What is the purpose of the claims made form?

What is the purpose of the complaint?

In Article 37 of Law 5/2013, of April 12, for the Defense of Consumers in the Autonomous Community of La Rioja, states that all existing establishments in the territory of Autonomous Community of La Rioja where products and goods are marketed and services are provided will have at the disposal of the consumer complaint forms whose existence must be informed. The sign announcing their existence must be in a place visible to the consumer.

The claim forms will be made up of unitary sets of forms, consisting of three pages per set, the first of which will contain the original signature of the parties involved and will be the copy that the claimant must deliver to the Administration, while the remaining two copies will be for the claimant and the person complained against. It will be the obligation of the competent Administration in the matter of consumption the opportune answer to the claimant, by means of motivated writing on the indicated claim and the actions carried out or foreseen, as the case may be.

How to make a complaint

In the complaint, the consumer can state his complaints by expressly mentioning a specific claim (for example, refund of the price of a good), or simply state what he considers to be an infringement. In this case, the complaint sent to the administration would have the character of a denunciation.

In the case of a specific complaint from the customer, the administration can act as a mediator in the conflict between the two parties. The competent administration receives the complaint form and opens proceedings to verify the complaint and can mediate in the conflict, even referring the parties involved to an arbitration procedure. This arbitration procedure, if accepted by the parties, would replace the ordinary jurisdiction, which in any other case would always remain at the disposal of the consumer.

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The most frequent complaints, related to the quality of the product, are usually for being in poor condition, not meeting the promised standard, not being as expected or other reasons. There may also be complaints about the service, due to delays or non-compliance with dates, not being sufficiently satisfactory or not complying with the contract, among others. In relation to the price, the reasons for which claims are usually made are due to errors in the application of the price in the order or invoice, the inclusion of V.A.T. not foreseen by the customer, finding the product at another price from another supplier or a misinterpretation by the customer. Regarding technical complaints, they may concern a general malfunction or a malfunction of a particular part, too many breakdowns or too much time spent on maintenance. On the other hand, complaints about staff service are usually made because the customer does not feel adequately cared for.

How to make a complaint to a company online

All companies and establishments that sell goods or provide services in Andalusia have a series of obligations related to complaints and claims forms, which are regulated in Decree 472/2019.Etiquetas:

When providing a service or marketing a product, it is important to know how to properly address the complaints and claims sheets that could be filed by consumers and users, as well as to know the applicable regulations and the obligations arising therefrom.

In order to facilitate the access of companies and professionals operating in Andalusia to all the necessary information in this regard, from Consumo Responde has developed a complete guide “Keys to address complaints and consumer claims in your business” (download guide).

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By virtue of the Order of February 9, 2015, proceeded to the liberalization in the edition, distribution, marketing and printing of complaints and claims sheets, therefore each company or professional may order them to any printer or acquire them in those establishments that market them. The sheets are no longer sold at the Provincial Consumer Services, so it is no longer necessary to go to the provincial capitals to purchase them.

How to write a complaint to a travel agency

Based on the above, it should be noted that, when in the field of consumption we are talking about a claim or complaint, a number of requirements must be met so that, if necessary, it can proceed to its processing.

Thus, a claim or complaint must always be made by a consumer or user against a company. In this sense, from the point of view of the protection of consumers, claims or complaints in which what is being elucidated is a relationship between companies or between consumers will never be admitted.

In addition to the above, it is not enough that the parties in conflict have the character of a company on the one hand and a consumer or user on the other, but that the conflict derives from a consumer relationship, that is, that it occurs when a consumer turns to a company to obtain a good or service because it is the object of its business. Based on the above, it is when a consumer or user can file a claim or complaint against a company, which makes it necessary to explain the distinction between claim and complaint.

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