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Consumer protection in Oaxaca, Mexico: a case study

Alvin Starkman MA, LL.B.

 

Federal Attorney (CJF), Mexico's Federal Office of Fair Trading, is the closest you can get an American or government Canadian-style management office of consumer protection and the mediation mechanism. Oaxaca Regional Office is maintained relatively fast and efficient, which means that it is very easy to use in the context of an appeal against expatriates seeking employment and companies located both in the state and overseas development. Of course, if it is subject to limitations, and peculiarities that are not used.

I bought a water heater made by Hydro Electric SA de CV (HESA), which in my surprise comes with an eight-year limited warranty. Sent to Oaxaca to buy domestically produced goods, or assembled with a 30 day warranty. In some cases is three months (extended warranties are rarely available because manufacturers and insurers are aware of the lack of adequate quality control in production in Mexico). Generally, your widget widgeting stops less than a week after the expiration … either a washing machine, microwave, TV, or a lamp long-term.

After a year one side of the double boiler HESA emerged a leak, then a few months later the other side the same. After six months and several phone calls to my dealer, Pipes Connections, the authorized repairer HESA comes with two pairs of replacement tanks, which what comes with the tank I bought the unit. "Do not worry," said Roberto. "I'll take the tanks when they are right in the action, then simply choose one of these two sets of time that your water heater at least one function. "

When you sign there, if are not completely satisfied with the service or product received, call your reception. If you do, when you pass PROFECO available resources. "The temporary solution awaiting the arrival of the stainless steel tanks elite, "noted that the work order. All that is written to take as gospel in Oaxaca, therefore considered an almost sure. Just ask those who have been jailed for two years pending trial, based on little more than newspaper clippings criminal activities.

During the following year, regularly attended Pipes connections and increasingly written with my partner, manager Boneque of the branch, help me to get the tanks right before the substitutions are spoiled. Boneque was done in cooperation, so and so told me that the service HESA has become a real pain, complaints and resolution without editing. Hilda represents HESA of Oaxaca, has left the company, and Roberto military was more willing to working with the manufacturer.

Three or four of HESA email service went unanswered, as the message left for her to HESA CTO. Audience of "Mr. Levin that in 15 minutes" At this point, does not instill confidence in the company I was looking for.

With my sales invoice and warranty booklet, copies of emails, the recognition of skilled labor for, and the notes of the call or try to reach a solution everything by hand, I attended a friend's office, Mr. litigant. Edna Franco: "Do not worry my expenses Alvin. What worries me is that a claim is worth less than 15,000 pesos, out of pocket will kill you. Jump to PROFECO … that's what I tell all my clients to do before I maintain. "

Oaxaca is not a system of small claims court, which means that regardless of the weight of the value of implementing the rate is the same, without prejudice to work out an agreement with his lawyer for a reduced rate. Edna told me to proceed through the judicial system itself, even for a former Canadian lawyer, is an almost insurmountable task. Therefore, PROFECO is the way forward, subject to their situation because of its mandate and guidelines, and its willingness to use a mediation process led by the government.

The offices are well equipped PROFECO Oaxaca, is still used by a relatively small population, which means that, compared Government transportation offices, immigration and taxation, for example, are received and striking the fresh air. Get the documents reviewed and that if something is missing, and the number copies. His chief adviser then reviews your documents, requesting clarification, and is preparing an application package. Please complete information his election to attach to your application, suggesting the inclusion of any documentation you may have. Remember that competition and the costume really useful as it may seem, is however an official Civil Oaxaca: "Is it okay if you also attach a copy of the notes I made during the past year?" I asked. Evidence more tangible.

My initial presence of September 11, 2008, ended a hearing date when I negotiated to meet my schedule, October 10 2008. "You know, Aurea Guzman advised Palacios," also requires the name of your dealer, Connections and Tube, as a defendant, even if it appears that this has done nothing wrong. "I would not advise a client with a dispute in a different way!

"We take care of serving, but remember that must ensure that it is at 10 am Oct. 10. "Even in Toronto, used to give grace to 15 minutes, then how could it be that of Oaxaca, government began, it could adhere to a stricter standard and demanding schedule?

Notice of application and notification of the date is carried out by the regional office where the company operates PROFECO. In the case of the HESA, which meant in the State of Mexico.

A Pipe and Fittings representative attended, arriving shortly before the scheduled time. HESA is a show not to. The mediator PROFECO, Javier, called the State of Mexico PROFECO process server, and was informed that HESA has not been reported as employees of the company were on strike and the plant was closed. The mediator was skeptical, I said, Sometimes, federal employees forget to do their job, or simply can not not be disturbed and invent stories. But in this case we must give them the benefit of the doubt and simply ask them to try again to use the documentation with a return date expenditures, a month on the road. November 10 has been set for the appointment of the new documentation, more writing, the grounds, including the circumstances of the postponement.

Before admitting it has failed PROFECO HESA serve in the presence of the conciliator and the engineer Javier Octavio representative tubes, called HESA offices. Lorena Torres, receptionist informed me that the employees were not on strike or if they had been in the recent past, and that the company has operated normally. That is the true state of Mexico server process PROFECO.

PROFECO imposes a fine on a company for each missed appointment, the amount increasing with the participation of each step. HESA If unable to attend the next day after receiving notification, the fine 172.79 pesos, which makes a compelling reason for the company to send someone from headquarters.

When November 10 arrived, my water heater tanks, bad news still in place, once again a leak, but a little. Participation mainly in the form of drops of water near pilot time to time, so if you're always in control, you never know when you are hot or cold shower.

Neither attended HESA or tubes the new date for the procedure. The mediator PROFECO check on your computer, and with the State of Mexico regional office, once again led to believe that HESA was on strike. And Again I called and confirmed that HESA companies operating normally, without a strike. Don Javier Alvin insured, "we will try to serve HESA again, and I hope this time the server process will have a supervisor call him and tell him that there is a strike. "More importantly, the conciliator has decided to impose a fine of 3,000 Pipes pesos against sending its representative to this second meeting.

Tubes I did not ask why the fine was so rigid, it is hardly surprising that my ally was beaten with an allowance so large that the villain was free down because apparently had no knowledge of the procedure. "I think we should try to convince Tubes must share the responsibility, and maybe this will be good must convince her go to the table and recognize that the decision was based on his representative when it was decided HESA to buy a product. "Javier treated me with great respect (for example," Don Alvin "), gives me advice and be proactive in their approach concerned. "Give them a little over a month to be served just to be sure. What about December 15?"

15 Octavio December Engineer, assisted once again, but no representative of HESA. This time was a statement of its PROFECO process server indicating that although HESA has been on strike, all very strange because there was no indication on the Internet. "It could be that some company employees are on strike and can HESA using it as a way to avoid service of legal documents for the entire society, "Javier think. PROFECO only authorized to serve documents PROFECO so my offer to have a friend in Mexico to attend the documents HESA was rejected.

I decided that was enough, and if I could exact new parts to increase the fine of 3000 pesos tubes, and buying a product brand, would be best, at least in terms of finishing my business with the PROFECO. Could HESA continue, but only in the courts and the clearance procedure PROFECO. We adjourned to 17, the plan is that meanwhile I would like to attend Tubes, select a similar product from another manufacturer and receive a credit in 2500 dollars.

Until PROFECO record a fine fellow with a governmental branch, probably finance or collections, the amount or part of it can be applied to a comprehensive settlement in the framework of a negotiated settlement. PROFECO receives the amount of the fine, or consumers. The documentation reflects the imposition of a fine can not be changed without any mention of a fine. Literally one branch of government not knowing what other branch has done.

I chose an alternative brand of Delta, with equivalent specifications and warranted for six years, for a net cost to I 9800.25 pesos. Three years ago, I paid 11 736 pesos HESA to heat hot water. Taking into account the inflation rate in Mexico, I have not done so badly. Despite he published Pipes and Fittings any obligation to me, reserved the right to take legal action against SHL for all losses, including the cost of my boiler new Delta. Economically viable or not is how I have intended to go.

PROFECO has its limits, especially as his strength and power to comply with decisions in this type of consumer dispute is limited. However, it provides a dispute resolution important and valuable alternative, attractive to a number of reasons:

1) The system works quickly, much more than what we are used in Canada and the United States;

2) There is no cost to the consumer;

3) The staff is very helpful, obviously well trained and ready to make legal or quasi-legal … but not necessarily accurate advice, it does not apply to foreigners, often with limited networks can also provide counsel;

4) The mediators appear to have mediation skills and be really good motivation to bring the parties to obtain decisions in a cost-effective and responsive.

About the Author

Alvin Starkman received his Masters in Social Anthropology in 1978. After teaching for a few years he attended Osgoode Hall Law School in Toronto, thereafter embarking upon a career as a litigator until 2004. Alvin now resides in Oaxaca, where he writes, leads small group tours to the villages, markets, ruins and other sites, is a consultant to film production companies, and operates Casa Machaya Oaxaca Bed & Breakfast. ( http://www.oaxacadream.com ) .

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