Consumer Cases
Cases arising from unsafe products, condominium juristic person cases, sales cases, property lease cases, hire-purchase cases, contract-for-work cases, transportation cases, personal loan cases, credit card cases, insurance cases, etc.
According to the Consumer Protection Act, B.E. 2522 (1979), the Consumer Case Procedure Act, B.E. 2551 (2008), and the Product Liability Act, B.E. 2551 (2008).
Consumer cases refer to:
1. Civil cases between consumers or those authorized to litigate on behalf of consumers under Section 19 or other laws and business operators who dispute rights or duties arising from consuming goods or services.
2. Civil cases under the law related to liability for damages resulting from unsafe products.
3. Civil cases related to cases referred to in 1 or 2.
Persons involved in the case:
1. Consumer refers to the person who buys or receives services from a business operator or the person who receives an offer or solicitation from a business operator to purchase goods or receive services, and this includes users of the product or those who receive services from the business operator legitimately, even if they do not pay.
2. Business operator refers to sellers, manufacturers for sale, orderers or importers into the kingdom for sale, purchasers for resale of goods, or service providers.
3. sufferer refers to the person who suffers damage from an unsafe product, whether it is harm to life, body, health, mental well-being, or property, excluding damages to the unsafe product itself.
Examples of important Consumer Cases that procedure in the court as follows:
1. Trading Cases include land, houses, commercial buildings, condominium units, and consumer goods.
2. Property Rental Cases include land, houses, and condominium units.
3. Hire Purchase Cases include cars and motorcycles.
4. Hire of Work Cases include construction, extension, and home repair.
5. Goods Carriage Cases include air, water, or land transportation services.
6. Personal Loan Cases include borrowing, guaranteeing, pawning, and mortgaging.
7. Credit Card Cases.
8. Insurance Cases include accident insurance and life insurance.
9. Unsafe Product Cases include drugs, food, cosmetics, vehicles, and electrical appliances.
10. Public Utility Service Cases include electricity and water supply.
11. Health and Beauty Service Cases include beauty and health service establishments.
12. Mass Communication Cases include radio, television, newspapers, and the internet.
13. Educational Service Cases include tutoring schools and language institutions.
14. Sports Related Cases include renting football, tennis, and golf courses.
15. Condominium Juristic Person Cases include housing development juristic persons and condominium juristic persons.
Proceeding Consumer Case
1. The Consumer Court’s jurisdiction or sufferer has the right to sue the business operator in the court where the case originated or the business operator is domiciled. However, the business operator can only sue the consumer in the court where the consumer is domiciled and only at that specific court.
2. The consumer may file a lawsuit verbally or in writing.
3. Court fees for the Consumer Court are exempted, in entirety, from filing the lawsuit through all proceedings. This does not include liability for court fees at the highest level unless the consumer brings a case without proper cause, claims excessive damages, behaves improperly, undertakes unnecessary legal proceedings, behaves in a way that seems to delay the case, or any other behavior deemed inappropriate by the court. The court may order such an individual to pay all or part of the exempted court fees. Failure to comply may lead to the court dismissing the case from the legal records.
4. If the plaintiff is a business operator, they must pay all court fees and will not receive any exemption.
Specialize Court Cases
Labor Case
Labor Cases under the jurisdiction of the Labor Court include:
1. Disputes concerning rights or duties under employment contracts or agreements relating to employment conditions, including:
1.1 Disputes arising from rights or duties under employment contracts refer to cases where there is a claim between employers and employees due to one party’s failure to comply with the employment contract or obligations under the Civil and Commercial Code.
1.2 Disputes concerning rights and duties under agreements about employment conditions, meaning cases originating from disagreements between employers and employees or between employers and labor unions where one party doesn’t adhere to the agreed employment conditions.
2. Disputes related to rights or duties under the Labor Protection Act, the Labor Relations Act, the State Enterprise Labor Relations Act, the Employment Agency and Jobseeker Protection Act, the Social Security Act, or the Compensation Act.
3. Cases that must use the court rights under the Labor Protection Act and the Labor Relations Act are exercised, as per Section 52 of the Labor Relations Act.
4. Appeal cases against decisions made by officials under the Labor Protection Act, by the Labor Relations Committee, or the Minister of the Ministry of Labor according to the Compensation Fund Committee under the Compensation Act.
5. Cases resulting from breaches between employers and employees arise from labor disputes or matters related to employment contracts. This includes torts between employees resulting from working for the same employer.
Filing a case with the Labor Court can be done as follows:
1. Filing a case as verbal at the Labor Court, the court will have officers/legal advisors to provide guidance and assist in the process.
2. Filing a case as writing at the Labor Court similarly can be submitted to the court, but a lawyer should facilitate it.
When filing a labor case, there are no associated fees. According to the “Establishment of the Labor Court and Labor Case Procedures Act, B.E. 2522 (1979) Section 27,” it is stipulated that “Any filing of a lawsuit and any proceedings in the Labor Court shall be exempted from court fees.”
Juvenile and Family Case
The cases within the jurisdiction of the Juvenile and Family Court include:
1. Criminal Cases that Offenses Committed by Children or Juveniles These are criminal cases where the charge alleges that a child or juvenile has committed an offense. The age of the child or juvenile in question is determined by the date the alleged offense was committed. The term “child” refers to an individual under the age of 15 years, and the term “juvenile” refers to an individual over 15 years but has not yet reached 18 years of age.
2. Criminal Cases Transferred from a Court with General Jurisdiction, following Section 97, Paragraph one Juvenile and Family Court and Procedure Act, Section 97, Paragraph one: “For the purpose of this Act, when any person under the age of not exceeding twenty years old the Court having jurisdiction over an ordinary criminal case, if such Court, taking into account physical conditions, psychological conditions, intelligence and habitual conditions, considers such person to be a juvenile, such Court shall have a power to transfer such case to the Juvenile and Family Court having jurisdiction. Such person shall be deemed as a juvenile.”
Paragraph two: “In a criminal case under the jurisdiction of the Juvenile and Family Court, if the Juvenile and Family Court, taking into account physical conditions, psychological conditions, intelligence and habitual conditions, considers that, at the time such child or juvenile committing an offence or during trial, such person has the same condition as a person with the age of eighteen or above, such Court shall have a power to transfer the case to the Court having jurisdiction over the ordinary case.”
3. Family Cases refer to civil cases filed or petitioned in court or any actions taken in court related to juveniles or families. These must be enforced following the Civil and Commercial Code, the law on family registration, or any other law of families. Examples include Divorce cases, Cases requesting property division during marriage dissolution, Child custody cases, Child support cases, Spousal maintenance cases, and Cases for child adoption recognition etc.
4. Welfare Protection Cases refer to cases filed, petitioned, or any actions taken in court concerning the welfare protection of children or individuals within families. These cases are governed by the law on child protection, the law on the protection of victims of domestic violence, or any other related laws on the welfare of children or individuals within families. These cases can be divided into 2 types:
1. Cases petitioning the court for welfare protection of individuals subjected to domestic violence as per the Victims of Domestic Violence Victim Protection Act, B.E. 2550 (2007), and the Juvenile and Family Court and Juvenile and Family Case Procedure Act, B.E. 2553 (2010), Sections 171 to 178.
2. Cases petitioning the court for welfare protection in instances where a child is treated unlawfully per the Child Protection Act, B.E. 2546 (2003), in conjunction with Juvenile and Family Court and Procedure Act, B.E. 2553 (2010), Section 179.
5. Other cases that are legal mention under the Jurisdiction of Juvenile and Family Court
Intellectual Property and International Trade Case
The Central Intellectual Property and International Trade Court has the jurisdiction to adjudicate both civil and criminal cases related to intellectual property and international trade under Section 7 of the Act for the Establishment of and Procedure for Intellectual Property and International Trade Court, B.E. 2539 (1996) as follows:
1. Criminal Cases about trademarks, copyrights, and patents
2. Criminal Cases about the offense of the Thailand Penal Code, Section 271-275
3. Civil Cases about trademarks, copyrights, patents, and dispute cases arising from technology transfer or licensing agreements.
4. Civil Cases related to the offences of the Thailand Penal Code, Section 271-275
5. Civil Cases related to international buying and selling, exchanging of goods or financial instruments, international services, international transportation, insurance, and other related legal transactions.
6. Civil Cases related to letters of credit issued in connection with activities following (5), the remittance of funds into or out of the Kingdom, trust receipts, and insurance related to such operations.
7. Civil Cases related to ship detention.
8. Civil Cases related to market dumping and subsidies for goods or services from foreign countries.
9. Civil or Criminal Cases related to disputes over integrated circuit designs, scientific discoveries, trade names, geographical indications denoting the origin of goods, trade secrets, and plant variety protection.
10. Civil or Criminal Cases with a statute stipulated under the jurisdiction of The Central Intellectual Property and International Trade Court.
11. Civil Cases related to arbitration for dispute settlement following (3) and (10)
Other Cases under the Juvenile and family court are not under the jurisdiction of The Central Intellectual Property and International Trade Court.
Bankruptcy Case
Bankruptcy Act, B.E. 2483 (1940), Chapter 1: Proceedings from a bankruptcy petition to a discharge from bankruptcy, as follows:
Section 7: “An insolvent debtor may be adjudged bankrupt if such debtor has been domiciled within the Kingdom or has carried out business within the Kingdom, whether personally or through representation, at the time of the bankruptcy petition against the debtor or within the period of one year prior thereto.”
Section 8: “If there occurs any of the following circumstances, it shall be presumed that the debtor is insolvent:
(1) the debtor transfers his property or the right to its management to any other person for the benefit of all of his creditors, whether such act is carried out within or outside the Kingdom;
(2) the debtor transfers or delivers his property with fictitious intent or by fraud, whether such act is carried out within or outside the Kingdom;
(3) the debtor transfers his property or creates over such property any right in rem which, where the debtor is bankrupt, shall be deemed as favourable, whether such act is carried out within or outside the Kingdom;
(4) the debtor carries out any of the following acts for the purpose of delaying payment or preventing a creditor from receiving payment of the debt:
a. leaving the Kingdom or having left the Kingdom and remaining outside the Kingdom;
b. leaving the dwelling place where he resided or concealing himself in a dwelling place or absconding by any other means or closing his place of business;
c. diverting the property out of the jurisdiction of the Court;
d. allowing himself to be subjected to a judgment compelling payment of money which he ought not to make;
(5) the debtor is subject to seizure of property under a writ of execution or has no property susceptible of seizure for payment of the debt;
(6) the debtor makes to the Court a declaration, in any action, of his inability to pay the debt;
(7) the debtor makes a notification to any of his creditors of his inability to pay the debt;
(8) the debtor makes a debt composition proposal to at least two creditors;
(9) the debtor has received from the creditor a letter of demand at least twice with an interval of not less than thirty days and the debtor has failed to make payment of the debt.”
Section 9: “The creditor may initiate a bankruptcy action against the debt or only if:
(1) the debtor becomes insolvent;
(2) the debtor who is a natural person is indebted to one or more plaintiff creditors in an amount of not less than one million Baht or the debtor who is a juristic person is indebted to one or more plaintiff creditors in an amount of not less than two million Baht; and
(3) the definite amount of such debt is determinable, whether it becomes due forthwith or at a future date.”
Taxation Case
According to The Act on the Establishment of and Procedure for Tax Court, B.E. 2528 (1985), Section 7: “The tax courts shall have jurisdiction over civil cases in the following matters:
(1) Cases of appeals against any decision of any competent official or the Committee under taxation law;
(2) Dispute cases relating to rights of claims of the State over tax costs;
(3) Dispute cases relating to application for tax refunds;
(4) Dispute cases relating to rights or duties under obligations made for the purpose of tax collection;
(5) Cases prescribed by law to be under the jurisdiction of the tax courts.
Other Special Cases
In addition to the aforementioned cases, there are other significant cases in Thai courts, namely administrative cases. These refer to disputes between administrative agencies or state officials and private parties or disputes among administrative agencies or state officials themselves.
According to the Act on Establishment of Administrative Courts and Administrative Court Procedure, B.E. 2542 (1999), can be separated into 5 types, as follows;
1. Dispute case from administrative action.
2. Dispute case from neglect of duty or undue delay in performing one’s duties.
3. Dispute case from administrative violations or other liabilities of administrative agencies or state officials stemming from exercising their legal powers, or damages resulting from the issuance of administrative rules, orders, or other directives, or cases where administrative agencies neglect their duties or unduly delay performing such duties.
4. Dispute case from administrative contract.
5. Other disputes of administrative cases.
The procedures for filing administrative cases have been established in the Act on Establishment of Administrative Courts and Administrative Court Procedure, B.E. 2542 (1999). Another portion is provided in the Rule of the General Assembly of Judges of the Supreme Administrative Court on Administrative Court Procedure, B.E. 2543 (2000)
To file a case in court, the following conditions must be adhered to;
1. The matter being filed must be an administrative case and must correspond with Section 9 of the Act on Establishment of Administrative Courts and Administrative Court Procedure
2. The lawsuit must be filed in the court where the cause of action arose or in the jurisdiction where the plaintiff resides.
3. The suiting must be in written form; oral complaints are not accepted. It must use polite language and follow the specifications provided in Section 45.
4. The plaintiff must have legal capacity as per the Civil and Commercial Code.
5. The plaintiff must possess the right to file a case as provided in Section 276 of the Constitution and Section 42 of the Act on the Establishment of Administrative Courts and Administrative Court Procedure.
6. The lawsuit must be filed within the prescribed period.
7. Before filing an administrative case, one must first seek redress or remedy any damage or harm following the processes or methods specified by law for such incidents.
8. Court fees must be paid (as specified by law).