Traders exploit Consumer Council's lack of powers

Some traders are refusing to refund customers because they know the Consumer Council of Fiji (CCF) has no power to fine or prosecute them.

CCF chief executive officer Seema Shandil revealed this during a hearing of Parliament's Standing Committee on Social Affairs, raising concerns about the council's ability to secure redress for consumers.

“Sometimes retailers know that we do not have the powers to fine or prosecute, so they will refuse to provide redress,” Ms Shandil said.

The committee's report, tabled in Parliament last month, highlighted the council's reliance on other regulatory and enforcement agencies to take action against offending traders.

These include the Fiji Competition and Consumer Commission (FCCC), Land Transport Authority (LTA) and Fiji Police Force.

According to the CCF's submission, referrals to enforcement agencies increased from 164 in the 2020–2021 financial year to 1,505 in 2023–2024.

Of the 1,505 referrals in 2023–2024, 1,009 were made to Police Criminal Investigations Department (CID), 347 to the FCCC and 67 to the LTA.

The figures highlight the council's reliance on external agencies to pursue complaints beyond its enforcement powers.

Law questioned

During the committee proceedings, Mr Vanawalu questioned the effectiveness of the Consumer Council's 1976 Act, which does not give the organisation prosecution powers.

“It is just as they say about a white elephant,” he said.

Ms Shandil confirmed that the Act was under review and said the council wanted the power to publicly identify repeat offenders.

However, she stressed that the CCF was not seeking to duplicate the responsibilities of existing enforcement agencies.

“We do not want to duplicate the work of the enforcement agencies because they are already there doing the work,” she said.

Lack of feedback

Opposition Member of Parliament Viam Pillay also questioned whether the council should receive updates on complaints referred to other agencies.

“Yes,” Ms Shandil said, adding that the council received no feedback on complaints referred to the FCCC.

The lack of feedback raised concerns about the council's ability to track the outcomes of complaints it had referred for enforcement action.

The committee has recommended that the line ministry work closely with the Consumer Council to review its governing legislation.

Meanwhile, the draft Competition and Consumer Commission Bill 2026 proposes fines of up to $10 million for companies.

The proposed penalties relate to the competition and consumer regulatory framework and do not, by themselves, give the Consumer Council prosecution powers.