11 July 2024

The Thai cabinet approved, in principle, a draft bill today (Tuesday), which seeks to hold businesses accountable for goods sold to consumers which are found to be defective within two years of delivery.

Deputy Government Spokesperson Traisuree Traisoranakul said that the draft bill is intended to protect the consumers from being exploited by businesses selling defective goods, knowingly or unknowingly, and refusing to take responsibility.

In case the defects are found within a year of delivery of the goods, it is assumed that they were defective from the date of the delivery, she said.

According to the draft bill, businesses will also be held accountable for knock-down goods or goods which need to be assembled by the buyers, in case the buyers follow the assembly instructions and then find the goods to be defective.

The consumers will have the right to demand replacement of the defective goods, repair, to ask for a discount or to return the defective goods for a refund.

Businesses will not be held accountable in a case where the consumer or buyer is aware that the goods they are buying are defective or when the consumer modifies the goods and damages them.

Traisuree noted that, under the current Civil and Commercial Code, consumers have to prove to the court that the goods they bought were defective from the beginning and not made defective by them, which is not an easy task, because many goods are complicated and built using modern technology andthe defects may not be visible at the time of purchase or delivery.

Therefore, this draft bill is designed to protect consumers in the current environment.