If the trader or service provider refuses to resolve your complaint or you disagree with the solution proposed by them, you can submit an application to the Consumer Disputes Committee to resolve the dispute. If you do not agree with the Committee’s decision, you may refer it to the county court. The same may be done by the opposite party.
The Consumer Disputes Committee is an independent and impartial body responsible for resolving consumer disputes arising from contracts between the consumer and the trader, in which the parties to the dispute are a consumer resident in Estonia and a trader registered in Estonia. Cross-border consumer disputes are resolved with the help of the European Consumer Centre.
Compared to litigation, the Committee can resolve the problem in a much simpler and more convenient manner, which requires less time and money. Examination of the application and the settlement of the dispute in the Consumer Disputes Committee is free of charge for the consumer and the trader. A decision is generally reached within 90 days from receipt of the application. If the party to the dispute requires the assistance of an interpreter, expert opinion, legal assistance or similar services in the proceedings, they shall bear the corresponding costs.
You have the right to withdraw your application at any time.
The Consumer Disputes Committee does not have jurisdiction over disputes between legal persons, disputes between private persons and disputes already pending in court. The Committee also does not deal with claims for damages arising from public education services, medical and healthcare services, medicines, and death or personal injury.
Also, not all problems with traders can be considered consumer disputes.
- In the event of impolite conduct in a store or at a service provider’s, the manager (owner) of the store or service company must be contacted to obtain a solution.
- In case of a labour dispute, consult the Labour Inspectorate for advice.
- In case of poor quality foodstuffs, contact the Agriculture and Food Board.
- In case of sub-standard medicines, contact the Agency of Medicines.
- In matters related to the quality of treatment, the expert committee on the quality of health care services of the Ministry of Social Affairs can be contacted for advice.
- Contact the Language Inspectorate for questions related to insufficient Estonian language skills.
- Problems with apartment association decisions or claims against the board of directors of the association must be resolved internally by convening a general meeting of the apartment association and electing a new board of directors or amending previous decisions.
How to submit an application
Submit an application to the Consumer Disputes Committee if you have already contacted the trader in writing but have not received a reply from them or if you do not agree with their proposed solution. The application must in Estonian and signed.
The application can be:
- submitted electronically in the self-service environment of the Consumer Protection and Technical Regulatory Authority (in Estonian)
- sent by post to the secretariat of the Consumer Disputes Committee at the address Endla 10a, 10122 Tallinn.
The application must include:
- consumer’s name, place of residence, telephone number and e-mail address;
- business name of the trader and address of the place of business;
- the content of the dispute and a clear request (which solution is sought) together with the grounds;
- confirmation by the consumer that the dispute is not being handled by another recognised dispute resolution body and that the dispute is not being or has not been previously heard in court;
- confirmation by the consumer that they have previously contacted the trader.
The application must be signed either digitally or by hand if it is not submitted via a self-service environment.
The application must be accompanied by supporting evidence confirming the circumstances of the application, including documents substantiating the consumer’s claim.
The dispute shall be settled primarily on the basis of written documents. It is therefore important to add to the application:
- documents certifying the purchase of the goods or the conclusion of the contract (contract, order confirmation, pictures, documents certifying warranties against defects or contractor’s warranties);
- proof of payment, showing the name of the payer, if possible;
- all previous correspondence with the trader related to the dispute;
- other documents related to the dispute (e.g. customer card or account details as proof of purchase, etc.)
As far as possible, it would be good to attach to the application sound, image and other recordings, which might be helpful in resolving the dispute (photographs of defective goods, the result of a failed service, recordings of damage, etc.).
Disputes in the Consumer Disputes Committee are usually settled by a written procedure, i.e. on the basis of submitted documents (evidence). However, if the consumer wishes to have his case heard orally at the hearing, this must be clearly stated in the application. When opting for an oral hearing, account must be taken of the fact that the consumer must attend the hearing of the Committee and the procedure is also generally longer.
The procedure of the Consumer Disputes Committee ends with a decision. The decision of the Committee cannot be challenged. If you do not agree with the decision, the other party can be sued in court.
References
Services
- Application to the Consumer Disputes Committee (in Estonian)
- Customer service environment of the Consumer Protection and Technical Regulatory Authority (in Estonian)