Consumer Rights
Mr. Vichai Changhuana[1]
Many of us might have experienced buying either dangerous, substandard, or expired goods, especially those come in sealed packages such as toys, gift hampers, or monk offering sets. In these cases, the question would be “who is responsible for the damage?” Let's take a look at consumers’ rights.
Consumer protection measures are established by law for protecting buyers as follows;
1. Right to be Informed
Consumers are entitled to the right to receive accurate and sufficient information and description of goods or services without being deceived or misled.
2. Right to Choose
Purchasers have the right to freely select goods or services without unfair inducement.
3. Right to Safety
Buyers must receive goods or services that meet the standard and do no harm to his or her life, body, or property.
4. Right to a Fair Contract
This is the right to have a fair contract from merchants. The terms in the contract must not contain exploitative clauses.
5. Right to Seek Remedies
Consumers have the right to seek compensation for any damage or injury resulting from the usage of the products or wrongful conducts of business operators.
According to the law, the term “consumer” refers to a person who buys or obtains services from a business operator, regardless of whether such person is the one who directly buys or obtains the services or not. Consequently, a person who receive a product from someone else can also be considered as a consumer and must be protected under the law.
The Consumer Protection Act B.E. 2522 stipulates the establishment of the Office of the Consumer Protection Board (OCPB) to oversee and enforce the law protecting consumers from being taken advantage of by business operators. The Office also handles complaints received from consumers and initiates legal proceedings according to the consumer protection laws.
The complaint handling process starts when consumers file a complaint, addressing the damage occurred from the goods or the services, with the Office of the Consumer Protection Board (OCPB). Once the complaint is received, all documents will be screened and sent to the division responsible for consideration of such complaint. The consumer and the business operator then will be called for the mediation. If the mediation is unsuccessful or a violation of consumer rights under the Consumer Protection Act B.E. 2522 is recognized, the complaint will be submitted to the subcommittee to defer it to the Consumer Protection Board for consideration and determination. After that, the complainant will be informed.
the Consumer Protection Board also have authority to prohibit the sale of harmful goods and services. Business operators who refuse to abide by such order shall be liable to imprisonment or to a fine. The examples of goods that have been prohibited by the Board due to their unsafe nature are fake braces and water growing toys.
Owing to the fact that consumers who suffer from a problem related to goods or services are protected under the law, it is crucial for business operators to aware of their duty to make certain that their products or services are standardized and would not infringe consumers’ rights. A fine or an imprisonment term would be imposed for the violation of the law.
Consumer Case Division
July 2024
[1] Senior Justice of the Court of Appeal
