Vulnerability to consumer protection regarding the theory of Abuse, INDECOPI-Tarapoto 2016 - 2017

Abstract

The aim of the study was to determine the vulnerability of consumer protection to abuse theory INDECOPI-Tarapoto. A descriptive 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 a documentary analysis. The results showed that 100% of those surveyed stated that 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.