The Procedure at the Disputes Committee
The Disputes Committee procedure offers Delft residents a simple and quick way to resolve conflicts with businesses. This independent out-of-court method results in a binding decision, particularly for the entrepreneur. It applies to affiliated companies in sectors such as telecom, housing corporations, and online shops. In Delft, you can obtain free advice on this option at the Juridisch Loket Delft.
What Does the Disputes Committee Procedure Entail?
The Disputes Committee is a neutral organization that arbitrates consumer disputes. Always start by filing a complaint with the business itself. If no solution is reached, you can escalate the dispute to the committee, which consists of a lawyer-chairperson and sector specialists. The decision binds the entrepreneur, but as a Delft resident, if dissatisfied, you can proceed to the District Court of The Hague.
Practical and affordable: the process typically takes 4 to 6 months, compared to a lengthy court case. Costs range from €25 to €125, depending on the committee and dispute value.
Legal Basis of the Procedure
The procedure falls under the recognition framework for dispute settlement bodies, as laid down in the Decree of 29 November 2011 (Bulletin of Acts and Decrees 2011, 606), based on Article 7:17 of the Dutch Civil Code (DCC), which promotes alternative dispute resolution.
The Foundation for Consumer Disputes Committees (SGC) oversees the recognitions. Only accredited committees issue binding judgments. In case of violations, the Council for Legal Aid may intervene. Article 15(1) of the Unfair Commercial Practices Act (UCPA) links this to consumer protection.
The Steps in the Disputes Committee Procedure
- Complaint to the Entrepreneur: First file a complaint and wait 4 weeks (Art. 7:17 DCC). In Delft, the Municipality of Delft sometimes assists with mediation.
- Submission to the Committee: Use the online form on degeschillencommissie.nl. Attach evidence such as invoices, emails, and photos.
- Registration and Fees: Pay the court fee (€25-€125). Parties are notified.
- Written Exchange: Parties submit documents; witness statements possible.
- Hearing (if necessary): Informal oral hearing, no lawyer required.
- Decision: Issued within 4-6 weeks; binding on the company, enforceable within 2 months.
- Enforcing Compliance: If refused, via the Court of Appeal of The Hague (Art. 7:17(3) DCC).
Rights and Obligations in the Procedure
Rights as a Delft Consumer:
- Low cost (court fee often refunded if you win).
- Hearing and right of reply guaranteed.
- Self-representation possible.
- Quick resolution.
Your Obligations:
- Share complete information.
- Follow the procedure correctly.
- Pay the court fee.
Entrepreneurs' Obligations: Be affiliated and execute the judgment.
Practical Examples of the Procedure
Example 1: Online Shop in Delft. Ms. Jansen from the city center bought a defective laptop (€800) from a local webshop. No response to complaint. The Disputes Committee awarded a refund; paid within 2 weeks.
Example 2: Telecom in Delft. Mr. De Vries faced unexpected charges on his subscription. Company denied. Committee ruled: €300 refund and contract amendment. Upon non-compliance, the Court of Appeal of The Hague enforced it.
Example 3: Housing Corporation. A Delft tenant reported a leak; corporation failed. Committee awarded €1,500 in damages after the procedure.
Comparison: Disputes Committee vs. District Court of The Hague
| Aspect | Disputes Committee | District Court of The Hague |
|---|---|---|
| Costs | €25-€125 | €80+ + lawyer |
| Duration | 4-6 months | 6-18 months |
| Binding | Yes for business, no for consumer | Yes for both |
| Lawyer needed? | No | Recommended |
| Formal | Low-threshold | Strictly formal |
Frequently Asked Questions about the Disputes Committee Procedure
Must I first contact the entrepreneur?
Yes, complain to the business and wait 4 weeks. Keep everything; seek advice at Juridisch Loket Delft.
What if the decision is not complied with?
Apply to the Court of Appeal of The Hague for enforcement.
May I bring a lawyer?
Yes, but unnecessary in this informal setting.
Over €25,000?
Committee not competent; start at the District Court of The Hague, subdistrict court.
Tips and Recommendations
- Check affiliation on degeschillencommissie.nl.
- Gather evidence: emails, photos, agreements.
- Use the ACM complaint template; in Delft: contact Juridisch Loket Delft for help.