Thursday, September 4, 2008

New Thai Law Streamlines Consumer Complaints

New Thai Law Streamlines Consumer Complaints
on the 23rd of August, a new Thai legislation came in effect, known as the Consumer incident Procedures act. prior to this deed's inception, it possessed been logistically moreover legally difficult intended consumers apex make complaints against corporations, inclusive of travel, court costs moreover time creating significant difficulties intended consumers. This fresh law makes provisions intended the location of court cases moreover who is responsible intended paying court costs, as fine as the handling of repeat complaints opposed to 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 compel entrepreneurs, which encompass greater bargaining power than consumers, to prove their cases". Mr Teeravath pointed to previous cases where, but Thai law might have supported the consumer, they was previously unable to receive compensation otherwise to continue inclusive of their complaint because they possessed to voyage to civil courts from the residence jurisdictions. This effectively made justice out of the reach of numerous, especially those in rural areas.
Companies moreover require to be aware of this Thai business legislation, especially as regards their regulations moreover procedures. single important adjustment to Thailand's consumer law inclusive of this fresh act is the actuality that if a repeat complaint is brought opposed to a company, where the company before lost the case, there will be negative trial. The judgment of the fresh incident would be based on the previous complaint, inclusive of related penalties otherwise compensation applied.
Business legislation into Thailand will moreover be affected via the reduction into the number of courts that will handle consumer complaints - the court of primary instance also one appeal court are the only avenues open to businesses also consumers who disagree. This is single measure which will assist inclusive of overcrowding of the legal system into Thailand. extra crucial streamliner for the legal process is the actuality that only single postponement of 15 days or fewer will be allowed, thus companies will need to be efficient at gathering needed documents moreover evidence - as will consumers.
The new Thai legislation had its first quiz recently, meantime former Bangkok senator Chirmsak Panthong complained regarding lax security, suing the director of Nakhom Si Thammarat provincial airport, also the budget airline Nok oxygen.
This complaint was beneath the new Thai legislation's provision that affected persons can file charges against bad goods also service providers in court. Mr Chirmsak said that examine-into staff possessed not searched passengers for weapons previously they boarded the aircraft. Mr Chirmsak said ''I told the staff participant that such [lax security measures] would put our lives at high risk. That female staff member alleged I possessed to remove risks today [Aug 16]. I didn't sense good also was worried as there was before 150 passengers active board the flight. If someone had hidden explosives, we would have died en masse,''
''This is a incident of negligence also a reckless deed that might bring concerning serious damage to the lives also property of passengers. I decided to bring the incident to the court's concentration", he continued. The court reprimanded the airline.
Under Thailand's new consumer laws, complainants do not have to wage court fees, unless if the damages sought are deemed to be excessive, or the suit is found to be unreasonable. still if complainants lose the suit, as long as the first two conditions are met, thither will be negative court fees charged to them. nevertheless, check with your Thailand legal service, as companies are required to wage court costs into the event that they lose the case.
The fresh laws are broadly hailed as levelling the playing field and making consumer law in Thailand much fairer.

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