On 27th March, 2023, the Commission commenced investigations against VIP Courier Limited on allegations of misleading conduct and unconscionable conduct.

It was alleged that on 15th September, 2022, the complainant was expecting to receive some items with total value of 3,300 Euros through the Respondent’s courier service which were dispatched from Lilongwe.

The Complainant claimed that the items originated in United Kingdom and were sent in two boxes, of which only one reached her. The Respondent alleged that one of the parcels got lost in transit.

The Respondent accepted liability for the missing items and opted to refund the through their insurer. The insurer however requested for receipts as evidence of goods cleared by the Malawi Revenue Authority (MRA). According to the records provided by MRA, it indicated that goods declared at port of entry were worth only 287 Euros (about MK307,428.19), which was inconsistent. Based on the advice from the subject insurer, the Respondent requested the Complainant to provide original receipts of the missing items.

However, upon examining the list of the items on which to be refunded, the Complainant noted that the items cleared by the MRA were not part of her subject missing items. Among others, the declared items were used household items and bicycles, which did not form part of her consignment. As such, the Complainant did not fill in the claim forms on the consideration that she would end up being refunded less.

After investigations, it was the view of the Commission that the MRA Declaration Form is the most legit document to rely on for evidence.

Following deliberations, the Commission did not find that the Respondent engaged in any unfair trading practice prohibited under Section 43(1)(d) and 43(1)(g) CFTA. The Commission therefore resolved that the Respondent pay the Complainant the amount of Three Hundred and Seven Thousand Four Hundred and Twenty-Eight Kwacha Nineteen Tambala (MK307,428.19) being refund for the value of goods declared to the MRA.