Deputy Prime Minister and Minister of Trade, Tourism and Telecommunications of the Republic of Serbia Rasim Ljajić told the newspaper “Politika” that the main goal of the new Law on Consumer Protection is to create a system that will allow for the protection of consumers in the contractual relationship with the trader, where the contract is concluded between two unequal sides, that is where the trader usually has the advantage. He has more information and is generally “richer” than the consumer. Therefore, the new law includes a number of prescribed solutions to the benefit of consumers that seek to rectify this inequality, said Ljajić.
The trader is obliged to deliver the goods to the buyer’s address within 30 days from the time of order, unless the contract provides otherwise. If this is not done within the prescribed period, the trader will have to return the money to the buyer. As for buying at a distance, the Law stipulates the obligation of the trader to inform the consumer of his right to change his mind and cancel his order within 14 days of the conclusion of the contract.
The Law provides special protection for socially vulnerable consumers to whom the supply of electricity or gas must not be discontinued during the heating season.
When asked about the role of the market inspection, Ljajić said that the sanctions provided for by the provisions of the old law for unscrupulous traders proved to be insufficient and in some cases inadequate.
– Because it is often pointed out that the hands of market inspection are tied, new offenses were introduced and the role of the inspectors was increased, and now they are entitled to ask whether the trader delivers the goods in the agreed period, and whether the consumer was timely informed about the right to cancel his order within 14 days when buying at a distance, whether there is any form of discrimination or unfair business practices against buyers, and whether the trader keeps a book of complaints, which so far was not mandatory, said the Minister of Trade.
The new law has a special section relating to the protection of the collective interests of consumers. This refers to when the guaranteed rights of a total of at least ten consumers are violated in the same way by the same person. In practice, this means that the collective interest is violated if ten consumers complain to consumer associations that they bought a TV from the same trader, that the TV broke within six months, and that the seller did not agree to replace the device or return the money, which is his legal obligation. In this case, the Association for Consumer Protection informs the Ministry of such violation of the Law, which takes an administrative measure and requires the dealer to stop the unfair business practice. The experience of European countries has shown that at least half of the retailers comply with this requirement.
– If they do not agree to eliminate the irregularities in their practice, the Ministry initiates proceedings before the Administrative Court. Switching the jurisdiction from the general to the administrative courts, which is also a novelty in this law, provides a more effective protection; because an administrative process is much faster and more efficient than a court process concluded Minister Rasim Ljajić.
