- $8,000 fine for taking deposits and not completing pool repair work
- Three consumers paid deposits totalling $6,050
- Public urged to only pay small deposits or make progress payments to reduce risk
A swimming pool fibreglass repairer has been fined by the Perth Magistrates Court for breaching the Australian Consumer Law (ACL) by taking deposits from three consumers and failing to supply goods and services within a reasonable time.
Marcello “Marc” Maddaloni of Joondalup was handed down a fine of $8,000 for breaching the ACL and full compensation orders were made to repay the three deposits totalling $6,050 to out of pocket consumers. He was also ordered to pay costs of $927.80 when convicted on 26 May 2023.
In all three cases, after receiving a 50 per cent deposit, Mr Maddaloni did some initial work which included cleaning or draining the swimming pools but he never returned to resurface the pools, ceased contact with the consumers and did not provide refunds.
The three consumers live in Dianella, Yangebup and Baldivis.
Commissioner for Consumer Protection Trish Blake said complaints against Mr Maddaloni started mounting in June 2020.
“We were concerned about the number of complaints we received in a short period of time and the amount of losses his customers had experienced, all of whom desperately wanted their money back,” Ms Blake said.
“Mr Maddaloni had a business practice of taking large upfront deposits which significantly increased the losses to consumers when he failed to carry out the agreed work. He has shown a blatant disregard for consumer’s rights and the law.
“We hope this conviction will deter him and others in the future from taking deposits and failing to supply goods and services within an agreed timeframe or within a reasonable time.
“We recommend that only a small deposit be paid, if required, to reduce the consumer’s risk. For bigger jobs, only make progress payments once stages of the work have been completed.
“Paying by credit card offers extra protection as consumers can apply for a chargeback if the goods or services are not provided.”
Consumers who have paid a deposit and have not received goods or services within an agreed timeframe or within a reasonable time and have tried to contact the business to resolve the issue, are invited to lodge a complaint on the Consumer Protection website
