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The 6th Offence: Wrongly Accepting Payment (Scenario 2 Offence Explanation)

Offence Explanation

The wedding package Onion Junior purchased was a wedding service with ceremony to be held in the spacious outdoor garden after three months. When the boss of the wedding planner accepted deposit payment from Onion Junior, she knew the garden would be returned to the landlord in a month. However, she still accepted the payment with the intention not to supply the service Onion Junior paid for, or to supply materially different product. This may amount to the offence of wrongly accepting payment under the Ordinance.
 

Reminder to Consumer

Wise Tips

  1. Delivery date should be stated clearly on the receipt concerning goods or services to be delivered only after payment is made.
  2. Consumers should avoid paying in full when placing order for goods or services in order to minimize the loss if the trader ceases business.
  3. When purchasing goods or services on group purchase websites, consumers should beware of the terms and conditions. If the promotion or the product cannot be enjoyed on Saturday, Sunday or public holiday, it is recommendable to make arrangements early in advance and avoid making last minute reservations to prevent inconvenience or failure to enjoy the product due to clash of schedule.
  4. Consumers often purchase services by making prepayment due to promotional offers. They should beware of the risks involved in the delivery and quality of the service and consider their practical needs carefully. They should also pay attention to the availability and limitation of the service so as to avoid ending up in a loss instead of a gain.

 

Access to Redress

  1. To lodge a complaint, as the case may be, with the following organizations:
    1. The Customs and Excise Department
    2. The Office of the Communications Authority (On broadcasting and telecommunications services)
    3. Consumer Council
  2. If you suffer loss because of conduct of another person that is directed to you and constituted the above-mentioned offence, you may commence civil action for damages:
    1. If the claim does not exceed $75,000: Small Claims Tribunal
    2. If the claim exceeds $75,000, but does not exceed $3,000,000: District Court
    3. If the claim exceeds $3,000,000: Court of First Instance of the High Court
    Besides, as the case may be, you may seek legal advice and/or assistance from:
    1. Professional lawyers
    2. Resource Centre for Unrepresented Litigants
    3. Free Legal Advice Scheme offered by the Duty Lawyer Service
    4. Apply for Legal Aid Schemes from the Legal Aid Department
    5. Apply for the Consumer Legal Action Fund of the Consumer Council