Revised Laws of Saint Lucia (2021)

Findings, Completion and Decisions of the Board

42.   Decisions of the Board

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    (1)   If the Board is satisfied that the goods complained against suffer from any of the defects specified in the complaint or that any of the allegations contained in the complaint about the services are proved, the Board shall issue an order within 14 days after the hearing, directing the supplier to do one or more of the following —

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      (a)     to remove the defect from the goods in question;

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      (b)     to replace the goods with new goods of similar description which shall be free from any defect;

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      (c)     to return to the complainant the price, or, as the case may be, the charges paid by the complainant;

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      (d)     to remove the deficiencies in the services in question;

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      (e)     to desist and discontinue the unfair trade practice or the restrictive trade practice;

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      (f)     to refrain from offering the hazardous goods for sale;

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      (g)     to withdraw the hazardous goods from being offered for sale;

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      (h)     to cease the manufacture of hazardous goods and to desist from offering services which are hazardous in nature;

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      (i)     to pay such fixed penalties as may be determined by the Board as set out in Schedule 4;

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      (j)     to issue corrective advertisement to neutralize the effect of misleading advertisement at the cost of the supplier responsible for issuing such misleading advertisement; or

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      (k)     to provide for prescribed costs to parties in addition to the fees, if any paid to the laboratory for analysis or testing of goods.

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    (2)   Where the Board finds a complaint to be false, frivolous or vexatious it shall, issue an order —

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      (a)     dismissing the complaint;

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      (b)     for the complainant to pay to the supplier such prescribed costs, as may be specified in the order.

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    (3)   Every order made by the Board under this Part shall be signed by the Chairperson who conducted the proceeding and where any of the members differ on any point, they shall state the point on which they differ and the opinion of the majority shall be the order of the Board.