CHINESE shoppers who were worried about their rights as consumers were most concerned that their complaints would not be dealt with properly, according to a survey conducted by the China Social Investigation Institute.

Over 20 per cent of those surveyed said they felt only one day in the year - March 15, World Consumers' Day - was really useful for disgruntled shoppers.

"At present, the cost of complaining for ordinary consumers is definitely high," said Xu Lanbo of the Shanghai Academy of Social Sciences. "Though there are many ways for people to complain, as to their being effective, most are not satisfactory."

"I don't believe that complaints to the store or to an administrative department would produce any results," said a woman attending a function in Xujiahui held in connection with this year's Consumers' Day. "I have tried but failed and it is me who gets screwed up in the end," she said.

She had bought a television set at a well-known department store but found a quality problem with it the next day. To obtain another television set, she and her husband had to go back to the store three times in one week to complain. In the end she did get another television set and paid a transportation fee to have it delivered. But the regulations say she should not have had any trouble with getting it replaced. Household electrical appliances may be changed if sent back one week after purchase, according to the regulations.

"It cost me too much trouble. We ordinary people haven't so much time, energy and ability to deal with these issues," she said.

And it is not easy even for an expert in the law to launch a complaint. Wang Huhua, a professor at East China University of Politics and Law told of his own experience to the Shanghai Weekly.

He bought a suit but found the size of the trousers didn't fit him when he put them on at home. To change them for the right size, he went to the store, to the Jiefang Daily, and to the Consumers' Association to lodge a complaint. After several sessions of discussion and argument, he finally got another pair of trousers.

"But I don't think I am the winner at all," he said. "I spent too much energy and time."

Powerless mediation

The reason for the problem, according to Xu, is that those who receive complaints don't have the power to enforce the law. Instead, mediation is the only channel and this isn't much use to a lone consumer who has to negotiate with a big company.

"Many people find it difficult to solve their problems by themselves but it is also no use to ask for help from the government because the government hasn't the right to judge or punish," Xu said. "It should be the court's task."

But most ordinary people, especially those with average income and educational background, cannot afford to go to court. Maybe their complaint involves only a few hundred yuan. But the cost of going to court, hiring a lawyer and collecting proof, is much higher.

"In addition, for a long time, because of tradition, people were used to depending on the government if there was any difficulty," Xu said. "But according to the law, the government department can only adjust or make suggestions. If the two sides don't accept these, the government had no right to compel a solution."

Experts also pointed out that the complaints procedure also involved a lot of trouble. "To deal with a complaint, the consumer has to go here and there several times," Xu said. "If it is taken to court, it is even more trouble. From the court accepting the case, collecting proof, from hearing to appeal, the most smooth process still involves at least three hearings.

"With the quickening pace of life, fewer people are willing to complain and lose hundreds of yuan. That's why the number of consumer disputes seems less these years."

Changes for better

From this month, the former Shanghai Consumer's Association became the Shanghai Consumers' Rights Protection Commission, which is also a first in the country.

After the change, the new commission consists of three parts: government departments, enterprises and associations and consumer representatives.

"It can be said to be an improvement," Xu said. "According to my knowledge, after the reform, the organization has certain rights to decide on a dispute instead of just mediating. But I am not sure if the effect will be as good as we expect."

In addition, a new centre designed to work out minor consumer disputes was established by the Shanghai Arbitration Commission last year. "Consumers can now solve disputes without lodging complaints and filing a lawsuit," Xu said.

Consumers can apply for arbitration if the money or goods under dispute are worth less than 50,000 yuan (US$6,000) and both parties agree to arbitration.

"It is a good beginning and I have also suggested many times that there should be a court to hear minor cases which can be solved in one day," Xu said. "It may help those who are in trouble more efficiently."