site.btaNational Ombudsman Submits to Parliament Report on Problems in Exercise of Consumer Rights

108 ECONOMY - OMBUDSMAN - EXERCISE OF CONSUMER RIGHTS

National Ombudsman Submits to Parliament
Report on Problems in Exercise
of Consumer Rights


Sofia, November 20 (BTA) - Bulgaria's National Ombudsman
Konstantin Penchev has submitted to Parliament a report on the
problems in the exercise of consumer rights, detected by him in
2013 and 2014, Penchev's office said on Thursday.

The report emphasizes that Bulgarian citizens still feel
enslaved, defenceless and voiceless in their dealings with
public service providers and with the control and regulatory
authorities.

Penchev singles out the discrepancy between provisions of the
Consumer Protection Act and the Energy Act concerning the fee
for the building system as the greatest risk to consumer rights
in respect of heat supply at present. The Ombudsman proposes
that the MPs urgently reconcile the two laws in a manner
consistent with EU legislation. To this end, they should either
repeal the provisions in the Energy Act, according to which all
occupants of condominium property buildings must pay this fee,
or supplement the Transitional Provisions of the Consumer Rights
Act to specify the cases of applicability of the provision in
the Act which, in line with Directive 2011/83/EU of the European
Parliament and of the Council on consumer rights, states that
the consumer shall bear no cost for the supply of district
heating where he has not expressly requested the performance of
this service. The Ombudsman recalls his opinion that it is
unfair that a person who has given up district heating because
he cannot afford it should be charged a far not insignificant
amount because the building in which he lives has a heat supply
system and should share the losses of heat on an equal footing
with the beneficiaries of the service. "Such a person is forced
to pay for a service which he does not want and does not
actually receive," Penchev argues.

The report also comments on the problems of people using
financial services and those affected by the methods of debt
collection companies. The Ombudsman recommends the setting up of
a register of collection companies and legal regulation of
their business. He insists that all competent authorities should
invoke their powers to protect citizens' rights and guarantee
the application of the requirements of the law when receivables
are transferred.

Penchev also recalls the years-long failure to address the
problem with the unfair determination of the household waste
collection and removal fee. LI/LG