Consumers get thousands of dollars in refunds after Fair Trading prosecutes trader for non-supply
Fair Trading has successfully prosecuted a Sydney furniture supplier who was ordered to pay more than $37,000 in compensation and sentenced to a 15-month Community Corrections Order after an investigation found he charged consumers thousands of dollars for furniture which never arrived.
Gerasimos Lord was convicted in Parramatta Local Court 30 April for 10 breaches of Australian Consumer Law for knowingly accepting payment for goods and failing to supply those goods within a reasonable time, if at all.
The offending related to a business, Gallery Furniture Pty Ltd, taking payment for goods but failing to deliver furniture including a $4,499.10 timber cabinet, $3,596 for dining chairs, and a marble side table worth $450.
The defendant was ordered by the court to pay $37,683.41 in compensation to seven consumers and acknowledged other consumers who did not receive goods gained refunds through credit card charge back facilities.
Failure to supply is a common complaint raised with NSW Fair Trading, which received more than 13,000 complaints about the issue from 2022-2024.
It occurs when a trader accepts payment for their goods or services but does not deliver the promised goods or services in a specified time, or within a reasonable time.
In December, NSW Fair Trading successfully prosecuted Milano Republic Director, Branislav Supa, for seven offences of accepting payments without supplying goods within a reasonable time or at all.
In Parramatta Local Court, Mr Supa was fined $2,000 and ordered to pay $5,621 in compensation to affected customers.
Also in December, NSW Fair Trading successfully prosecuted Nicholas Paxinos and Open Close It Pty Ltd trading as Shutters Quickly, who was convicted of accepting payment and not supplying goods/services in time.
Mr Paxinos was fined $5,000 and ordered to pay more than $20,000 in compensation, while Open Close It Pty Ltd was fined $5,400 and ordered to pay $2,100 in compensation to customers.
For more information about consumer rights when you pay for goods and don’t receive them, visit the NSW Fair Trading website here: https://www.nsw.gov.au/legal-and-justice/consumer-rights-and-protection/when-you-dont-receive-products-or-services-paid-for
Quotes attributable to Minister for Better Regulation and Fair Trading Anoulack Chanthivong:
“NSW Fair Trading will prosecute businesses who take the money but don’t deliver.
“There is nothing more frustrating than spending hundreds, if not thousands of dollars on furniture and going months without seeing your purchase arrive, if at all.
“When making major purchases, consumers should always research the seller by searching for online reviews on their products and by checking NSW Fair Trading’s Complaints Register.”