CONSUMER PROTECTION ACT
The Consumer laws in Thailand is governed by the Consumer Protection Act, 1979 as amended in the year 1998.
Consumer means a person who buys goods or obtains services from a businessman (seller, manufacturer or importer of goods sale, or purchaser of goods for re-sale, person who renders services) and a person who duly uses goods or a person who duly obtains services from such businessman.
CONSUMER PROTECTION BOARD
A Board called the "Consumer Protection Board" has been established:
- to consider the complaints from the consumers who suffer hardship or injury resulting from the acts of the business man;
- to proceed with the goods which may be harmful to the consumer;
- to issue or publicize information concerning goods or services which may case damage to or be pre judicial to the right of the consumers and for this purpose, the names of such goods or service or the name of the business man may be specifically
- to give recommendation and advice to the ad hoc committees, and consider and determine appeals against order of the ad hoc committees;
- to lay down rules concerning the performance of duties the ad hoc committees and sub-committees
to institute legal proceedings regarding the infringement of the consumer's right as Board thinks fit or when there is a request;
The consumer shall have the full knowledge about the goods that he/she is purchasing or the services he is obtaining. The basic objective of the Act is that the businessman shall not deceive the Consumer and rights of the consumer to be protected.
The purchasing consumers has the following rights:
- the right to receive correct and sufficient information and description as to the quality of goods orservices;
- the right to enjoy freedom in the choice of goods or service
- the right to expect safety in the use of goods or services;
- the right to receive a fair contract
the right to have the injury considered and compensated in accordance with the laws on such matters or with the provision of this Act.
The Businessman shall first prepare the label and then market the label of label-controlled goods of the following descriptions:
- it shall contain truthful statements and have no other statements which may induce misunderstanding as to the material facts concerning such goods;
- it shall contain the following statements:
- the name or trade mark of the manufacturer or the importer for sale;
- the place of manufacturing or the place of operating import business;
- the statements which indicate what the goods are; in the case of imported goods, the name of the manufacturing country shall be specified;
- it shall contain necessary statements such as
- usage, recommendation,
- caution and
an expiry date in the case of goods which can be expired or in other cases to protect the consumer rights;
PUNISHMENT AND PENALTY FOR INFRINGING THE CONSUMER'S RIGHT
- Any businessman who with an intention to cause misunderstanding
- as to the origin, condition, quality, quantity or other essential matters concerning goods or services, advertises or
- uses a label containing a statement which is false or know or should be known to cause the misunderstanding
shall be liable to imprisonment for a term not exceeding six months or fine not exceeding fifty thousand Baht, or to both.
If the offender commits the same offence again, the offender shall be liable to imprisonment for a term not exceeding one year or fine not exceeding one hundred thousand Baht, or both.
- Any person who sells the label-controlled goods:
- without having labels displayed thereon or
- having labels incorrectly displayed thereon or
- sells goods bearing labels which the Committee on Labels has prohibited the use
- and knows or ought to have known that the non-display of label or the display of such label is against the law,
shall be liable to imprisonment not exceeding six months or fine not exceeding fifty thousand Baht, or both.
If the act is committed by a manufacturer or importer for sale repeatedly, the offender shall be liable to imprisonment for a term not exceeding one year or fine not exceeding one hundred thousand Baht, or to both.
- A businessman who fails to:
- deliver the contract having contract terms or
- contract terms with the correct form or
- deliver the receipt of payment containing correct particulars and statements
to the consumer within the period of time as agreed shall be liable to imprisonment for a term not exceeding one year or fine not exceeding on hundred thousand Baht, or both.