The Consumer Disputes Committee

Which disputes does the committee resolve?

A consumer dispute is „tarbija ja kaupleja vahelisest lepingust tulenevate lepinguliste kohustustega seotud vaidlus“ (translation: a dispute concerning contractual obligations under a contract between a consumer and a trader; Consumer Protection Act (tarbijakaitseseadus, TKS) § 2 lg 1 p 6) [6]. The committee resolves both domestic and cross-border consumer disputes initiated by a consumer where one party is a trader established in the Republic of Estonia (TKS § 40 lg 3) [1]. The TTJA itself does not resolve contractual consumer disputes – the consumer disputes committee operating at the authority does (TKS § 21 lg 3) [7].

The committee does not resolve disputes concerning non-economic services of general interest, educational services provided by legal persons in public law, or health services provided by health care professionals (TKS § 40 lg 4) [1], nor disputes where a claim for damages arises from death, bodily injury or damage to health, or disputes for which other laws provide the procedure (TKS § 40 lg 5) [1]. Such disputes are resolved by a county court or another competent institution (TKS § 40 lg 6) [1].

How do I complain to the trader?

You may submit a complaint to the trader in any form, yourself or through a representative (TKS § 24 lg 1) [8]. In a complaint made in writing or in a form reproducible in writing, state your name and contact details, the date of the complaint, the date you bought the goods or received the service, the defect of the goods or service and your claim against the trader (TKS § 24 lg 3) [8]. Refer to the document proving the transaction or the guarantee, or attach a copy of it (TKS § 24 lg 4) [8].

The trader must answer such a complaint in the same form within 15 days of receiving it, unless a law or an EU regulation sets another time limit (TKS § 24 lg 5) [8]. If the complaint cannot be resolved within that time, the trader must explain the delay and inform you in writing or in a form reproducible in writing, setting a new reasonable time limit (TKS § 24 lg 6) [8]. If the trader has not resolved the complaint within these time limits, it is deemed to have refused to satisfy the claim (TKS § 24 lg 8) [8]. When refusing, the trader must give you information on paper or another durable medium about a recognised out-of-court dispute resolution body (TKS § 26 lg 4) [9]. If the trader has refused your claim or you do not accept the solution it offered, you may apply to an out-of-court dispute resolution body or to a county court (TKS § 24 lg 9) [8].

For defective goods, you must notify the seller of the lack of conformity within two months of learning of it (Law of Obligations Act (võlaõigusseadus, VÕS) § 220 lg 1) [10].

How do I apply to the committee?

The application is submitted in writing on paper or another durable medium (TKS § 46 lg 2) [2]. It must state (TKS § 46 lg 3) [2]:

• your name, residence and other contact details;
• the trader's business name or name and the address of its place of business;
• the substance of the dispute, a clearly stated claim and the facts supporting it;
• a confirmation that the dispute is not being handled by another recognised body or a court and has not been handled by a court before;
• a confirmation that you first turned to the trader;
• if you wish, a request for an oral hearing of the dispute.

In your claim you may rely in particular on the remedies set out in VÕS § 101 (TKS § 46 lg 4) [2], for example demand performance or compensation for damage, withdraw from the contract or reduce the price (VÕS § 101 lg 1) [11]. Attach evidence and copies of your complaint to the trader and the answer you received (TKS § 46 lg 5) [2]. A reasonable time is set for correcting deficiencies; as a rule, 14 days is considered reasonable (TKS § 46 lg 8) [2].

The application is not accepted, among other cases, if you did not first complain to the trader, if the same dispute is pending before another recognised body or a court or has been before a court, or if bankruptcy or liquidation proceedings have been initiated against the trader (TKS § 47 lg 1) [12]. The committee may also decline an application if the dispute cannot be resolved without a thorough investigation and hearing witnesses and would better be resolved by a county court (TKS § 47 lg 3 p 3) [12], or if the value of the goods or service in dispute or the claim is below 30 euros and the further conditions set out in the law are met (TKS § 47 lg 3 p 4) [12].

How do the proceedings work and what do they cost?

• The trader's position. The trader states its position on the application in writing and offers a possible solution; you then say in writing whether you accept it (TKS § 48 lg 3) [13]. If you do not answer within the time set, you are deemed to have withdrawn the application (TKS § 48 lg 6) [13].
• Written or oral proceedings. If you have not asked for an oral hearing and the chair of the committee does not consider hearing the parties necessary, the dispute is resolved in written proceedings (TKS § 51 lg 2) [14]. The working language of the session is Estonian (TKS § 52 lg 1) [15].
• Duration. The outcome is made available to the parties within 90 days of the application being accepted; in complex disputes the committee may extend this time limit (TKS § 56) [4].
• Costs. The proceedings are free of charge for the parties (TKS § 45 lg 4) [3], but the parties bear their own travel, postage, communication, accommodation and similar costs and, where needed, interpreting costs (TKS § 45 lg 5) [3].
• Expert opinion. Where needed, the committee may order an expert opinion with the parties' consent (TKS § 53 lg 1) [16]. The parties bear its costs in equal shares and pay them before the examination unless the committee decides otherwise (TKS § 53 lg 3) [16]. The committee may order the trader to pay them if the defects appeared within six months of delivery of the goods or provision of the service and the trader did not order an expert opinion itself (TKS § 53 lg 4) [16].

Is the committee's decision binding and how is it enforced?

A copy of the decision is sent to the parties within two working days of its signing, and the decision is published without the consumer's personal data on the TTJA website (TKS § 59) [17]. The trader has 30 days, counted from the day after publication on the website, to comply with the decision unless the decision sets another time limit (TKS § 60 lg 1) [5].

The Consumer Disputes Committee is on the list of recognised out-of-court dispute resolution bodies (TKS § 77 lg 1) [18], and the outcome of such proceedings cannot be a decision legally binding on the consumer (TKS § 36 lg 1) [19]. If the parties do not accept the decision and do not comply with it, they may bring the same dispute before a county court (TKS § 60 lg 2) [5].

A trader that has not informed the TTJA in time that it complied with the decision or went to a county court is entered in the list of traders not complying with the committee's decisions published on the TTJA website (TKS § 60 lg 4) [5]. With your consent, the TTJA may go to a county court as your representative if the trader has not complied and the dispute is important for the application of a law or other legal act or for the collective interests of consumers (TKS § 60 lg 6) [5].

What the law says

• „Tarbija võib lepingu rikkumisest tuleneva kaebuse esitada kauplejale mis tahes vormis.“ [8] (translation: a consumer may submit a complaint arising from a breach of contract to the trader in any form; TKS § 24 lg 1) – no particular form is required.
• „Vaidluse lahendamine tarbijavaidluste komisjonis on pooltele tasuta.“ [3] (translation: resolving a dispute before the consumer disputes committee is free of charge for the parties; TKS § 45 lg 4).
• „Vaidluste kohtuvälise lahendamise menetluse tulemuseks ei või olla tarbijale õiguslikult siduv otsus.“ [19] (translation: the outcome of out-of-court dispute resolution proceedings cannot be a decision legally binding on the consumer; TKS § 36 lg 1).
• „Kui pooled komisjoni otsusega ei nõustu ja seda ei järgi, võivad nad pöörduda sama vaidluse läbivaatamiseks maakohtusse.“ [5] (translation: if the parties do not accept the committee's decision and do not comply with it, they may turn to a county court to have the same dispute heard; TKS § 60 lg 2) – the way to court stays open.

What to do

1. Complain to the trader, preferably in writing, with the required details and the proof of purchase (TKS § 24 lg 3 and 4) [8]. For defective goods, notify the defect within two months of discovering it (VÕS § 220 lg 1) [10].
2. Wait 15 days for an answer, or until the end of a new reasonable time limit the trader has set with reasons; if the trader does not resolve the complaint in time, it is deemed to have refused (TKS § 24 lg 5, 6 and 8) [8].
3. Submit a written application to the committee with evidence and copies of the complaint and the answer (TKS § 46 lg 2 and 5) [2].
4. Correct any deficiencies within the time set (TKS § 46 lg 8) [2] and respond in time to the solution the trader offers (TKS § 48 lg 6) [13].
5. If you do not accept the committee's decision, you may bring the same dispute before a county court (TKS § 60 lg 2) [5]. If the trader does not comply with the decision, the TTJA may, with your consent and in the cases set out in the law, go to a county court as your representative (TKS § 60 lg 6) [5]. Keep in mind that the limitation period for a claim arising from a transaction is three years (General Part of the Civil Code Act (tsiviilseadustiku üldosa seadus, TsÜS) § 146 lg 1) [20].

Frequently asked questions

Do I have to contact the trader before applying to the committee?

Yes. If you did not first complain to the trader, the application is not accepted (TKS § 47 lg 1 p 1) [12].

Can a trader bring a case against a consumer before the committee?

No. An application to resolve a consumer dispute may be submitted by the consumer (TKS § 46 lg 1) [2]; the committee resolves consumer disputes initiated by the consumer (TKS § 40 lg 3) [1].

Can I use a lawyer or another representative?

Yes. The consumer and the trader may use a person with legal expertise or a legal adviser, or be assisted or represented by another person (TKS § 50 lg 1) [21]. An application filed by a representative must be accompanied by a power of attorney (TKS § 46 lg 6) [2].

What if I cannot attend the session?

If a party does not attend for a good reason, informs the committee before the session starts and explains the obstacle, the hearing of the dispute is postponed (TKS § 51 lg 4) [14]. If a party fails to attend without good reason, the dispute is heard in its absence (TKS § 51 lg 5) [14].