A. What is the Consumer Protection Act of Thailand?
The Consumer Protection Act of Thailand, enacted in B.E. 2522 (1979), establishes a comprehensive framework designed to safeguard consumer rights within the country. This legislation aims to protect consumers engaging in transactions with businesses—whether those transactions involve purchasing goods, importing products for sale, or obtaining services. It ensures that consumers are shielded from unfair practices and are supported in instances where disputes arise from commercial agreements.
Key Protections Under the Consumer Protection Act:Information and Description: Consumers have the right to receive accurate and sufficient information regarding the quality of goods or services.
1. Freedom of Selection: Consumers are entitled to choose their goods or services freely.
2. Safety: The Act guarantees consumer safety in the usage of goods or services.
3. Fairness in Contracts: It ensures fairness in the contractual agreements between consumers and businesses.
4. Remedial Consideration: Consumers have the right to seek remedies for any damages incurred.
B. Enhancements through the Consumer Case Procedure Act B.E. 2551 (2008)Recognizing the challenges consumers face in resolving disputes with businesses, including the daunting prospect of lengthy and costly court procedures, the Consumer Case Procedure Act B.E. 2551 (2008) was enacted. This Act provides additional protections and procedural efficiencies for consumers:
Exemption from Court Fees: Consumers pressing charges are exempt from disbursement of court fees, facilitating easier access to justice.
Prompt Court Procedures: The Act mandates swift court procedures, such as immediate settlement of issues, and aims to complete mediation, testimony, and investigation processes in a single day.
Default Judgments: If a party fails to appear or represent themselves during hearings, the court may automatically rule against them—deeming defendants in default or striking the plaintiff’s case from the docket.
Statute of Limitations:
For Health-Related Damages: Claims must be filed within 3 years from the date the damage and the liable party are known, not exceeding 10 years from when the damage became known.
For Cases Arising from Wrongful Acts: Claims should be filed within 1 year from the date the damage and the liable party are known, with a maximum limit of 10 years from the occurrence of the act.
Over the past two decades, one of the most significant types of cases we have managed involves consumer disputes, especially concerning condominium purchases in Thailand. At Juslaws & Consult, we strongly advise potential buyers to seek our legal consultation and opinion before finalizing any condominium purchase. Our preliminary approach includes conducting thorough due diligence to identify any potential risks associated with the developer and their project. This proactive measure is designed to safeguard our clients’ interests and investments from the outset.
Should the matter escalate to litigation, our clients can rest assured that they are represented by a team with extensive legal expertise. We pride ourselves on developing and implementing precise strategies tailored to effectively advocate for our clients in court. Our commitment to delivering exceptional legal services ensures that our clients’ rights are vigorously protected throughout the dispute resolution process.