Consumer claims

HOW DO I QUALIFY?

• To be considered consumers or users, in accordance with the provisions of article 2 of the Castilla y León Consumer Statute.
  1.-Consumers or users are natural persons who are acting for purposes unrelated to their trade, business, trade or profession.
  2.-Consumers for the purposes of this Law are also legal persons and entities without legal personality that act without profit motive in an area outside a commercial or business activity.
• Fill in the "Hoja de reclamación" (complaint form) at the establishment, premises or office where it is requested. The yellow form is given to the entrepreneur and the consumer keeps the green and white forms, and submits the latter to the administration.
• If the establishment does not have complaint forms or the entrepreneur refuses to provide them, the complaint may be submitted to the administration by any means permitted by law, or through the form provided for "Consumer claims". Whatever the form of presentation, you must state the circumstances why you have not been able to present the complaint directly to the employer on the official form.
• The party complained against, the employer, may present the allegations and documentation that he/she deems necessary once he/she has received notification from the Administration that a consumer complaint has been filed.
• Consult the document "How to file a complaint".

How to file a complaint (85 kbytes)

What documents do I need?

Form "Presentation of the Complaint Form by the claimant", if you wish to present the form of the complaint form to the Administration electronically, accompanied by:

• A white copy of the model Claims Form regulated by Decree 109/2004, of 14 October, scanned and sent to the Administration.
• Any evidence and documents that may serve to improve the assessment of the facts.

Form “Consumer Claims" submitted by the claimant when the entrepreneur has not provided the consumer with the Claims Form regulated by Decree 109/2004, of 14 October, and accompanied by:

• DNI/NIF/NIE of the interested party/representative in the event of not authorising the Administration to check the identity details.
• Any evidence and documents that may serve to improve the assessment of the facts.

Form for "Allegations and/or presentation of documentation by the respondent (establishment)" which may be used by the respondent, employer, in relation to the complaint received and which shall be accompanied by:

• DNI/NIF/NIE of the interested party/representative in the event of not authorising the Administration to check the identity data.
• Any information and documents that may serve as allegations to respond to the complaint.

WHAT TIME DO I HAVE TO ASK?

• For the presentation by the complainant of the Complaint Form (copy for the Administration), this shall be done at any time once the Complaint Form has been filled in and presented to the entrepreneur, and in the event that the entrepreneur does not comply with the consumer's claim.

• For the presentation by the claimant of the Consumer Complaint form, this shall be done at any time and as soon as possible when the entrepreneur has not provided the consumer with the Complaint Form regulated by Decree 109/2004, of 14 October.

• For the presentation by the respondent (establishment) of the Complaint Allegations form, the claim must be submitted within ten working days from the day following notification of the letter sent by the Public Administration in order to present the allegations and documents considered necessary.

NOTIFICATIONS:

• By post at the address of the interested party or at the place indicated by him/her for the purpose of notifications.
• Electronic notification by appearance, by means of a notice via the e-mail address included in the application. This notice shall not have the effect of a notification until the interested party accesses the content of the notification in the NOTI notification system.

APPLICABLE LEGISLATION:

• Royal Legislative Decree 1/2007, of 16 November, approving the revised text of the General Law for the Defence of Consumers and Users and other complementary laws (BOE 30-11-2007)
• Law 2/2015, of 4 March, approving the Consumer Statute of Castilla y León. (BOE 27-03-2015)
• Decree 109/2004, of 14 October, which regulates Consumer and User Complaint Forms (BOCyL 20-10-2004)

Organisation:

Organisation responsible

• Consejería de Industria, Comercio y Empleo
• Dirección General de Comercio y Consumo

MANAGING ORGAN:

• Servicios Territoriales de Industria, Comercio y Economía
• Dirección General de Comercio y Consumo

ORGAN THAT RESOLVES:

• Servicios Territoriales de Industria, Comercio y Economía
• Dirección General de Comercio y Consumo

ADDITIONAL INFORMATION:

• When the complaint alleges alleged infringements, the competent consumer affairs body shall initiate the relevant actions for the determination, knowledge and verification of the same and, where appropriate, the opening of the corresponding sanctioning procedure, without prejudice to the corresponding civil or criminal actions.
• The claimant's withdrawal, the agreement between the parties, or the submission of the matter to consumer arbitration will imply the complaint being closed.
• However, the Administration, in view of the facts complained of, may, ex officio, initiate disciplinary proceedings if it appreciates any fact constituting an infringement".

• Channels of Attention to Consumers of the Junta de Castilla y León (103 kbytes)

Protection of personal data:

Information sheet on the processing of personal data (156 kbytes)