Demanda Sic
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christian molinaDemanda Sic
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christian molinaCommon questions
Con tecnología de IAJuan Fernando Caicedo alleges that Sociedad Constructora Pool S.A.S violated his consumer rights as defined in article 3 of the Ley 1480 de 2011, specifically the right to receive products of quality, the right to security and indemnity, and the right to reclamation .
If the defects cannot be satisfactorily resolved by repairs, Juan Fernando Caicedo seeks the replacement of the apartment with another of similar characteristics or, alternatively, the full refund of the purchase amount, which is $150,000,000 .
Juan Fernando Caicedo uses several legal strategies in his complaint: he invokes his consumer rights under Ley 1480 de 2011, specifically concerning product quality, security, and reclamation. He documents the defects and reclamation process comprehensively to substantiate his claims. Additionally, he demands corrective action through replacement or refund, signaling consequences for non-compliance, such as escalating the matter through legal channels and seeking sanctions .
If his reclamations are not satisfactorily addressed, Juan Fernando Caicedo intends to seek the effectiveness of the guarantee, request a replacement of the apartment, or demand a refund of $150,000,000. He also plans to pursue consumer protection actions under article 58 of the Ley 1480 de 2011 and seeks applicable sanctions against the company for not honoring the guarantee .
Failure to comply with consumer protection laws, as alleged, could result in Sociedad Constructora Pool S.A.S facing legal consequences, including mandatory compliance with warranty obligations or financial reparations such as refunds and penalties. It may also lead to reputational damage and increased scrutiny from regulatory bodies. Persistent non-compliance could result in additional sanctions as per article 58 of Ley 1480 de 2011, ultimately affecting their business operations .
'Indemnity' in consumer protection laws assures consumers like Juan Fernando Caicedo the right to compensation for losses due to defective products. It indicates that constructors must rectify faults or provide compensation if products fail to meet agreed-upon standards. In this case, the indemnity would require Sociedad Constructora Pool S.A.S to address the defects in the apartment or offer a replacement or refund, protecting Caicedo's investment and ensuring consumer rights are upheld .
Juan Fernando Caicedo provides several pieces of evidence to support his claims, including the public deed, property registration, the purchase contract, photographic records of the defects, a direct reclamation notice, and the response from the constructora. Additionally, he offers a sworn statement affirming no prior actions have been filed .
After the reported defects reappeared, Sociedad Constructora Pool S.A.S did not respond to Juan Fernando Caicedo's subsequent reclamation. This inaction may indicate a lack of commitment to resolving the underlying issues, potentially violating consumer rights to quality goods and adequate problem resolution. The lack of response undermines consumer trust and reinforces Caicedo's decision to seek further legal recourse .
Article 58, numeral 5 of Ley 1480 de 2011 is significant in Juan Fernando Caicedo's claims as it outlines the procedures for a direct reclamation in consumer protection cases. This article provides a legal basis for Caicedo to demand the enforcement of the warranty and to seek remedies such as replacement or refund if the goods do not meet quality standards as contracted. It underscores his legal right to pursue satisfaction of his claims before escalating to a formal consumer protection lawsuit .
Sociedad Constructora Pool S.A.S initially responded to Juan Fernando Caicedo's reclamations by stating they would send maintenance personnel to repair the defects within five days, which they did on April 25, 2018 .
