Question
Sunita Pty Ltd operates a chain of Indian small-goods stores (named 'Sunita's') which make and serve a range of spicy foods for walk-in customers. For
Sunita Pty Ltd operates a chain of Indian small-goods stores (named 'Sunita's') which make and serve a range of spicy foods for walk-in customers. For the month of December, Sunita stores advertised a 'special customer deal' where customers who purchased the lunch special could also purchase a 'minimusic player' for just a dollar ($1). Some customers visited Sunita stores in December to inquire about the offer - as some customers thought they could buy a cheap MP3 player. In fact, Sunita was offering small pocket radios for $1 (Sunita's marketing manager thought the advertisement was reasonable because radios can play music). Sunita obtained the pocket radios from a Chinese manufacturer at a discounted price and Sunita had nothing to do with their manufacture or assembly. Unfortunately, several customers who took up the deal later complained the pocket radios didn't work properly. It appears that a manufacturing defect caused some of the radios to only work intermittently. Are there any actions available to consumers under the Competition and Consumer Act 2010 (Cth) to bring against Sunita's? What are their prospects of success? ( Answer according to IRACC model )
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