Claims against operators: how to prevent your complaint from being declared inadmissible or unfounded?

Claims against operators: how to prevent your complaint from being declared inadmissible or unfounded?

In 2022, of the total complaints who entered the Osiptel Claims Resolution Court, 83% were declared unfair or unfounded. For what is this?

Users have the right to submit a complaint when they notice any transgression or breach committed by the telecommunications operating company such as Movistar, Claro, Entel, Bitel, among the best known.

According to the statistics of the Supervisory Agency for Private Investment in Telecommunications (Osiptel), in 2022, of the more than 46,000 files of complaints who entered the Administrative Tribunal for the Solution of User Claims (Trasu), 83% were declared inadmissible or unfounded.

Why is there a high percentage of inappropriateness or unfounded complaints?

According to Osiptel, the most common complaint in 2022 was for the non-granting of positive administrative silence (SAP) when no response is received within the established period.

Unfair: when the user filed the complaint and the operating company was still in time to resolve or notify its pronouncement. unfounded: upon noticing that there was already a timely response from the operating company,” said Carlos Maesaka, in charge of the agency’s technical secretariat for complaint resolution.

Usuarios <s>can file a complaint if the operator suspends or cuts the service</s> during the claim procedure.  Photo: composition LR/Andina ” title=”Users <s>can file a complaint if the operator suspends or cuts the service</s> during the claim procedure.  Photo: composition LR/Andina ” width=”100%” height=”100%” loading=”lazy”></div>
<div class=

users can file a complaint if the operator suspends or cuts the service during the claim procedure. Photo: composition LR/Andina

Recommendations to prevent your complaint from being unfounded

  • Wait for the term that the operating company has to respond and notify the response to end. Complaints for non-application of positive administrative silence will be declared inadmissible when they are filed without the expiration of the period available to the operating company to notify the respective pronouncement in the first instance.
  • Check that there is no response from the operating company on the claim presented. If it is noted that there is a timely response to the case, the complaint will be declared unfounded.
  • Waiting for Osiptel responds to the complaint for non-application of positive administrative silence. If another complaint is filed for the same reason, it will be declared inadmissible.
  • Remember that The deadline for filing a complaint is one year. which is counted from the date on which the resolution of the claim should have been notified. If the deadline for the declaration of positive administrative silence is exceeded, the complaint will be declared inadmissible.

In addition to being able to file a complaint for non-application of positive administrative silence in the event of a timely non-reply, users can file a complaint in case the operating company suspends or cuts the service during the claim procedure.

Source: Larepublica

You may also like

Immediate Access Pro