Thursday in Asaba.
Ojei, who is the executive director of the Young Nigerian Rights Organisation (YNRO) had in his petition drew the attention of the police CP to a case of fraudulent surcharge and refusal to make refund by Gabbs Ultramart.
He said that a resident, Mr. Annointing Ojianwuna who went shopping at Gabbs utramart, along Okpanam in Asaba on September 25, 2024, had lodged a complaint before the management of the shop that the sales clerk had overbilled him.
According to Ojei, when the complainant approached the manager on duty at the mall, with his receipt and items purchased, it was discovered and confirmed that the complainant had been over-charged.
The petitioner however noted that rather than the management of Gabbs to refund the complainant the amount of money in question, the manager told him to buy extra items that they don’t refund cash.
Ojei, in his petition, is demanding that the police wade into the matter and prosecute the management of Gabbs Ultramart for what he described as a violation of the NIgeria comsumer protection law.
“We, the Young Nigerian Rights Organization, acting as the petitioner on behalf of Mr. Annointing Ojianwuna, hereby submit this petition to your office for investigation and prosecution of Gabbs Ultramart, located along Okpanam road, in Asaba.
“The complainant, Mr. Annointing Ojianwuna, a 33-year-old man from Ubulu-uku town, but residing in Asaba, went to Gabbs Ultramart on the 25th of September, 2024, to make shopping for family needs.
“He made purchase of the following items, Baby lotion at a cost of ₦8,600 body cream at the cost of ₦4,500 and
two tablets of bathing soap at a cost ₦5,300, instead of N3,300, thereby causing an overcharge of ₦2,000.
“The total bill presented to him was ₦18,300, and the complainant paid ₦19,000 in cash, receiving ₦700 as change”, he said.
The petitioner however said tha upon getting home, the complainant discovered that he had been overcharged for the soap by ₦2,000.
He said the next day, Mr. Ojianwuna returned to GABBS to address the issue with the manager, who, after checking the receipt and reviewing the store’s security footage, confirmed the overcharge.
According to Ojei, instead of issuing a cash refund, the management of the ultramart insisted that the complainant must use the overcharged amount to purchase another product, a request the complainant declined.
He said: “The cmplainant declined to make another purchase as demanded by
the management of the ultramart because such command violates his consumer rights under Nigerian law.
“Despite his refusal, Gabbs ultramart refused to refund his money, instead asking him to return after two days without considering the negative economic impact this would have on our complainant.
“This act by Gabbs Ultramart is a clear violation of the Federal Competition and Consumer Protection Act (FCCPA) 2018.
“This Act safeguards consumers against unfair practices, including overcharging and refusal to refund upon genuine claims.
“We believe the management of Gabbs Ultra has acted unlawfully by imposing its will on a customer and failing to respect the rights and economic well-being of the complainant.”
The petitioner explained that the actions of Gabbs Ultramart is liable to prosecution under the FCCPA Section 120, – a law prohibiting unfair, misleading, and unconscionable trade practices, including wrongful pricing.
He also stated that action runs foul of the provision of the Criminal Code Act, Section 419,- fraudulent misrepresentation, as the Ultramart had provided incorrect pricing, thereby causing undue financial harm.
Ojei said that under the FCCPA Section 123, it stipulates that consumers are entitled to seek redress and appropriate remedies in cases where their rights have been violated, including overcharging or refusal to refund.
He urged the police to investigate the actions of Gabbs Ultramart and prosecute those responsible for the complainant’s consumer rights violation.
The petitioner equally demanded that the complainant be duly refunded his overcharged amount of ₦2,000.and called on the police to also implement other necessary actions to serve guard against future occurrence.
“We trust in your good office to address this matter swiftly and decisively, ensuring justice for our complainant and reinforcing the protection of consumers”, Ojei said.