Where to turn in case of complaints related to service providers’ activities?
In case of the complaints related to the service provider’s activity (invoicing, technical error etc.) the complainant should ask – in writing - for the investigation of the complained activity. Pursuant to the article 138 of the act C of 2003 on electronic communications the investigation on the complaints and notifications is primarily the task of the service provider. In case of rejecting the complaint the service provider should send the rejection to the subscriber in writing together with the arguments. In the case of existence of the complained activity or practice it is possible to turn to the geographically competent customer service office of the NCAH.
The Office of NCAH, after considering all aspects of the case, can conduct a market surveillance procedure if it is justified. If, according to the opinion of the complainant, it suffered injury in relation to his rights set forth in the Act on electronic communications or in the subscriber contract or there is a direct threat thereof – the complaint has already been investigated by the service provider but the answer is not satisfactory for the complainant ( a court procedure has not started yet) also a report can be lodged with the Representative of the Communications Consumer Rights.
When any service provider sends your complaint to the Competition Authority or the Consumer Protection Inspectorate you are asked not to send the copy of the letter by post or e-mail to the Office of the NCAH, since our authority doesn’t start a procedure until the termination of those procedures.
The Office is not entitled to decide in the disputes between the service provider and the subscriber related to the subscriber contracts and accidental fee disputes (invoice complaint, severance pay, credit etc.) – since these disputes concern the relationship of the parties based on their contract. Decision of these disputes belongs to the competence of the geographically competent court.