Subject of Dispute: Recovery of penalty for delay in putting the house into operation from the company that carried out construction investment.
Main Arguments of the Court: The Supreme Court established that the plaintiff, as a consumer, must be exempted from paying court fees at all stages of the judicial process, as their claim relates to consumer rights protection. The Court of Appeal unreasonably refused to open appellate proceedings, thereby violating the person’s right of access to justice. The court referred to the previous legal position of the Grand Chamber of the Supreme Court and the special law on consumer rights protection.
Court Decision: Satisfy the cassation complaint, cancel the ruling of the Court of Appeal and refer the case for a new review to the Court of Appeal.
