Lucero Cenit León Rodas
Source
Cientifi-k. Vol 6 No 2 (2018): Julio-Diciembre
DOI: dx.doi.org/10.18050/Cientifi-k.v6n2a1.2018
URL: http://revistas.ucv.edu.pe/index.php/CIENTIFI-K/article/view/1745
Abstract
The aim of
the study was to determine the vulnerability of consumer protection to abuse theory
INDECOPI-Tarapoto. Adescriptive approach of non-experimental design was used. The
population and sample consisted of 21 applications processed before the Regional
Office of INDECOPI. Three instruments were applied: an interview questionnaire to
the Heads of the Resolving Body of Summary Trials (RBST) and to the Consumer Protection
Commission (CPC), a questionnaire to the consumers complemented with documentary
analysis. The results showed that 100% of those surveyed stated hat there is an
infringement to the consumer. In the interview, discrepancies were found between
the opinions of the Heads of the CPC and the RBST regarding the criteria to determine
the abuse of rights in settlement requests. In the case of the RBST, the majority
of resolutions have recognized and reimbursed the costs. However, when the resolutions
went to second instance, the CPC denied all 21 applications, 57% (12) were settled
by the RBST, while 43% (9) were not resolved in favor of the consumer because they
were developed in second instance by the CPC. Therefore, there is a violation to
the consumer protection because INDECOPI applies the theory of abuse of rights incorrectly.
Keywords
Consumer protection, abuse of rights, costs, procedural costs
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