Complaint form (hoja de reclamaciones): when and how to use it

Key rules

• Refusal: A business that sells to the public must give you the form on request, and if it refuses you can call the local police to record the refusal.
• Copies: Keep your copy and send the original, with your evidence, to the consumer office.
• Compensation: The consumer office does not award compensation; for that you need arbitration or the courts.
• Region: Forms, online filing and exemptions vary by region, so check your regional consumer portal.

Ask for the form there and then

A business that sells to the public must give you the hoja de reclamaciones when you ask. It cannot refuse or set conditions. Most businesses must also display a sign saying the forms are available. Ask at the counter or reception, while you are still there.

If the business refuses, you can call the local police to record the refusal. A refusal can also lead to a fine for the business. Do not leave without noting the time and the name of the person who refused.

Rules differ by region. Some regions exempt certain activities or use different forms for some sectors. Check your regional consumer portal if the business says its sector is different.

Fill it in

Write your personal details and the facts clearly: what happened, when, where, and what you want. Stick to what you can show. Ask the business to sign or stamp its copy.

Handle the copies

The paper form usually has three copies. The original goes to the consumer authority, one copy is yours and one stays with the business. The colours vary by region.

Keep your copy. Attach evidence to the original, such as receipts, invoices, contracts, photos or ticket stubs. Keep photos or scans of everything before you send it.

Send it

Send the original to the OMIC, your town hall's consumer office, or to your regional consumer office. Many regions let you file online through the regional portal, sometimes with a digital certificate or Cl@ve. Some regions still want the original paper form delivered or posted. Check the portal before you choose.

What happens next

The authority registers your complaint and checks whether it can deal with it. It can reject a complaint that is outside its powers. If it accepts it, it sends it to the business and asks for a reply, usually within 10 to 15 days. The office may share the reply with you and try to mediate an agreement. If it sees signs of an infraction, it can open a sanction file, which can lead to a fine for the business. You will be told the outcome.

The office does not award compensation. If you want money back or damages, ask about arbitration or go to the courts.

The checklist, warnings and questions below cover the rest.

Timeline and deadlines

• Fill in the form at the business and send the original with your evidence to the consumer office: as soon as you have filled it in

• The authority registers the complaint and checks whether it can deal with it: after you file

• The authority sends the complaint to the business and asks for a reply: usually 10 to 15 days for the business to answer

• The office may share the reply with you, mediate and try to reach an agreement, and tell you the outcome: after the business replies

Documents you need

• The complaint form (hoja de reclamaciones), usually in three copies, supplied by the business. The original goes to the consumer authority, one copy stays with you and one with the business.

• Evidence to attach to the original, such as receipts, invoices, contracts, photos and ticket stubs.

• A digital certificate or Cl@ve electronic ID, if your regional portal asks for one when you file online.

Checklist

• Ask the business for the complaint form and fill it in with your details and the facts.

• Check your regional consumer portal to see whether you can file online or must deliver or post the original.

• Watch for the business's reply and the office's outcome. If you want compensation, ask about arbitration or the courts.

What to watch out for

• The business refuses to give you the form: A business that sells to the public must give you the form on request, and refusing can be an offence. If it refuses, you can call the local police to record the refusal. Stay calm, repeat your request, and call the local police if the business keeps refusing.

• Some activities are exempt or use different forms: Some regions exempt certain activities or use different forms for some sectors, so you may not get the standard form. Ask the business which form applies, or check with your regional consumer authority.

• The complaint is rejected or brings no money: The authority can reject a complaint outside its competence, and it does not award compensation even if the business is fined.

Frequently asked questions

Which copy of the complaint form do I keep?

You keep your own consumer copy of the form, and the business keeps one too. The original, usually white, goes to the consumer authority.

Can I file the complaint online instead of on paper?

Yes, many regions let you file online through the regional consumer portal, but the requirements differ by region. Some ask for a digital certificate or Cl@ve, and some accept a scanned form. Others require the original paper form to be delivered or posted.

Will the consumer office get me compensation?

No, the consumer office does not award compensation. It can ask the business to reply and try to reach an agreement. For compensation you need consumer arbitration or the courts.

Can the office reject my complaint?

Yes, the office can reject your complaint if the matter is outside its competence. Otherwise it registers the complaint and sends it to the business for a reply. If it finds signs of an infraction, it can open a sanction file against the business.