Using the Consumer Claims Tribunal

The Consumer Claims Tribunal is the ultimate step in a consumer’s complaint process.

If all attempts to reach an acceptable solution from a seller fail, including mediation by complaints officers from the Office for Consumer Affairs or by a registered consumer association, consumers can resort to the tribunal.

This tribunal has been specifically established to hear and determine consumer claims. Only consumers can take their claims before this tribunal and the claims should be about goods or services bought or hired for personal use.

The Consumer Claims Tribunal can only hear claims for compensation that do not exceed €3,500. If the claim exceeds this amount and the consumer still wishes to pursue it before this tribunal, the consumers need to declare that they are abandoning the amount of the claim that exceeds the tribunal’s limit.

This tribunal also has the authority to award not less than €35 and not more than €500 for moral damages caused by pain, distress, anxiety and inconvenience.

Filing a claim

A claim before the Consumer Claims Tribunal is made by filling the Notice of Claim form. This can be obtained from the Registry of the tribunal, located at 47A, South Street, Valletta, or by downloading the form online from the authority’s website: www.mccaa.org.mt.

Traders who have a claim against them can use the same form to make a counter-claim. In case of difficulty while filling the form, consumers and traders can seek the help of the tribunal’s members of staff.

The completed Notice of Claim form must be accompanied by a note by the director general (Consumer Affairs) or by a registered consumer association, depending which office carries out the mediation, declaring that no amicable settlement has been achieved on the issues in dispute.

When presenting the notice of claim or counter-claim, a small fee is charged. This fee varies according to the amount being claimed.

Fees start from €9.30, when the claim is between €2.30 and €582. It goes up to €13.90 when the value of the claim is between €582 and €1,164. It is €20.90 for claims between €1,164 and €2329. The maximum fee of €25.50 is for claims between €2,329 and €3,494.

Once the claim is lodged by the consumer, the trader is notified and offered the possibility to make a counter-claim. If the claim or counter-claim is disputed, the tribunal’s secretary will set a date, time and place when the hearing before the arbiter is to be held. These details are then communicated to both parties by post.

At the hearing, both parties are given the possibility to tell their side of the case, and this is done under oath. Both parties should therefore be well-prepared for the hearing so that their case is presented in the best possible way, especially if lawyers are not involved.

If the consumer or trader engages a lawyer they must pay the lawyer’s costs even if the case is won. It is also important for the consumer and trader to arrive for the hearing on time and to bring all evidence concerning the dispute, such as letters, invoices, bills, sale slips, contracts, photographs and other similar documentation.

Witnesses may also be summoned to attend the sittings. Should a witness refuse to attend and the tribunal deems their testimony as important, it may issue a Summons to Witness, ordering the witness to attend.

It is in the interest of both parties to attend the sitting because if either party fails to attend without giving an acceptable reason, the tribunal may decide the case against the missing party.

After the arbiter hears both parties and considers all the facts, a decision is taken. The decision will be communicated to each party by post.

Whoever wins the case may enforce the tribunal’s decision, just like a court judgment. First, however, the losing party should be given reasonable time to abide by the tribunal’s decision.

Right of appeal

Independently of the value of the claim, the party that loses the case has the possibility of filing an appeal against the decision of the tribunal.

The appeal can only be made within 20 days from the date of the decision.

If the amount of the claim in dispute is less than €1,200, the appeal can be made on any matter relating to the jurisdiction of the tribunal and on any questions relating to prescription.

An appeal can also be made where the arbiter has acted contrary to the rules of natural justice and as a result seriously prejudiced the outcome of the case.

If the claim exceeds €1,200, it is possible to appeal on all grounds.

Enforcing a decision

Once the 20-day period lapses, consumers may contact the trader and demand that the tribunal’s decision is honoured. Should the trader refuse to give the compensation granted by the arbiter, consumers should seek legal advice and get legal assistance to execute the tribunal’s decision through the applicable civil remedies.

Article 25 (3) of the Consumer Affairs Act provides that any court fees payable in respect of any warrant issued for the purpose of enforcing a decision of the Consumer Claims Tribunal shall amount to half of the court fees normally due.

More information about the Consumer Claims Tribunal may be obtained by calling the secretary on 2122 7070.

info@mccaa.org.mt

odette.vella@mccaa.org.mt

Ms Vella is senior information officer, Office for Consumer Affairs, Malta Competition and Consumer Affairs Authority.