New Consumer Complaints Law In Thailand

[jaideeguy]

I thought this may be of general interest to anyone with consumer complaints here in LOS, where you normally don't/can't complain about faulty products, service etc.....

I found this in researching a complaint against Hitachi Thailand re a faulty breadmaker.

link is http://www.content4reprint.com/legal/natio...-complaints.htm

On the 23rd of August, a new Thai law came into effect, known as the Consumer Case Procedures Act. Prior to this Act's inception, it had been logistically and legally difficult for consumers top make complaints against corporations, with travel, court costs and time creating significant difficulties for consumers. This new law makes provisions for the location of court cases and who is responsible for paying court costs, as well as the handling of repeat complaints against companies.

Teeravath Chantarasomboon is director of legal affairs at the Office of the Consumer Protection Board (OCPB). He believes that the new laws "will be fairer to consumers. It will force entrepreneurs, which have more bargaining power than consumers, to prove their cases". Mr Teeravath pointed to previous cases where, although Thai law may have supported the consumer, they were unable to receive compensation or to continue with their complaint because they had to travel to civil courts from the home jurisdictions. This effectively made justice out of the reach of many, especially those in rural areas.

Companies also need to be aware of this Thai business law, especially as regards their policies and procedures. One important adjustment to Thailand's consumer law with this new act is the fact that if a repeat complaint is brought against a company, where the company previously lost the case, there will be no trial. The judgment of the new case would be based on the previous complaint, with similar penalties or compensation applied.

Business law in Thailand will also be affected by the reduction in the number of courts that will handle consumer complaints - the court of first instance and one appeal court are the only avenues open to businesses and consumers who disagree. This is one measure which will help with overcrowding of the legal system in Thailand. Another important streamliner for the legal process is the fact that only one postponement of 15 days or less will be allowed, so companies will need to be efficient at gathering required documents and evidence - as will consumers.

The new Thai law had its first test recently, when former Bangkok senator Chirmsak Panthong complained about lax security, suing the director of Nakhom Si Thammarat provincial airport, and the budget airline Nok Air.

This complaint was under the new Thai law's provision that affected people can file charges against substandard goods and service providers in court. Mr Chirmsak said that check-in staff had not searched passengers for weapons before they boarded the aircraft. Mr Chirmsak said ''I told the staff member that such [lax security measures] would put our lives at high risk. That female staff member said I had to take risks today [Aug 16]. I didn't feel good and was worried as there were 150 passengers on board the flight. If someone had hidden explosives, we would have died en masse,''

''This is a case of negligence and a reckless act that might cause serious damage to the lives and property of passengers. I decided to bring the case to the court's attention", he continued. The court reprimanded the airline.

Under Thailand's new consumer laws, complainants do not have to pay court fees, except if the damages sought are deemed to be excessive, or the suit is found to be unreasonable. Even if complainants lose the suit, as long as the first two conditions are met, there will be no court fees charged to them. However, check with your Thailand legal service, as companies are required to pay court costs in the event that they lose the case.

The new laws are widely hailed as levelling the playing field and making consumer law in Thailand much fairer.

About the AuthorFor nearly 30 years, Bamrung Suvicha Apisakdi Law Associates (BSA Law) has focused on providing reliable legal advice and services to the Thai and foreign business community in Thailand. We provide international standards of legal services while retaining the customs of the Thai business culture

[GungaDin]

Well, it's a start.

Why not copy the "Sale of Goods Act. UK"

Best legislation in the world for consumers.

[Pitbullman1]

The new Law ought to incorporate faulty goods bought from the shops etc. I recently bought what I thought was a brand new Nokia mobile phone from what I assumed was a reputable shop, and paid the going price for it, not a knock off price. The shop was in a good shopping Mall and the phone's box was sealed. After 4 days the telephone went faulty. I took it back to the shop and he immediately blamed me for dropping in onto the ground and damaging a part inside of the phone. Without x-ray eyes how could he see that part inside of the phone had been damaged! The phone was kept in a rubber silicon case and also in a secured belt pouch. Not once was this phone dropped. I took it back to the shop where I had purchased it from and the seller wasn't interested in helping me. I took it stright to the Nokia service centre where It was found that the telephone must've been tampered with prior to the sale to me. Initially Nokia wanted to charge me more than 3,000 THB to repair it, but then had a change of heart and repaired it for free for me. There wasn't anything that I could do about shop or the owner who sold this phone to me.

I have since been told never to buy a phone from one of these booth type shops in a shopping Mall but go to Tele-Wiz or any other reputable company.

[Dakhar]

I can see it now....

an additional 15% surcharge for future legal fees tacked on to the retail price.

Hold on to your seats boys and girls, Thailand is getting modern

[givenall]

I can see it now....

an additional 15% surcharge for future legal fees tacked on to the retail price.

Hold on to your seats boys and girls, Thailand is getting modern

Impossible. hard to change thousand year of tradition and corruption in one law. At least not in my lifetime

[prefabs]

Because it is free, it has overlaoded the system already. Here is an experience of how it worked for a friend of mine recently. Filed a case against a developer. Waited 2 months for a court date. On the day, guy didn't turn up. so another date was set for one month later with the agreement of all parties.. He didn't turn up again, his lawyer said he was out of the country on business. Judge said to get another date. First available date was 53 weeks later. 3 hours later, when he arrived home, the guy was abused at is door by the "out of country on business" developer.

When he asked his lawyer about this, he was told "they all do that, to waste time" He wasn't in the least interested about the guy lying to the court about the non appearance, normal thing here in LOS, apparently

[caf]

Well, it's a start.

Why not copy the "Sale of Goods Act. UK"

Best legislation in the world for consumers.

Agreed, and the Consumer Protection Act is an even more powerful tool for the consumer. Hope thailan can copy

[LooseCannon]

I can see it now....

an additional 15% surcharge for future legal fees tacked on to the retail price.

Hold on to your seats boys and girls, Thailand is getting modern

I couldn't agree more - all Thailand needs is increased government interference & regulation.

Won't be long before the Thai Visa cheer squad start clamouring for parking meters & demanding regular health inspections of all noodle carts.

Regulatory constraints equals increased costs, next thing you have is "Thailand Is Not Cheap" threads & the country becomes about as interesting as Scunthorpe on a Saturday night.

[Harcourt]

Because it is free, it has overlaoded the system already. Here is an experience of how it worked for a friend of mine recently. Filed a case against a developer. Waited 2 months for a court date. On the day, guy didn't turn up. so another date was set for one month later with the agreement of all parties.. He didn't turn up again, his lawyer said he was out of the country on business. Judge said to get another date. First available date was 53 weeks later. 3 hours later, when he arrived home, the guy was abused at is door by the "out of country on business" developer.

When he asked his lawyer about this, he was told "they all do that, to waste time" He wasn't in the least interested about the guy lying to the court about the non appearance, normal thing here in LOS, apparently

There is a conflict of information here: From the OP, ".....Another important streamliner for the legal process is the fact that only one postponement of 15 days or less will be allowed,...."

Someone's lawyer was not doing his job, or the OP is misinformed, or this story is misinformed.

[Harcourt]

There is a potential flaw here too.....from the OP, "....One important adjustment to Thailand's consumer law with this new act is the fact that if a repeat complaint is brought against a company, where the company previously lost the case, there will be no trial. The judgment of the new case would be based on the previous complaint, with similar penalties or compensation applied. ...."

Savvy companies that know they are not up to scratch will simply get an insider to file a complaint as soon as possible, before any genuine customer does, with a very low compensation request. Precedent will be set.

This is perhaps the biggest potential flaw to the new act.

[wintermute]

This is perhaps the biggest potential flaw to the new act.

I think the biggest flaw is that Thai jurisprudence is ridiculously corrupt and there would be no way a large corporation is going to receive any kind of real settlement against them regardless. They can write all the fancy laws they want but the system is inherently broken.

[Harcourt]

This is perhaps the biggest potential flaw to the new act.

I think the biggest flaw is that Thai jurisprudence is ridiculously corrupt and there would be no way a large corporation is going to receive any kind of real settlement against them regardless. They can write all the fancy laws they want but the system is inherently broken.

You may be right.....I'm idealist enough to hope you are not.

[prefabs]

Because it is free, it has overlaoded the system already. Here is an experience of how it worked for a friend of mine recently. Filed a case against a developer. Waited 2 months for a court date. On the day, guy didn't turn up. so another date was set for one month later with the agreement of all parties.. He didn't turn up again, his lawyer said he was out of the country on business. Judge said to get another date. First available date was 53 weeks later. 3 hours later, when he arrived home, the guy was abused at is door by the "out of country on business" developer.

When he asked his lawyer about this, he was told "they all do that, to waste time" He wasn't in the least interested about the guy lying to the court about the non appearance, normal thing here in LOS, apparently

There is a conflict of information here: From the OP, ".....Another important streamliner for the legal process is the fact that only one postponement of 15 days or less will be allowed,...."

Someone's lawyer was not doing his job, or the OP is misinformed, or this story is misinformed.

Correct as far as the lawyer is concerned, but the story is true. Seems all the lawyers want to do is turn up, eat what shit is given out and come back another day.

[Maizefarmer]

Having a law that makes it possible or easier to complain is one thing.

Getting something done, or getting the judgement enforced, can often be quite another thing.

[bkkjames]

I think we will find in due course that this particular act is designed to help locals go after multi-nationals and the like over farang using it to go after the local electronics shop / auto repair shop.

Would be pleasantly surprised if this turns out not to be the case but not holding my breath.

[caf]

I can see it now....

an additional 15% surcharge for future legal fees tacked on to the retail price.

Hold on to your seats boys and girls, Thailand is getting modern

I couldn't agree more - all Thailand needs is increased government interference & regulation.

Won't be long before the Thai Visa cheer squad start clamouring for parking meters & demanding regular health inspections of all noodle carts.

Regulatory constraints equals increased costs, next thing you have is "Thailand Is Not Cheap" threads & the country becomes about as interesting as Scunthorpe on a Saturday night.

I don't share your doom and gloom. all this is doing is making a basic move forward in consumer protection. it may not work very well TIT but applaud it , don't knock it or throw a wet blanket on the initiative.

15% is just scaremongering.

[zzaa09]

I can see it now....

an additional 15% surcharge for future legal fees tacked on to the retail price.

Hold on to your seats boys and girls, Thailand is getting modern

Modern is a reference to a time measurement and period. You're probably intergrating a Western standard of civilisation and confusing it with what moderism might be.

[zzaa09]

Well, it's a start.

Why not copy the "Sale of Goods Act. UK"

Best legislation in the world for consumers.

Agreed, and the Consumer Protection Act is an even more powerful tool for the consumer. Hope thailan can copy

Caveat Emptor is even a better concoction, without the added overlording of government and corporations {one-and-the-same} in ones life.

[ozzieovaseas]

I think we will find in due course that this particular act is designed to help locals go after multi-nationals and the like over farang using it to go after the local electronics shop / auto repair shop.

Would be pleasantly surprised if this turns out not to be the case but not holding my breath.

Definately,

In any case,if it were to be utilized by farangs against a 2 bob thai electronics store they would probably require a 300 page dossier written in thai and a 100k baht "application for complaint fee".. and case closed in 2 years if your lucky.

Actually 200k fee for farang and 50k for thais would probably be more like it.

[salty]

Another crackdown?

[jaideeguy]

Surprised that no one has posted about non performing 'goods' purchased in Pattaya.

[Maestro]

The first thing I do when I hear or read about a new law is look for the full text of it. Here is a link to an English translation of the Consumer Case Procedure Act B.E. 2551 (2008):

http://www.ctlo.com/data/Consumer%20Case%2...edure-En-WN.pdf

Happy reading!

--

Maestro

[Dakhar]

I can see it now....

an additional 15% surcharge for future legal fees tacked on to the retail price.

Hold on to your seats boys and girls, Thailand is getting modern

Modern is a reference to a time measurement and period. You're probably intergrating a Western standard of civilisation and confusing it with what moderism might be.

""The term "modern" was coined shortly before 1585 to describe the beginning of a new era...."" http://en.wikipedia.org/wiki/Modern_history

How much do I owe you for an attempt of an English lesson? (Always on the job, one has got to respect that in a person)

[thaihome]

I can see it now....

an additional 15% surcharge for future legal fees tacked on to the retail price.

Hold on to your seats boys and girls, Thailand is getting modern

Modern is a reference to a time measurement and period. You're probably intergrating a Western standard of civilisation and confusing it with what moderism might be.

""The term "modern" was coined shortly before 1585 to describe the beginning of a new era...."" http://en.wikipedia.org/wiki/Modern_history

How much do I owe you for an attempt of an English lesson? (Always on the job, one has got to respect that in a person)

I think you missed his point. He was using a strict definition of the term modern while the poster was using it describe western civilization and the current nanny culture that exists in that.

TH

modern  /ˈmɒdərn/

–adjective 1. of or pertaining to present and recent time; not ancient or remote: modern city life.

2. characteristic of present and recent time; contemporary; not antiquated or obsolete: modern viewpoints.

3. of or pertaining to the historical period following the Middle Ages: modern European history.

4. of, pertaining to, or characteristic of contemporary styles of art, literature, music, etc., that reject traditionally accepted or sanctioned forms and emphasize individual experimentation and sensibility.

5. (initial capital letter) new (def. 12).

6. Typography. noting or descriptive of a font of numerals in which the body aligns on the baseline, as 1234567890. Compare old style (def. 3).

[Dakhar]

One thing is for certain, TV is not short on English teachers.

[caf]

Well, it's a start.

Why not copy the "Sale of Goods Act. UK"

Best legislation in the world for consumers.

Agreed, and the Consumer Protection Act is an even more powerful tool for the consumer. Hope thailan can copy

Caveat Emptor is even a better concoction, without the added overlording of government and corporations {one-and-the-same} in ones life.

sorry, i don't understand this reply.

[LooseCannon]

I can see it now....

an additional 15% surcharge for future legal fees tacked on to the retail price.

Hold on to your seats boys and girls, Thailand is getting modern

I couldn't agree more - all Thailand needs is increased government interference & regulation.

Won't be long before the Thai Visa cheer squad start clamouring for parking meters & demanding regular health inspections of all noodle carts.

Regulatory constraints equals increased costs, next thing you have is "Thailand Is Not Cheap" threads & the country becomes about as interesting as Scunthorpe on a Saturday night.

I don't share your doom and gloom. all this is doing is making a basic move forward in consumer protection. it may not work very well TIT but applaud it , don't knock it or throw a wet blanket on the initiative.

15% is just scaremongering.

15% Who knows?

The point is for business to comply with these types of laws & regulations there is an increased cost which is always passed on to the consumer. Governments love to enact these regulations in their quest to grow, increase revenue, to control & micro manage every aspect of their citizens lives with the ultimate goal of creating full dependency.

Thailand gradually morphs into into an Asian clone of the 'western welfare state'.

Looking forward to the government finally enacting Racial Vilification Legislation where use of the word 'farang' is outlawed, & the "victims" of this racial vilification can affect civil penalties against their persecutors. Most likely the result of years of lobbying & activism by the dedicated minority members of Thai Visa, this achievement will always be cited as a revolutionary political development.

Thai Visa is full of postings reveling in the freedom that Thailand provides with the absence of petty legislation, government regulation, interference & meddling, & it's total lack of political correctness. Now we have people applauding the very thing they ran away from.

"I have a dream that one day the state of Thailand, a state sweltering with the heat of injustice, sweltering with the heat of oppression, will be transformed into an oasis of political correctness & over regulation."

[bendejo]

When you left your safe European home 'consumer protection' is one of the things you left behind. This ain't Caucasia, and I can't get over that guys who have been here for years still haven't figured that out. People like to claim great knowledge, and back it up with the claim they've been doing it for oh-so-many years. The notion that time brings wisdom, well, as the song goes, it ain't necessarily so.

A Thai judge ordering a Thai to pay restitution to a farang?

And in the rare case where it just might happen, I'd like to see how the order is enforced. More likely unsavory characters loitering outside your house.

[kurnell]

When you left your safe European home 'consumer protection' is one of the things you left behind. This ain't Caucasia, and I can't get over that guys who have been here for years still haven't figured that out. People like to claim great knowledge, and back it up with the claim they've been doing it for oh-so-many years. The notion that time brings wisdom, well, as the song goes, it ain't necessarily so.

A Thai judge ordering a Thai to pay restitution to a farang?

And in the rare case where it just might happen, I'd like to see how the order is enforced. More likely unsavory characters loitering outside your house.

Do you have any evidence or are you just paraphrasing what you have heard countless times on Thai Visa?

[Foggy Bottom]

Well, it's a start.

Why not copy the "Sale of Goods Act. UK"

Best legislation in the world for consumers.

Agreed, and the Consumer Protection Act is an even more powerful tool for the consumer. Hope thailan can copy

Personally, I think overlegislation of that type has led to the demise of the UK as a nest for independent thinking and risk taking - Caveat Emptor made people think about what they did (or bought) and that simple cause of minute-by-minute thinking escalated people's ability to think incisively in other situations.

Nannied to death, the UK has become a bland, whinging, rules-dependent bog ... the Aussie saying of "Whinging Pom" springs to mind and becomes ever more accurate with every new "consumer protection" law introduced there.

Heaven forbid Thailand goes the same way - there's already enough challenges for getting people to think deeply or incisively here - and it would seem that increasingly the farang population are falling into the same habits ... or did they bring that condition with them from their legislatively over-protective nanny-states?

Foggy