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WHO SHOULD BE HELD LIABLE FOR DEFECTIVE PRODUCTS ?

A defective product is one where its safety is not up to a standard that a person is generally entitled to expect.

The producer of the product, the person holds himself out to be the producer of the product and the importer are the people who may be held liable for any damages caused wholly or partly by a defect in the product.

A consumer can claim for damages through the Tribunal for Consumer Claims or under the Civil Law Act 1956.

Under the Consumer Protection Act 1999, a person is prohibited from excluding or limiting his or her liability for any loss or damage caused by a defect in a product.

HOW DO I FILE A COMPLAINT ?

Before any problem arises, it is always advisable for you to keep the receipt, original warranty letters or policies regarding guarantee, date, supplier's name and necessary letters of reference in an appropriate place and this practice should continue constantly. Important information is needed when filing a complaint.

Prior to filing a complaint, you should first inform the supplier immediately and try to solve the problem with the supplier and bringing along the receipt or proof of purchase. Always be calm when meeting the manager or shop owner.

Where the problem can't be solved by the supplier, make a formal complaint in writing. Your letter must be short, clear and precise and be enclosed with photocopies of all necessary documents.

Try to get evidence by asking around if there is anybody else who might be facing the same problem. Compile all the necessary data and statistics to prove the originality of the complaint.

You may also need to refer to specific law that covers the complaint. Excerpt of suitable law can support your complaint.

Follow up and write down every progress you have made, in chronological order.

If no attention is given to your complaint, and you need assistance or advice, you should contact the Consumer Associations or the Enforcement Office.

You should then submit your complaint in writing with all the supporting documents to the Ministry of Domestic Trade and Consumer Affairs, Consumer Affairs Division.

Your complaint should contain the name, description and the address of the complainant and opposite parties, the facts relating to complaint and when and where it arose and the relief which you are seeking.