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FEDERAL CONSUMER PROTECTION LAW - page 32 / 38

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The Agency may issue a resolution to process containing said rulings indicated in the preceding paragraphs, which shall constitute a document proving plaintiff's right of execution, nonnegotiable in favor of the consumer, provided the contractual obligation breached contained therein is true, enforceable and certain in opinion of the judicial authority, with respect to which the supplier may dispute the amount of such document, introduce evidence and assert the defenses deemed advisable.

With regards to any hearing, the pertinent minute shall be drafted. In case the supplier does not sign the minute, this shall not affect the legality of the hearing, and such denial shall be recorded.

In order to substantiate the settlement procedure indicated in this Chapter, the Federal Code of Civil Procedure (Código Federal de Procedimientos Civiles) shall be applied in a supplementary manner.

ARTICLE 114 BIS.- The ruling set out in the preceding article shall be made based upon the following considerations:

I. The amount of the contractual obligation shall be estimated in view of the amounts originally agreed by the parties;

II. The degree of performance carried out by the supplier in relation to the obligation subject-matter of the procedure shall be analyzed;

III. With the aforesaid data, the defaulted obligation shall be estimated and, if applicable, the refund indicated in Article 92 TER, and

IV. The refund indicated in the preceding subsection shall be estimated according to the following criteria:

a) In cases when the consumer would have delivered the total amount of the transaction to the supplier, the refund shall be 30% of the amount of the contractual obligation established in the ruling;

b) When the consumer would have delivered over 50% of the total amount of the transaction to the supplier, the refund shall be 25% of the amount of the contractual obligation established in the ruling;

c) In cases when the consumer would have delivered up to 50% of the total amount of the transaction to the supplier, the refund shall be 20% of the amount of the contractual obligation established in the ruling, and

d) In other cases, the pertinent refund shall be 20% of the amount of the contractual obligation established in the ruling.

The refunds indicated above shall be set without prejudice to the penalties the supplier may deserve, or the ones amended by the judicial authority.

ARTICLE 114 TER.- The ruling rendered shall contain the following:

I. Date and place of issuance;

II. Identification of the person who renders the ruling;

III. Name and address of both supplier and consumer;

IV. The contractual obligation and type of good or service in question;

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