Time for a 'Consumer Protection' agency with real power: Thai editorial

[webfact]

EDITORIAL
Time for a CONSUMER PROTECTION agency with real power
The Nation

BANGKOK: -- More than 15 years after the idea of a powerful independent organisation to protect consumer rights was first introduced in the now-defunct constitution of 1997, such a body has yet to materialise.

An organisation of this kind is now more necessary than ever before, since the number of consumer complaints is increasing.

The constitution of 2007, drafted after the coup, states in Article 61: "There shall be an organisation for the protection of consumers, to be established as an entity independent from state agencies and consisting of representatives of consumers." It says the body shall assist state agencies to make and enforce laws, determine measures for consumer protection, and examine as well as report the performance or omission of acts protecting consumers.

A bill drafted by civic groups for the establishment of an independent consumer-protection body earned the approval of a joint parliamentary vetting committee in January. But it failed to be tabled for parliamentary deliberation during the session that ended in mid-April.

The bill calls for the establishment of the necessary independent body to protect consumers' rights in different areas, such as finance and banking, public services, housing, health services, general products and services, telecommunications, and food, medicine and health products.

There is already a Consumer Protection Board in existence, but the new independent body is expected to help reduce that state agency's workload, and would wield greater power. Suthisak Phataramanawong, deputy secretary-general of the board, has noted many recent cases involving violations of consumer rights, but the agency has insufficient staff to cope. The board's staff is made up of state officials, which limits its ability to scrutinise other state agencies. An independent organisation free from government control

and consisting of consumers' representatives would be the obvious remedy to those limitations.

Senator Somchai Sawangkarn has expressed concern that the draft law might be allowed to "wither and die". He warns that if no agreement can be reached on the structure of the independent agency, Parliament might vote to reject the bill. The senator said ruling politicians disagree with the idea of a large presence of non-government representatives in the mooted organisation. He says they do not like the bill's provisions that would empower the body to scrutinise businesses and identify products and services found to have violated consumers' rights.

It remains unclear whether this bill has been, or will be, tabled for parliamentary approval in this session starting next week. Parliament must deliberate higher-priority legislation like the 2014 budget bill and approval for the Finance Ministry to borrow Bt2 trillion for the government's infrastructure mega-projects.

Nevertheless, an independent organisation to protect consumer rights is also important. Hopefully, lawmakers from both the ruling coalition and the opposition will pass this bill to allow such an organisation to be established.

Some government politicians appear to focus more on protecting the government's image rather than consumers' interests. They seem to care little about recent developments that affect all consumers, including themselves, such as traces of pesticide residue found in packaged rice.

Isn't it obvious to them that people in the government, in Parliament, in big business and in the bureaucracy, as well as their families and loved ones, are all consumers too. It is pure common sense to support any measure that helps protect consumers, including the establishment of an independent organisation that can bite as well as bark.


-- The Nation 2013-07-25

[NongKhaiKid]

" an entity separate from state agencies " ? Not much chance

[jaltsc]

"Isn't it obvious to them that people in the government, in Parliament, in big business and in the bureaucracy, as well as their families and loved ones, are all consumers too. It is pure common sense to support any measure that helps protect consumers, including the establishment of an independent organisation that can bite as well as bark."

When one is blinded by greed and corruption, nothing is obvious and pure common sense goes out the window.

[Rorri]

The Consumer Protection Board is useless, they don't even have the decency to return an email. I know this from first hand experience, after sending a complaint about 3BB's advertised internet speeds where they claim speeds could be lower internationally because of "technical" reasons, this is in fact false, the restriction is purely administrative. If you complain 3BB tries to sell you a higher price package. Consumer Protection Board should be ashamed of themselves, they have failed, "King and country", in their duty.

[noitom]

Consumer protection is at such a direct opposite from the typical Thai philosophy of business which has no honor and respect in and for contract basis at all.

[Baerboxer]

Look at the US, UK or EU and check out the massive amount of consumer protection laws that have been put in place over the last 40 or so years. Even with all this legislation and government agencies and NGOs to complain to there are still many problems and issues. And these are successive governments determined to improve consumer protection and rights.

Thailand - no one is or will be interested. Honouring a contract, providing quality goods and services, through laws, agencies and the legal system here -

Anyone who has tried to complain or inquire about lack of service or poor quality will know what I mean.

[Bagwan]

In the UK every local council employs a trading standards officer. They usually get things done - and trading licences of those who drag their feet can be withdrawn - and then there is the Small Claims Court. This is part of the 'Nanny state' of which I full heartedly approve. Caveat Emptor is not neccesarily a good thing and many a villain hides behind it.

[belg]

things take time

thainessssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssss

[wirat69]

I submitted a detailed complaint to the Office of Consumer Protection Board with accompanying evidence pursuant to the false advertising provisions of the Act. That was back about end of January 2012. I alleged that Kasikorn Bank PLC were in breach of the Act by the Bank's use of "Service Excellence" and accompanying/supplementary phrases. Copied in Bank of Thailand for good measure... having first ascertained who had 'responsibilities' for Kasikorn.

End result... silence from the Office of Consumer Protection Board. Did get a follow up from Bank of Thailand... following which Kasikorn attempted to justify their poor service rather than addressing the complaint about false advertising.

Guess they are all still trying to work out "Why would farang complain?"

[hellodolly]

"Isn't it obvious to them that people in the government, in Parliament, in big business and in the bureaucracy, as well as their families and loved ones, are all consumers too. It is pure common sense to support any measure that helps protect consumers, including the establishment of an independent organisation that can bite as well as bark."

When one is blinded by greed and corruption, nothing is obvious and pure common sense goes out the window.

You had me worried there for a minute. I thought you had gone off the deep end.

Then you explained why the first statement wouldn't work. In fact it is a joke.

[chainarong]

A very noble sentiment, however Thailand needs to come out of a hundred years of sleeping sickness to manage this one , there is far to much at stake for the upper class to loose, if it was a horse race, Thailand would need to try harder, the stewards would have a field day with this filly.

[Torrens54]

I love this country but....

It is so frustrating when companies get away with not taking any real care or responsibility. Even a simple thing like the lack of service with Cable TV. Frequently "down" and when you call them, they claim they are "making adjustments" happens almost every week and if you suggest that they "Adjust their next bill" to refund for the "down-time" they just laugh and say you can go elsewhere.

Also comes down to Thais Not Wanting To Complain. Years ago while running a newspaper office here, the Internet would fail. I'd ask my staff to phone the provider to see what the problem was and how long till it would be fixed. The staff seemed shocked that anyone would dare ask such questions. They'd often come back to say that there was a "problem in Bangkok." I'd then ask just "what kind of problem" and again, the staff would want to run and hide, rather than get on the phone again and "worry" the idiots we were paying to provide the service.

Ah yes, bring on "Consumer Protection" with TEETH in Thailand. It might happen just after, "Pigs Start Flying!"

[Asiantravel]

The Consumer Protection Board is useless, they don't even have the decency to return an email. I know this from first hand experience, after sending a complaint about 3BB's advertised internet speeds where they claim speeds could be lower internationally because of "technical" reasons, this is in fact false, the restriction is purely administrative. If you complain 3BB tries to sell you a higher price package. Consumer Protection Board should be ashamed of themselves, they have failed, "King and country", in their duty.

I don't consider your views are generally representative of foreigners living in Thailand. They certainly responded to me. And other foreigners I've spoken to have also been happy with OCPB .

And one thing I have noticed (and other foreigners have agreed with me) is that you only have to mention to a retailer or business proprietor that you intend to report your complaint to the protection board and very quickly things become much more conciliatory. It is obvious that many businesses are scared by the prospect of having this organisation on their backs. I have no complaints about them.

[DocN]

I once used the Customer Protection in Chaeng Watana...they did NOTHING whatsoever to help in my case.

I mean NOTHING!

[khunken]

The OCPB is a toothless organisation as mentioned in the Op.

Thailand does need an independent organisation, as set out in the 1997 constitution, to give consumers a means of fighting against rip-offs and monopolies. But with amnesties, constitution re-writes & huge budget & loan approvals, it won't get a look in.

Additionally, as the Op says, there is virtually no chance of PTP allowing any new independent organisations to be promulgated as they are trying to remove/intimidate any of the existing ones showing the slightest sign of independence.

[Thai at Heart]

It's only a few years that egat started warning you about maintenance. Many a water tank empty and frozen foods ruined.

[meatboy]

It's only a few years that egat started warning you about maintenance. Many a water tank empty and frozen foods ruined.

now that freezers are more popular than ever isnt about time supermarkets were made to display food eg.chicken,pork,fish ect.that has been frozen but sold as fresh.

if you go to tesco early morning the counters are full of meat some on top are thawed but underneath solid,even later you will see the trays full of water,consumers need to know that any food that has been frozen and thawed out should not be re-frozen.

so there's one job for the consumer protection agency.

[Thai at Heart]

It's only a few years that egat started warning you about maintenance. Many a water tank empty and frozen foods ruined.

now that freezers are more popular than ever isnt about time supermarkets were made to display food eg.chicken,pork,fish ect.that has been frozen but sold as fresh.

if you go to tesco early morning the counters are full of meat some on top are thawed but underneath solid,even later you will see the trays full of water,consumers need to know that any food that has been frozen and thawed out should not be re-frozen.

so there's one job for the consumer protection agency.

And then they can move onto the buses without sufficient axles or which are too high. This really is an issue that is sooo big, I think no one would really know where to start.... I mean for god's sake, in the West, we can sue for tripping on an uneven pavement. Now you can call that a "nanny" state, but if the issue is that areas are supposed to be maintained in a safe manner, for the safety of consumers or the public, there would be barely a building in the country that would completely comply.

[Freedomfighter]

I once returned a pair of brand new shoes to an upscale shop in Emporium. They were a gift from my gf, but a size too small. So with the receipt and the shoes, I returned to the shop for a refund. HA! in spite of the fact that the receipt clearly stated in English and Thai that the item could be returned for a refund and exchange within 7 days, the shop refused to comply and refund me! I was stunned.

Those idiots actually told me to contact the shoe manufacturer and ask them for a refund. OF course the fact that the receipt had THEIR shop name and address, just didn't register in their little Thai brains. Finally I said what the hell, I just cut loose on their sorry asses, mainly to amuse myself, because no refund was gonna happen.

After a prolonged period of destroying as many faces as possible from the Manager on down, with a sizable audience, I left. Amazing Thailand. I told , (now ex gf) to NEVER buy me anything again, unless it was from a western vendor, dealer,company etc.

[Thai at Heart]

The OCPB is a toothless organisation as mentioned in the Op.

Thailand does need an independent organisation, as set out in the 1997 constitution, to give consumers a means of fighting against rip-offs and monopolies. But with amnesties, constitution re-writes & huge budget & loan approvals, it won't get a look in.

Additionally, as the Op says, there is virtually no chance of PTP allowing any new independent organisations to be promulgated as they are trying to remove/intimidate any of the existing ones showing the slightest sign of independence.

A monopolies board? Oh my word, when some of the most gargantuan companies in the country have over 50% market share and hide behind local protectionism, how would that work. They don't get that the consumer is "the country" as opposed to a handful of companies that are free to gouge the people.

[Marisa03]

This Consumer Protection Act set out consumer responsibilities, including the duty to first make a reasonable effort to minimize any loss resulting to from an unfair practice and to attempt to resolve a dispute with supplier before taking action. Improved consumer protection is needed, had there been better protection prior to the financial crisis this would have ameliorated the severity of the crisis and might even have forestalled it.

[thairastawoman]

Hello, do you have the link to the consumer office and do you know how to submit a case ?

Thanks.

[Thai at Heart]

Accountability and liability.

How much are they going to pay the poor souls crushed while working? 100k? 50k?

So your broken fake, poor quality Chinese imported fat fryer doesn't figure.

[Asiantravel]

Hello, do you have the link to the consumer office and do you know how to submit a case ?

Thanks.

just fill in the form and provide copies of all your supporting documents

http://www.ocpb.go.th/ewtadmin/ewt/ocpb_eng/main.php?filename=index___EN