B.C. tribunal dismisses complaint over alleged faulty Seiko watch, ruling claim was filed out of time - The Georgia Straight

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A complaint over a watch that supposedly kept the wrong time failed before a B.C. Civil Resolution Tribunal.

Tribunal vice chair Shelley Lopez dismissed the claim because it was filed out of time.

Lopez explained that under the Limitation Act in B.C., a claim for debt or damages must be started within two years of the day it was discovered.

This did not happen in the case brought by complainant Yi Wu.

Wu wanted a $163.90 refund for a Seiko watch she bought.

She said that the device did not keep accurate time from the first time she wore the automatic watch.

Wu also claimed $18.77 in shipping fee for the watch’s repair.

In addition, Lopez recalled in her reasons for decision, the buyer sought $500 for her time spent and frustration in the dispute.

Wu bought the watch from Time’s Fashion Accessories Ltd. (TFA).

Also named respondents were Seiko Hong Kong Limited (Seiko). TFA is an authorized dealer of Seiko. Likewise named respondent was Odyssey Time Inc. (Odyssey).

Lopez noted that Wu said that the watch “did not work as soon as she bought it from TFA on December 22, 2017”.

In her May 7, 2020 application with the tribunal, the woman said that she was “first aware of the claim in ‘around January 2018’”.

“This is consistent with Mrs. Wu’s evidence that she took the watch back to TFA in late December 2017 for repair, but that the watch’s problem of not keeping accurate time was never solved,” Lopez wrote.

Lopez explained that the May 7, 2020 tribunal application stopped the two-year limitation period.

“So, since Mrs. Wu’s claim arose in January 2018, before May 7, 2018, it was filed out of time,” Lopez wrote.

Lopez recalled that Wu brought the watch back to TFA a number of times.

The shop determined that there was nothing wrong with the watch.

Later, Wu sent the watch directly to Seiko for repair, and the company “installed a new movement and ‘regulated’ the watch”.

“Seiko and Odyssey say that replacing the movement is equivalent to replacing the watch, which I accept as it is undisputed,” Lopez stated.

The respondents performed the attempted watch repairs at no charge to Wu, Lopez also recalled.

“There is no expert evidence before me, and no evidence from anyone saying the watch sold to Mrs. Wu had anything wrong with it,” Lopez noted.

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November 11, 2020 at 01:37AM
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B.C. tribunal dismisses complaint over alleged faulty Seiko watch, ruling claim was filed out of time - The Georgia Straight

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