Consumer Protection
The Consumer Protection Board of Thailand is the most effective and prominent institution. The Prime Minister is the Chairman of the Consumer Protection Board. The function of the board is to register the complaints of consumers and then do institute legal proceedings in case of any violation of the rights of the consumer. The objective of this board is to protect the consumers and provide them a comfortable and cooperative environment for work. Consumer Protection Board covers three major areas of consumer protection;
1. Consumer Protection in Contract
2. Consumer Protection on Advertising
3. Consumer Protection on Labelling
Duties of Consumer Protection Board:
Consumer Protection Board has the following duties;
1. Register the complaint of consumer, violation of his rights due to wrongful act or negligence of businessmen
2. To investigate the wrongful act of the accused and award the consumer with compensation and remedies available in the law
3. To provide answers to any question of law of consumer protection
4. Conduct study and research to make new rules, law according to the situation for the benefits of consumers
5. Provide education information to consumers so they can aware of their rights and in case of any violation their remedies
6. To Compensate the consumers by giving them compensation, extra services, privileges, and other economic support
7. To do any other acts as entrusted by the Board or the ad hoc committees
civil litigation
1. Consumer Protection against Labelling
Labelling means the process of attaching a descriptive phrase or words. It shows the entity of the product and the company that made the products. The products which are imported from other countries shall run by label-controlled goods. The manufacturers are bound to mention all the important information regarding the product on the label. For example Its ingredients, advantages, disadvantages, risk, protection, etc.
If any production house or manufacturer did not mention the important elements of the product in the label, he is answerable before the committee of labelling. If due to the wrongful act or negligence of the manufacturer the consumer faced any economic or non-economic damages, he can reach the consumer board protection to recover the damages.
2. Consumer Protection on Advertising
If due to any advertisement the consumer faced economic or non-economic loss, he can reach the consumer protection board to recover the damages. Advertising can violate the rights of the consumer. He has the legal right under consumer protection law to demand compensation and other remedies mentioned in the law. For example, the manufacturer of the products advertises the wrong information about the products. When consumers used it, he faced economic loss (financial loss in case of any medical treatment), non-economic loss(Emotional injuries, depression, stress, etc). He can reach the consumer protection board to recover the damages from the advertiser.
The consumer protection board of Thai Land has elaborated that, if any advertiser is confused that his advertisement will infringe the rights of any consumer, etc. He can request the Advertising committee of the Consumer protection board. The committee will check the advertisement content and respond within 30 days. It will help to prevent any violation of consumer protection law.
3. Consumer Protection in Contract
The Consumer Protection Board has declared that any business contract on the sale of goods or services will be made in written form. It should be an original admissible document before the court in case of any violation. The contract should be according to the format provided by the Contract Committee of the consumer protection board.
A contract between the businessmen and consumer shall have the following description;
1. There should be equal rights for both contracting parties. The businessmen should not include any terms which create disadvantages for the consumer.
2. No unfair terms should be included in the contract. The businessmen should clear all the terms according to the instructions of the contract committee.
Procedure to File Complain in Consumer Protection Board:
If your consumer protection rights are violated, you can file an online application on the website of the consumer protection board. The office of the consumer protection board will take 2 months to check and approve the application. If the application is valid and acceptable before the law, the OCPB will send notice to the accused and start investigating the issue. 90% of cases in OCPB are decided by negotiation as the committees play an important role as mediator. Almost 10% of cases go for litigation.
According to the Office Of Consumer Protection Board, the top three reasons for the complaint are the following;
1. Contractors fail to complete the construction within a given time
2. Contract termination and refund
3. Defect or faults after completing the work
You can also file the application in the English to Consumer Protection Board. There is no need to write in the Thai language. The OCPB has allowed consumers to submit online applications in English. The reason is due to a large number of foreignconsumers, especially from China.