Alvin Starkman M. A., LL. B.
Procuraduría Federal del Consumidor (PROFECO) is Mexico’s Federal Office of Fair Trading, you are closer to American or Canadian style of government can obtain a consumer Mediation Office and administered by the system. Regional Office of the State of Oaxaca is located in a relatively fast and efficient to run, meaning that it seems easy to use from the perspective of an appeal against Expat trade and business in the State and other abroad. Of course, it is however subject to limitations and peculiarities, which we are accustomed.
I bought a hot water heating Hidro Electrica, SA de CV (HESA), which was to my surprise came with a guarantee of eight years. Usually you buy in Oaxaca products manufactured or assembled with a 30 day warranty. In the odd case, he was for three months (extended warranties are rarely possible, as are the manufacturers and insurers, lack of proper quality control in production in Mexico). Normally, the widget stops in a week after widgeting … be it a washing machine, microwave, TV, or long-life bulbs.
After about a year on one side of the leak fuel boiler HESA, then followed some months later, on the other side. After six months and several phone calls to my dealer, Tubos y Conexiones the HESA authorized mechanic with two pairs of replacement tanks came, not with tanks of equipment that I bought was coordinated. “Do not worry,” assured Roberto. “I’ll put the cars right, they have in stock, simply choose one of two sets of time that your heater is at least functional.”
Whenever something you sign when satisfied with the service or product will not be complete, you qualify your confirmation. It helps if you use the resources PROFECO. “Temporary solution until the arrival of tanks elite stainless steel, I say at work. Everything seems to be made in writing as gospel in Oaxaca, therefore considered as an almost irrefutable evidence. Just ask anyone who is in prison for two years in detention, crime based on little more than newspaper clippings activities alleged.
During the next year, I traveled regularly Conexiones y Tubos, each time pleading with my partner Boneque the branch manager to help me in the right tanks went wrong before the exchange. Boneque was cooperative, in fact, while it allowed me to become the service HESA a real pain, discomfort and lack of resolution of their assembly. Hilda, the representative of Oaxaca HESA, the company had left, and Roberto service man did not accept the job from the manufacturer.
Three or four e-mail service to HESA remained unanswered, HESA in the news, as well as his chief engineer left. Hearing “Mr. Levin will call you back within 15 minutes “until then, not with this level of confidence in the company I was looking for.
With my contract and warranty booklet, copies of e-mail, confirmation of qualified and notes of any communication or an attempt to reach a settlement at all in hand, I was stuck in the office a friend, litigator Lic Edna Franco: “Do not worry my expenses Alvin. My concern is that the demand for a value of less than 15,000 pesos, the out-of-pocket kill you. PROFECO for … I tell all my clients to keep me before. ”
Oaxaca is not a small claims court, which means that regardless of the value of the peso in your request your costs the same, may, subject to the drafting of a will dealing with your lawyer for Pricing reduced. Edna has informed me that the action by the court on your own, even for a trial counsel old Canadian, is an almost impossible task. Therefore PROFECO is the way to go, given the fact that using your position to discharge their mandates and guidelines, and your will, a mediation of the state.
The offices of Oaxaca PROFECO are well endowed, but from a relatively small percentage of the population used, which means that government offices transportation, immigration and tax policy in comparison, for example, that Fresh air is a welcome and useful. Taken review your documents and advise what, if anything is missing, and how many copies are needed. Your Senior Advisor then reviews your documents, ask for clarification, and prepare an application package. Feel free to adjust the information of his choice accompany your application to complete the proposal, to include additional documentation that you may have. Remember that it may be appropriate and helpful, as they also appear to apparently there is still an employee of Oaxaca: “Is it OK if we also make copies of these notes I made last year I asked. More evidence.
My first 11 September 2008, participation has completed a trial date as I negotiated my schedule, to answer 10 October 2008. “You know,” advised Aurea Guzman Palacios, “you should also get your name retailers Tubos y Conexiones, as a defendant, even if, as he did not do something seems wrong.” I want to get a client with another case have!
“We’ll take care of serving, but remember, make sure by 10 hours on Oct. 10 strong.” In Toronto, we are used to give 15 minutes of grace, because it could be, that to start the Oaxaca government, could take a more rigorous and demanding schedule?
Service of process and notice of the date is done by the regional office PROFECO, where the company operates. In the case meant the HESA in the State of Mexico.
A Tubos Conexiones representatives attended, arriving shortly before the scheduled time. HESA is a no show. The mediator PROFECO Javier, the so-called Estado de México PROFECO Process Server, and it was noted that HESA has not been released because company employees were on strike and closed the plant. The officer was skeptical, he shows me that employees of government, sometimes for work, or simply can not be bothered to remember and stories. But in this case, we should give them the benefit of the doubt and just ask, once again trying to use the material with a return date costs, one month on the road. November 10th has been set for the new date, developed with more documentation, including the preamble to the circumstances of the postponement.
Before conceding that are not PROFECO HESA should, in the presence of the mediator and the engineer Javier Octavio Tubos representative, I called the offices of HESA. Lorena Torres, reception told me that the workers not on strike or if they had been in the recent past, and society in its normal functioning. So much for the credibility of the State of Mexico PROFECO Process Server.
PROFECO levies a fine on an undertaking for any missed appointment, the increase in volume, not on every visit. If HESA to visit the next day after receiving notice that the fine would be the 172nd 79 pesos, which makes it difficult to send a compelling reason for someone’s business headquarters.
At the time, November 10 arrived, my hot water tank in the wrong place yet again, leaked again, but a little. The most important consequence is that the drops of water from the pilot is from time to time, so if you constantly check that you never know when your shower is hot or cold.
Neither Tubos HESA visited the new date for the procedure. The mediator PROFECO his computer and believe with the State of Mexico regional office, and again in the lead, which HESA was on strike. And once again I cried HESA and confirmed that business has been in normal operation, without a strike. Don Alvin, “Javier assured:” We will try to HESA serve once again and I hope that this time, the supervisor of the server process will have a word with him and tell him that there was no to strike. “More importantly, the arbitrator has decided on a fine 3000 pesos Tubos do not send a representative to this second meeting to raise.
I did not ask why the fine was so steep Tubos, just stunned, that was my ally be a substantial wage has been sounded for the bad guy get hurt, because he had no evidence of the procedure. “I think we should try to convince Tubos who share responsibility and it may be nice, it was to convince him to come to the table and recognize that you rely on the seller’s decision whether you will need HESA determined to buy a product. “Javier has treated me with great respect (for example, Don Alvin”) to give me advice, and as a pro-active in its approach to the issue. “Give them a little over a month to be served, just to be sure. How about December 15th? ”
On December 15th Engineer Octavio visited once, but not that of HESA. This time, PROFECO was a statement of the bailiff who HESA was indeed a strike, very strange, because there is no corresponding information on the Internet. “It may be that some employees of the company are striking and able to avoid this HESA as a means of judicial documents for any business to use” Javier suspects. PROFECO Only the delivery of documents is permitted PROFECO then my job to a friend in Mexico City to visit with HESA for papers was rejected.
I decided that was enough, and if I could straight up to a fine of 3,000 pesos Tubos, and buy a new brand would be the best alternative, at least with regard to finish my business PROFECO. I could continue to pursue HESA, but would the Court concluded, because the procedures PROFECO. We are up to 17 interrupted, you choose the plan is that in the meantime, I would like to visit Tubos accounting for a comparable product from another manufacturer, and since 2500 one peso.
Until finances PROFECO not save a great companion with a governmental branch, probably, or collections, or any part thereof may be applied to a comprehensive settlement within the framework of a negotiated solution. PROFECO not otherwise receive in the amount of the fine or the consumer. The paperwork, which reflects the imposition of a fine can, without any mention of the fine should be reworded. Literally, a branch of government does not know what the other branch.
I chose another brand, Delta, with specifications and a guarantee of six years, the net cost to me 9800. 25 pesos. Three years ago I paid 11,736 pesos for heating hot water HESA. Given the rate of inflation in Mexico, I’m not that bad. Although I Tubos y Conexiones released from any obligation to me, I have the right to proceed to trial against HESA preserved for all damages, including the cost of my new boiler Delta. Economically feasible or not, is how I go.
PROFECO has its limitations, particularly its power to compel and enforce the resolutions are limited in this type of consumer disputes. However, it is an important and valuable alternative means of settling disputes, provide attractive for a number of reasons:
1) The system runs faster, much more than that to which we are accustomed to Germany and the United States;
2) There is no cost to the consumer;
3) The staff is helpful, obviously well educated, and prepare legal advice or quasi-legal … they are not necessarily good advice, it is nevertheless useful for foreigners, often with a limited network also give advice on the situation;
4) The mediators appear to have good skills in mediation and sincerely motivated to bring the parties together in order to reach resolutions in a cost effective and meaningful.