Introduction
INDECOPI’s Third Consumer Protection Summary Proceedings Body issued Final Decision No. 0222-2025/PS3, declaring inadmissible the complaint filed by Mr. Wilman Reátegui Sánchez against the Lawn Tennis Club of the Exposition. The decision is based on the inexistence of a consumer relationship, as the nature of the controversy corresponds to an associative link and not to a supplier-consumer relationship.
Case context
Mr. Wilman Reátegui Sánchez filed a complaint against the Lawn Tennis Club alleging that the institution had unjustifiably rejected his request to be reinstated as an active member. The club’s refusal was based on the existence of an outstanding debt that led to his exclusion 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 cases where there is a consumer relationship, that is, when a natural or legal person acquires goods or services from a supplier in exchange for financial compensation.
In this sense, the Civil Code establishes that an association is a non-profit organization whose purpose is to promote cultural, sporting or social activities. In the case of the Lawn Tennis Club, its structure and purpose are based on the participation of its members and compliance with its internal statutes, without this constituting a consumer relationship.
The payment of a membership or association fees is not considered a consideration for a commercial service, but a voluntary contribution for the support of 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 and not under the scope of the Consumer Protection and Defense Code.
Decision of INDECOPI
After reviewing the arguments and evidence presented, INDECOPI determined that the case does not qualify as a consumer relationship and, therefore, falls outside its competence. 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 or she may file an appeal within 15 business days.
- Note that the complainant may resort to legal action if he or she believes that his or her 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 do not constitute a consumer relationship. This ruling sets an important precedent for other similar entities, reaffirming that disputes in associations should be resolved within the corresponding regulatory framework and not under consumer protection legislation.