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Consumer Complaints Resolution

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HANDLING YOUR OWN COMPLAINT


IDENTIFY PROBLEM GATHER DOCUMENTATION GO BACK WHERE YOU MADE THE PURCHASE WRITE A FORMAL LETTER OF COMPLAINT
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CONSUMER COMPLAINTS (Under RA 7394)


Motu propio DTI Provincial Office initiates the filing of complaint/formal charge
Subscribed & Verified Complaint private complainant initiates the filing of the complaint.

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CONSUMER ARBITRATION OFFICERS


Jurisdiction
Original and Exclusive
Mediate Conciliate Hear and Adjudicate All consumer complaints

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APPLICABILITY OF RA 7394 (Consumer Complaints)


Subject Matter
consumer product or service (except with respect to sales
promo and consumer credit transaction provisions of RA 7394)

Complainant
must be a natural person

Law Violated
provision of RA 7394
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Where can a consumer complaint be filed?


The administrative complaint shall be filed in triplicate with the Provincial Office having jurisdiction over the subject of the complaint. In cases where the complainant and respondent are situated in different provinces, the complainant has the option to choose the place where to file the complaint. The civil/criminal action shall be filed with the appropriate regular courts (Municipal Trial Court/Regional Trial Court).
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RESOLUTION OF CONSUMER COMPLAINTS (Flowchart)


FILING OF COMPLAINT NO ANSWER FILED Respondent in default NO COMPROMISE/SETTLEMENT CAO certifies failure of mediation CAO issues summons W/in 10 days upon receipt of summons, respondent to file his answer

PO/CAO ISSUE NOTICE OF MEDIATION

FORMAL HEARING A. EX-PARTE B. TRIAL ON THE MERITS

MEDIATION CONFERENCE

COMPROMISE AGREE. REACHED CAO issue reso. approving the CA NON-COMPLIANCE Parties may file Motion for Exe. or complainant may Ask for the revival of complaint

15 days after termination of Hearing DECISION

INDORSE TO OTHER AGENCIES

Parties Complied the CA CASE RESOLVED

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How are consumer complaints resolved?


Complaints are resolved through: The implementing agency where the complaint is filed, after jurisdiction is determined, will call the parties for mediation conference and find ways for amicable settlement. If no amicable settlement is arrived at, the complaint will be scheduled for preliminary conference for the parties to enter into stipulation of facts or arrive at simplification of issues. Formal hearing will be conducted by the Arbitration Officer and decision will be rendered. Decision of the Arbitration Officer is appealable to the Secretary of the concerned Department within 15 days from receipt of the decision.
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What are the remedies available to consumers?


For Administrative Proceedings: replacement or repair of product or services refund of payment made restitution or rescission of contract reimbursement to complainant of amount spent in pursuing the complaint imposition of administrative penalties
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For civil/criminal action: award of damages replacement or repair of product or services refund of payment made restitution or rescission of contract reimbursement to complainant of amount spent in pursuing the complaint criminal action - defendant, if found guilty by the court can be sentenced to imprisonment or payment of fine or both, at the discretion of the court.
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