Door shuts on Rainbow Blinds and Shutters

The sole director of Rainbow Blinds and Shutters Pty Ltd has been taken to court by the Office of Fair Trading (OFT) for breaching consumer laws in dealings with seven customers.

Rainbow Blinds and Shutters Pty Ltd’s director Anthony Driene pleaded guilty to eight charges of breaching the Australian Consumer Law.

Mr Driene was fined $1,500, ordered to pay a further $13,627 in compensation to affected consumers. The matter was heard in the Cleveland Magistrates Court on 15 February 2022.

The court heard that between October 2019 and May 2020 Rainbow Blinds and Shutters contracted with the consumers to supply and install window and door furnishings, including one customer who entered into two contracts. Payment was accepted by the company from these customers, but the goods and services were not supplied.

Itemised quotes were provided to consumers for supply and installation, and a 50 percent deposit was required be paid to confirm the order. Consumers were advised that their orders had been passed onto a supplier who was responsible for providing it.

After months of waiting for their orders, some consumers contacted the supplier who advised that while they had received orders from Rainbow Blinds and Shutters, no payment had been made to complete the orders. Several consumers paid the supplier direct so their orders would progress.  Consumers were not reimbursed by Rainbow Blinds and Shutters.

Other consumers received no contact from Rainbow Blinds and Shutters about their orders months after making payment. One consumer decided to attend Rainbow Blinds and Shutters showroom, only to find it vacated.

Rainbow Blinds and Shutters Pty Ltd has since entered into administration and a liquidator has been appointed.

In sentencing, Magistrate Deborah Vasta said directors of businesses needed to understand their obligations and take responsibility for their actions.

Commissioner for Fair Trading Victoria Thomson said it is illegal for a trader to accept a payment for goods or services and fail to supply them.

“The OFT will continue to take up issues for consumers who do not receive what they have paid for,” Ms Thomson said.

“Traders cannot ignore their responsibilities to consumers by trying to pass on liability to suppliers and manufacturers.”

The OFT encourages consumers who have purchased goods or services but have not received them to approach the trader in the first instance. If this is unsuccessful, they should lodge a complaint with the OFT at www.qld.gov.au/fairtrading or by calling 13 QGOV (13 74 68).