This information is for reference only and is not legal advice. Consult a licensed lawyer before any transaction.
Act on Procedures for Consumer Cases B.E. 2551 (2008)
Act on Procedures for Consumer Cases B.E. 2551 (2008)
The information is reviewed and updated monthly against official sources.
In short
Fast, cheap consumer court: file orally or in writing, usually no court fees, and often the business, not you, must prove the facts.
What is a consumer case: Scope: which disputes are consumer cases
A consumer case is a civil dispute between a consumer (or a person standing in for the consumer, such as the Consumer Protection Board) and a business operator, arising from the consumption of goods or services or from a contract between them. It also covers claims under the Product Liability law and other claims the law treats as consumer cases. If a court is unsure whether a matter qualifies, the question is decided by the Chief Justice of the relevant Court of Appeal, whose ruling is final. For a foreigner this means disputes with developers, agents, landlords, banks, insurers and shops about goods or services usually fall under this Act.
Easy filing (oral or written): Simple filing, including by oral statement
A consumer does not need a formally drafted pleading. The claim may be submitted in writing or stated orally to the court clerk, who records it for the consumer. The procedure is designed to be informal so that people without lawyers can use it. This lowers the practical barrier for an individual buyer who cannot afford to prepare a full legal complaint.
Court fee exemption: Exemption from court fees
A consumer who brings a consumer case is generally exempt from court fees, which removes a major cost of going to court. This exemption is not unconditional: if the court finds the consumer sued without reasonable grounds, claimed grossly excessive damages, or conducted the case improperly, it may order the consumer to pay the fees. The exemption applies to the consumer side; a business operator that sues a consumer does not enjoy the same blanket relief.
Section 29: Reversed burden of proof on the business
Where facts about the production, assembly, design, formula or composition of goods, the provision of a service, or the operator's internal undertakings lie within the knowledge or control of the business operator alone, the burden of proving those facts falls on the operator, not the consumer. This recognises that a buyer usually cannot access the technical or internal information needed to prove a defect. For a foreigner it means you are not automatically required to prove matters that only the developer, manufacturer or service provider can know.
Powers of the court: Active court: mediation, inquiry and flexible relief
The consumer court takes an active, inquisitorial role rather than waiting passively for the parties. It encourages settlement and mediation, may call for evidence and question witnesses on its own initiative, and aims to hear and decide cases quickly, often gathering testimony in a continuous session. In its judgment the court may, where justice requires, order relief that differs from or goes beyond what the consumer expressly requested, and may attach conditions or order future compliance measures. This gives the judge real tools to deliver a practical remedy.
Section 42: Punitive damages for bad-faith operators
If the business operator acted in bad faith, or knowingly or through gross negligence ignored the safety of consumers or failed to act after learning of a problem, the court may award punitive damages in addition to actual damages. The punitive amount is capped (broadly, up to about twice the actual damages awarded), and the court sets it in light of the seriousness of the harm and the operator's conduct and benefit gained. This deters businesses from exploiting consumers who individually have little to lose.
Limitation period: Limitation periods and settlement suspension
Consumer claims are subject to the limitation periods set by the underlying law, for example product liability claims run three years from when the injured consumer knew of the harm and the responsible operator, and in any case within about ten years from the date the goods were sold. If the limitation period is close to expiring, the court may extend the time for filing in appropriate cases, and the running of the period is suspended while the parties are negotiating a settlement. A foreigner should still act promptly and keep records of when a defect or harm was discovered.
Representation and group claims: Help and group claims through the Consumer Protection Board
A consumer does not have to litigate entirely alone. The Consumer Protection Board (OCPB) and certified consumer associations may bring or support a case on behalf of consumers, and the procedure is compatible with group or class-style claims so that many people harmed by the same conduct can be handled together. This is useful where individual losses are small but many buyers are affected, such as a problem common to all units in a development. A foreigner can seek assistance from these bodies rather than financing a full private lawsuit.