Consumer Claims Tribunal decisions not honoured

According to our records, the following cases have not been honoured by the traders involved. However, if any of the traders listed below have honoured their Consumer Claims Tribunal decision, I appeal to the traders and consumers involved to inform me in writing. They will then be removed from the list which is currently being featured in this column every month.

It is disturbing to note that we have so many CCT decisions not honoured. Although I hate featuring these cases, it is very important for consumers to know about traders who do not honour CCT decisions. In no uncertain terms these traders do not deserve our custom and this is why we regularly feature such traders.

Mary A. Smith vs C. Gauci Waterproofing
Mary A. Smith commissioned C. Gauci Waterproofing to do a waterproofing job on her roof and paid them Lm800. After about a year, when it rained, the waterproofing did not sustain the rain. Mrs Smith submitted a claim to the CCT.
The CCT arbiter, in a decision (Ref: CCT 120/04) on January 11, 2005, upheld her claim and ordered C. Gauci Waterproofing to pay her Lm800 plus expenses.

Josephine Attard vs Flexi Marketing Ltd
The CCT arbiter, in a decision (Ref: CCT 131/05) on June 9, 2005, accepted Josephine Attard's claim and ordered Sandro Bianchi of Flexi Marketing Ltd to pay her Lm400, and Lm50 as moral damages plus expenses against Flexi Marketing Ltd.

Horace Farrugia vs Ctronics
On January 10, 2003, Horace Farrugia paid Chris Borg of Ctronics Lm230 for a Sony 15" TFT monitor. On realising that the monitor was damaged, Mr Farrugia submitted a claim for Lm230. However, Mr Borg did not submit a reply to this claim.
The CCT arbiter in a decision (Ref: CCT 135/05) on December 15, 2005, partially accepted Mr Farrugia's claim and ordered Mr Borg to pay Mr Farrugia Lm120, with expenses to be paid by Mr Farrugia.
Subsequently, on February 16, 2006, the arbiter issued another order in CCT 135/05, after having taken cognisance of a note submitted by Mr Farrugia that the monitor be returned to Mr Farrugia.

Simone Calaio vs Cecile Boutique
Simone Calaio made a Lm30 deposit for a dress costing Lm65 at Cecile Boutique. When she went to pick up the dress, she noticed a defect in workmanship around the neckline. Ms Calaio asked Cecile Boutique to give her the chance to choose another dress, to no avail.
The CCT arbiter, in a decision (Ref: CCT 232/05) on April 25, 2006, ordered Cecile Boutique to pay Ms Calaio Lm30. I appeal to Mr Jones, owner of Cecile Boutique, to pay Ms Calaio her Lm30.

Joseph and Rita Xerri vs Viaggi Montebello
The Xerris booked and paid for a flight to London, which, due to a bombing incident, was cancelled. Joseph Xerri sustained that what happened was not his fault.
The CCT arbiter, in a decision (Ref: CCT 281/05) on May 30, 2006, partially upgeld the Xerris' claim and ordered Viaggi Montebello to pay the Xerris Lm100 plus expenses.

Mary Ann Grima vs A to Z TV Teleshopping
On January 17, 2006, Mary Ann Grima bought five items, including a radio, for Lm13. It later transpired that nothing worked. She asked A to Z TV Teleshopping to refund her the Lm13 she had paid.
However, rather than a refund, the staff at A to Z TV Teleshopping were only prepared to give her a credit note. Despite having been advised about the hearing, nobody from A to Z TV attended.
The CCT arbiter, in a decision (Ref: CCT 21/06) on August 31, 2006, accepted Ms Grima's claim and orders A to Z T.V. to refund her Lm13 plus expenses.

Josephine Formosa vs European Holidays
Margaret Casha vs European Holidays
Josephine Formosa took a week's holiday in Tunisia. They were held up for about five hours at Malta International Airport and, when they were coming back, they were asked to leave the hotel at 11 a.m. instead of at 4 p.m. as they were previously told. Ms Formosa submitted a claim for Lm30.
The CCT arbiter, in a decision (Ref: CCT 52/06) on August 10, 2006, found in favour of Ms Formosa and ordered European Holidays to pay her Lm20 plus expenses of Lm4.
The arbiter gave the same decision (Ref. CCT 53/06) in Mrs Casha's case.
Ms Formosa and Ms Casha travelled together. They claim that they were paid Lm20 each but were not paid the extra Lm4 each for expenses. I appeal to European Holidays to honour the arbiter's decision in full by paying Ms Formosa and Ms Casha Lm4 each.

Emanuela and Saviour Brincat vs Radamatic Ltd
The Brincats bought 97 m2 of Gres floor tiles from Radamatic Ltd. After the tile layer finished his work, Saviour Brincat washed the tiles and it transpired that there were three different colour shades. Radamatic wanted to change some of the tiles only, rather than all the tiles.
On having taken cognisance of both versions, the CCT arbiter noted in a decision (Ref: CCT 83/06) on August 31, 2006, that the Brincats' version was more credible. The arbiter ordered Radamatic to pay the Brincats Lm500 plus expenses.

Paul and Antoinette Mangion vs Seguna Woodworks
The Mangions bought a leather sofa from Seguna Woodworks for Lm722. After some time, the stitching of the sofa started coming off and the Mangions claimed Lm284 from Seguna Woodworks. This constituted the cost of repairing the sofa. Seguna Woodworks stressed that it was due to having moved the cushions.
However, on having seen the photos of the sofa, and on having listened to both sides of the case, the CCT Arbiter in a decision (Ref: CCT 151/06) on February 15, 2007, accepted the Mangions' argument and ordered Seguna Woodworks to pay the Mangions Lm200 plus expenses.

Carmen Zammit vs Mobile Phone Centre
Carmen Zammit bought a mobile phone from Mobile Phone Centre, Independence Avenue, Mosta. In January, 2006, the phone had problems with its speaker. In April, 2006, it had further defects in its charging system. Ms Zammit referred the case to the CCT Arbiter.
Despite being notified about the CCT hearing date, Mobile Phone Centre did not attend the hearing. However, the CCT Arbiter in a decision (Ref: CCT 250/06) on February 15, 2007, noted that Ms Zammit's version was credible and ordered Mobile Phone Centre to pay her Lm35 plus expenses.