Introduction
The Consumer Protection Summary Proceedings Adjudication Body No. 3 of INDECOPI (Instituto Nacional de Defensa de la Competencia y de la Protección de la Propiedad Intelectual – National Institue for the Defense of Free Competition and the Protection of Intelectual Property) issued Final Resolution No. 0222-2025/PS3, declaring the complaint filed by Mr. Wilman Reátegui Sánchez against the Club Lawn Tennis de la Exposición inadmissible. The decision is based on the absence of a consumer relationship, as the nature of the dispute corresponds to an associative link rather than a supplier-consumer relationship.
Background
Mr. Wilman Reátegui Sánchez filed a complaint against the Lawn Tennis Club, alleging that the institution had unjustifiably rejected his reinstatement request as an active member. The club’s refusal was based on an outstanding debt that excluded him from the membership register. In his complaint, Mr. Reátegui requested a sanction against the club and the payment of costs and expenses of the proceedings.
Analysis of the Case and the Concept of Consumer Relationship
INDECOPI recalled that, according to the Consumer Protection and Defense Code, its authority can only intervene in consumer relationship cases, i.e., when an individual or legal person acquires goods or services from a supplier in exchange for financial compensation.
In this regard, the Civil Code stipulates that an association is a non-profit organization intended to promote cultural, sporting, or social activities. For the Lawn Tennis Club, its structure and purpose are based on the members’ shareholding and compliance with its internal statutes, without this constituting a consumer relationship.
The membership payment or association fees are not a consideration for a commercial service but a voluntary contribution supporting the association. Therefore, any conflict arising from the affiliation or exclusion of members must be resolved within the framework of the club’s internal regulations rather than under the scope of the Consumer Protection and Defense Code.
INDECOPI’s Decision
After reviewing the arguments and evidence presented, the INDECOPI determined that the case does not qualify as a consumer relationship and, therefore, falls outside of its jurisdiction. Consequently, it decided to
- Dismiss the complaint against the Lawn Tennis Club for lack of a consumer relationship.
- Inform the complainant that the resolution does not exhaust the administrative process and that he may appeal within 15 business days.
- Note that the complainant may resort to legal action if his rights have been violated.
Conclusion
INDECOPI Resolution No. 0222-2025/PS3 clarifies the limits of its jurisdiction in cases involving non-profit associations, establishing that internal disputes between a member and the organization are not a consumer relationship. This ruling sets an important precedent for other similar entities, reaffirming the mandatory resolution of disputes on associations within the corresponding regulatory framework rather than under consumer protection legislation.
Source: Resolucion-Final-0222-2025-PS3-LPDerecho.pdf