If you have a problem with a product or service and complaining to the trader does not resolve the problem, and mediation through the Office for Consumer Affairs or a registered consumer association proves unsuccessful, the only way you may obtain the remedy you are legally entitled to is through the Consumer Claims Tribunal (CCT). This tribunal safeguards consumer rights by providing a swift and inexpensive form of redress.
The CCT may hear claims of consumers who have problems with goods or services bought or hired from a trader for their personal use. It is normally the consumer who presents a claim before the tribunal. However, the tribunal may also hear and decide upon counter-claim by a trader if the consumer would have made the claim against the trader before the tribunal.
The CCT may also hear a case started before a court and which, later, by agreement between consumer and trader, is referred to a hearing before the tribunal. This institution can offer up to €3,500 in financial compensation. If the compensation the consumer is seeking exceeds this sum, the latter will need to engage a lawyer and take the claim to the Civil Courts.
The CCT may award up to €500 in compensation for moral damages caused by any pain, distress, anxiety or inconvenience the consumer might have suffered because of the problematic goods or services.
The Consumer Claims Tribunal can offer up to €3,500 in financial compensation
Consumers have to pay a small fee if they want their case to be heard before the tribunal. This fee varies depending on the amount of compensation the consumer requests.
It is in the interest of both consumer and trader to attend the tribunal’s hearing. If one cannot attend due to a valid reason, the tribunal’s secretary should be notified immediately so that the hearing is postponed. Failure to attend may lead the tribunal to decide the case against the missing party.
Both parties should be well prepared for the hearing. Any documentation and evidence related to the case should be brought to the sitting to help establish the facts concerning the dispute. At the hearing, both parties are given the possibility to tell their side of the case and this is done under oath.
Since the tribunal functions in a way that does not require the presence of a lawyer, there is no need to be assisted by one during the hearing.
However, one may still opt for legal assistance. When this is the case, one must pay for such legal assistance even if the case is won.
Once the arbiter takes their decision, the losing party must honour the judgment. The latter should be given reasonable time to abide by the decision. If the losing party decides to appeal, this must be done within 20 days of the decision.
More information about the CCT can be obtained by calling 2122 7070.
odette.vella@mccaa.org.mt
Odette Vella is senior information officer, Office for Consumer Affairs, Malta Competition and Consumer Affairs Authority.