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Complaint resolution should be easier
KANANA KATHARANGSIPORN
Consumers will find it easier and faster to complain about unfair contracts, products or services at any court nationwide when the 2008 Consumer Case Procedures Act takes effect on Aug 23. The new law would give consumers more rights, said Teeravath Chantarasomboon, director of legal affairs at the Office of the Consumer Protection Board (OCPB).
Officials would record a consumer's statement, collect evidence and ask the business in question to attempt to settle with the complainant. If they cannot, a lawsuit could proceed.
''It will be more convenient for consumers to complain or sue at any court near their residence. If there is a counter-suit, the party suing must sue only at the court in the area where the consumer lives,'' he said.
In the past, he said, some consumers had lost cases as they were unable to travel to the civil court.
Currently, consumers can complain to the OCPB, by mail, e-mail, the 1166 hotline or at the city hall in each Muang district.
''The prosecution process will also be faster,'' said Mr Teeravath.
If a new suit by a consumer is a repeat of an earlier one against the same party for the same reason, there will be no trial and the judgment would be based on the previous complaint.
Courts will process cases with a minimum of delays; only one postponement of 15 days or less is allowed. Trials will be handled by only two courts: the court of first instance and the appeal court.
''The new act will be fairer to consumers. It will force entrepreneurs, which have more bargaining power than consumers, to prove their cases,'' said Mr Teeravath.
''If it's proved that the entrepreneur is at fault, the entrepreneur will have to be responsible for all expenses including those of consumers.''
Consumers will be exempt from fees including court fees, commissions, witness and lawyers' fees unless the suit is found to be unreasonable or the damages sought are judged to be excessive.
The changes could have significant impact for the real estate industry.
For example, if property firm cheats buyers or dishonestly transfers assets to others and the remaining assets are not enough to pay debts, its shareholders would also be defendants and be responsible for the debt.
According to OCPB figures from October 2007 to June 2008, consumer complaints totalled 4,210. Real estate accounted for 1,901 cases or 45.15% (see chart), followed by products and services at 30.40%, advertisements 18.58% and direct sales and marketing 5.87%.
Of the complaints about contracts and real estate, 1,200 were real estate cases and most ended with reconciliation as both consumers and developers tried to avoid court action.
Mr Teeravath suggested that consumers keep all contracts, receipts, brochures or advertising documents to support their cases. If they are lost, consumers could report the loss to the police and use the notification as documentary evidence.
To learn more, visit www.ocpb.go.th
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