Aircon salesman accepts five year ban (Alwyn Healy)
An air conditioning salesman who has been the subject of numerous warnings and legal actions by Consumer Protection over many years has accepted a five year ban from the industry.
Alwyn Robert Healy of Tapping has agreed to a court-enforceable undertaking which prevents him from being involved in a retail air conditioning business in any capacity including as an owner, manager or employee for a five year period from 28 July 2015.
Previous consumer complaints against Mr Healy related to his misleading claims that the air conditioning systems he installed would both cool and heat their homes but, when installed, had no heating function. Complaints also related to a failure to install the system within a reasonable time or not installing the system at all, despite accepting substantial deposits.
In the past, Mr Healy has either owned or worked for several businesses which included DualCycleAir, Affordable Home Comfort, Healthy Home Airconditioning and Aircon Factory Direct.
The negotiated settlement brings an end to long running Supreme Court action in which Consumer Protection sought to have Mr Healy removed from the industry.
Acting Commissioner for Consumer Protection Gary Newcombe said the outcome protects WA consumers with no future likelihood of consumers being affected by Mr Healy’s actions.
“Despite the Supreme Court in 2011 ordering Mr Healy to repay almost $127,000 he owed 50 consumers, the reality is that Mr Healy is still not in a financial position to comply with that order,” Mr Newcombe said.
“The priority now must be to prevent any more WA consumers from suffering losses in the near future by removing Mr Healy from the industry.
“The good news for WA consumers is that this undertaking means that Mr Healy will not be dealing with any consumers buying air conditioning systems for a considerable period of time. Should he contravene the undertaking during this time. Consumer Protection will take immediate action to enforce this undertaking.”
The undertaking can be viewed at: www.commerce.wa.gov.au/undertakings.
Further information on the obligations of traders and the rights of consumers can be found on the Consumer Protection website www.commerce.wa.gov.au/consumerprotection. Enquiries can be made by email email@example.com or by phone 1300 30 40 54.
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