Legal Corner

The Act seeks to simplify the procedures and reduce the cost for consumers wishing to file a complaint against business operators. It covers disputes between consumers and business operators regarding rights and duties under law and claims for injury or damage caused by unsafe products.

The Consumer Protection Board, acting on the consumer's behalf, may enter an action with the Court of First Instance against a business operator if there is a dispute involving rights or duties resulting from the con¬sumption of goods or services, or if the goods or services have caused dam¬age.

If there is an injury to life, body, health or physical condition as a result of a substance accumulated in the body of the consumer or if it takes a considerable time for symptoms to appear, the consumer must file the complaint within three years of learn¬ing of the injury or damage and iden¬tifying the responsible business oper¬ator; or not later than 10 years after the discovery of the injury/damage, where the business operator cannot be identified.

The court has the power to impose liability on both manufacturers and importers even though only one or the other has actually been charged.

The court has the power to adjust the amount of compensation if it appears unreasonably high or low. In cases where the actual extent of the damage cannot be gauged during the trial, the court may reserve the right to amend its judgement, provided it does so within 10 years from the promulgation of the original judge¬ment.

In addition, punitive damages may also be awarded for deliberate vio¬lations or gross negligence. However, the amount of the punitive damages shall not exceed twice the amount of the actual com¬pensation fixed by the court.

A Consumer Case Section in the Court of Appeal has also been established to hear appeals against judgements of the Court of First Instance.

The new procedures facilitate the protection of consumer rights by making it easier to file an action and settle disputes. Consumers may now be encouraged to file suits that they would previously have shied away from. Business operators should care¬fully assess their business agreements and practices in order to minimise the risk of lawsuits.

If more information is needed on the Consumer Case Procedure Act, please contact the writer at pat¬tanapong.srinarm@mayerbrown¬jsm.com or visit www.mayerbrown¬jsm.com