The Technical Secretariat of the Consumer Protection Commission No. 3 of Indecopi initiated an administrative procedure against Menorca Inversiones S. A. C. for alleged infringement of the requirement of suitability, established in Article 19 of the Code of protection and defense of the consumer for delivering lots of the real estate project “San Antonio De Pachacamac” that would not have the drinking water and sewerage sanitation services, nor urban habilitation in force.
The above-mentioned article states that the supplier has an obligation to answer for the suitability and quality of the products and services offered to consumers, i.e. to ensure the satisfaction of their expectations.
In addition, the company allegedly violated Article 78 of the same code for failing to comply with its obligation to provide minimum information to consumers in the contract of sale regarding the characteristics of the property offered, as regards the municipal resolution and the plan of approval of the Urban Development Project.
In this regard, suppliers must establish, implement and maintain procedures to make the contract accessible and contain minimum information for the consumer, including the resolution issued by the relevant municipality and the plan for approval of the urban Empowerment Project.
Indecopi stated that the initiation of an administrative penalty procedure is due to the existence of indications of the alleged infringement of the rules of the code and in no way constitutes a prejudgment of the outcome of the procedure or the responsibility of the supplier.
The institution announced this decision on the basis of article 123 of the Code of Protection and Consumer Defense, which requires that “(…) proceedings before Indecopi have a public character. To that extent, the technical secretary and the Indecopi Consumer Protection Commission are empowered to arrange for the dissemination of related information, provided that they deem it relevant, in the interests of the consumers concerned and does not constitute a breach of trade or industrial secrets.”
“The information contained in this communication refers to a decision taken by the Technical Secretariat of the Committee on Consumer Protection No. 3, a body which belongs to the decision-making area of Indecopi and which is composed of independent professionals who solve cases according to their specialized knowledge and in accordance with the legal framework in force,” the statement reads.
“The decision-making bodies of Indecopi are autonomous in the exercise of their functions and their decisions are not subject to control by the chairman of the Board of Directors, the general management or any of the directors that make up the administrative structure of Indecopi, in accordance with Article 21 of its law on Organization and functions,” it is added.