Guidelines for lodging a complaint
1. General Regulations
In accordance with Law No.12/88/M ‘Consumer Protection Law’ of 13 June 1988, a consumer refers to anyone to whom goods are supplied or services are provided by a person or a group who carries out an economic activity aimed at obtaining benefit.
The Consumer Council handles cases regarding purchase of goods or services in Macao in accordance with Law No.4/95/M, Article 2, Sections (f) and (g).
Subject to the co-operation protocols signed with Guangdong Province Consumer Council and Zhuhai Consumer Council, Macao citizens who lodge complaints that are aroused in Guangdong Province, the Macao Consumer Council may assist them to transfer complaints to the corresponding council provided that such complaints do fall within the scope of the ‘Law of the People's Republic of China on Protection of Consumer Rights and Interests’ and ‘Regulation for Accepting Consumers’ Complaints for China Consumers’ Association’.
2. Complaints that the Consumer Council handles
A consumer should lodge his/her complaint as soon as the activity takes place on which the complaint is based, and such complaint shall be factual and based on substance.
When lodging a complaint, the complainant must provide:
Personal information: The complainant’s name according to his/her ID card, contact telephone number and address, etc..
Information about the party against whom the complaint is being made: Name, address, telephone, etc..
Details: Specifics on how the incident happened, particularly the date, time, place, reason, and course of events.
Evidence: Anything related to the case, including receipt(s), invoice(s), photographic evidence, the article, and other proof of information, etc..
Requirement(s) for processing a complaint: If a specific request is raised, relevant documents and information in support of the claim shall be provided by the complainant.
All information provided by the complainant shall be true and completely factual, and, if this requirement is not met then the complainant shall bear all liabilities and consequences arising from offering any inaccurate or incorrect information.
According to the laws and regulations of Macao, and with reference to the ‘Law of the People's Republic of China on Protection of Consumer Rights and Interests’ and ‘Regulation for Accepting Consumers’ Complaints for China Consumers’ Association’, the following complaints shall be dealt with at the Consumer Council’s absolute discretion:
- A complaint in the absence of any receipt or invoice.
- A complaint which lacks of clear information about the party’s identity against whom the complaint is being lodged.
- Any consumer activity under direct supervision of other Macao SAR Government Departments
- A complaint which involves Consumption Policy (N. B. The Consumption Policy defines consumption of various goods and services, and defines whether the consumption is for private or business use. As the Council deals with consumer disputes in respect of supply of goods and services for private use by a person individually and collectively, it therefore deals with the complaints that fall within the scope of work of the Council, which are defined by the Policy).
3. Complaints that the Consumer Council does not handle
- Dispute arises from consumers’ personal deals;
- The commodity being beyond prescribed warranty or maintenance period;
- Damage or physical harm resulting from inappropriate use, storage, modification, alteration and/or from failing to follow operating instructions;
- Complaints which have been mediated and implemented by both disputing parties, and no new circumstances and reasons have been raised;
- Charges that are levied by Government public administrative departments;
- Complaints which do not fall within the scope and authority of the Consumer Council;
- Business-to-business disputes regarding purchase or promotional campaigns.
4. Complaint Channels
In person :
Main Office - Rua Inácio Baptista, Nº 6 R/C, Macao
Areia Preta Office - Rua Nova da Areia Preta, Nº52, Macau
By mail: Consumer Council
Rua Inácio Baptista, Nº 6 R/C, Macao
By phone: 8988 9315
By fax: 28307816
Via email: info@consumer.gov.mo
Via Internet: http://www.consumer.gov.mo
5. How the Consumer Council handle complaints
The Consumer Council assists consumers to solve their issues through the following means:
- Negotiating with traders for reconciliation;
- Seeking assistance from related organisation for mediation;
- Referral to concerned administrative sector(s) for follow-up;
- Filing for arbitration in the Consumer Arbitration Centre under the arbitration protocol.
6. Case Follow-up
For better and prompt reply, the complainant shall endeavour to provide the reference number of his/her case and/or the identity of the officer in charge of handling the case.
7. Performance Pledge
Case filing: The Consumer Council will establish a case file on the day on which the complaint is received;
Follow-up: An initial follow-up will be carried out within 3 working days, provided that sufficient information is provided by the complainant. Upon receipt of response from the Respondent, such response will be conveyed to the complainant within 3 working days.
8. Regulatory System
Any comment and complaint about the services of the Consumer Council can be placed directly into the comment boxes located at its offices, or addressed to our President of the Executive Committee by mail or email.
|