Problems with purchased goods and services may crop up despite us taking precautions before concluding a sale.
When this happens, our first responsibility as consumers is to try to sort things out with the trader. If, however, our communication with the seller proves unsuccessful, and we do not manage to solve the problem alone, our next move is to seek the help of the Office for Consumer Affairs at the Malta Competition and Consumer Affairs Authority or a registered consumer association.
The Consumer Claims Tribunal (CCT) is the final step to obtain the redress we are legally entitled to if everything else fails.
The CCT has the legal power to grant redress and compensation to consumers when their legal consumer rights have been breached. Only consumers can take their claim before this tribunal.
The main advantages of the CCT are its effectiveness in providing quick solutions, and the fact that it is not expensive. Consumers do not need to be represented by a lawyer during the hearing, hence no legal fees are involved.
The only fee to be paid is that for registering the case at the tribunal. The fees vary according to the compensation amount claimed. For instance, the lowest fee is €9.20 when the claim does not exceed €582.
The maximum fee is €25.50 when the amount claimed is between €2,329 and €3,500. The latter is the maximum amount a consumer can claim through the CCT tribunal. If the amount of compensation claimed exceeds €3,500, consumers need to take their case to the Civil Courts.
A recent study showed that over the past four years the CCT issued decisions in about 1,300 cases, which resulted in €371,422 being awarded as compensation to consumers.
This year alone, consumers whose cases were decided by this tribunal received €128,949 as financial compensation.
The CCT may also award consumers not less than €39 and not more than €500 in compensation for moral damages suffered due to shortcomings in the product or service purchased.
Once a case is filed and registered, the tribunal’s secretary notifies the trader. At this point, the latter has the possibility to make a counter claim or settle the matter. If the two parties do not reach an understanding at this stage, the secretary assigns the case to one of the tribunal’s arbiters and schedules a date for the hearing. 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 consumer and trader should be well prepared for the hearing so that their case is presented in the best possible way, especially if lawyers are not involved. Should a lawyer be engaged, one must pay the legal fees even if the case is won.
It is also important that all evidence is presented at the hearing, such as letters, invoices, bills, sales receipts, contracts, photographs and other similar documentation.
Witnesses may also be summoned for these sittings. Should a witness refuse to attend, and the tribunal deems the evidence important, it may issue a Summons to Witness, ordering the witness to attend.
It is in both parties’ interest to attend the tribunal’s sitting because if either party fails to do so without giving an acceptable reason, the arbiter may decide the case against the missing party. Whoever wins the case may enforce the tribunal’s decision just like a court judgment.
However, the losing party should be given reasonable time to abide by the decision.
Independently of the value of the claim, the losing party has the possibility to appeal against the decision on any matter relating to the jurisdiction of the tribunal and on any question relating to prescription.
It is also always possible to appeal in those cases where the arbiter has acted contrary to the rules of natural justice and as a result seriously prejudiced the outcome of the case.
In cases where the claim exceeds €1,200, it is possible to appeal on all grounds. However, appeals can only be made within 20 days from the date of the decision of the tribunal.
More information about the Consumer Claims Tribunal can be obtained by contacting the secretary on 2122 7070.
odette.vella@gov.mt
Ms Vella is senior information officer, Office for Consumer Affairs, Malta Competition and Consumer Affairs Authority.