Consumers must be prepared to explain what went wrong or what the problem is and what solution they want.

When faced with a problem, consumers should first speak to the seller or service provider who sold them the product or service.

When complaining, consumers should present the documents related to the purchase, the most important of which is the proof of purchase. They must also be prepared to explain what went wrong or what the problem is and what solution they want.

If complaining to the trader is not sufficient to resolve the problem, consumers should follow up with a complaint in writing and send it through registered mail within two months from when which they detected the lack of conformity in the product they bought. If consumers do not get a reply, or are not offered an acceptable solution by the seller, the next step is to register a complaint with the Complaints and Conciliation Directorate within the Office for Consumer Affairs.

To file a complaint, consumers may either call personally at the MCCAA offices at Mizzi House, National Road, Blata l-Bajda, or at the 47A, South Street, Valletta.

Consumers may also write a complaint letter addressed to the director, Complaints and Conciliation Directorate or send an e-mail to fair.trading@mccaa.org.mt.

Once consumers register their complaint with the authority, it is evaluated to see if it is legally justified and whether it falls within the remit of the MCCAA. If the complaint is justified, it will be assigned to a complaint handler. The latter may request further information or documentation from the consumer.

It is the consumer’s responsibility to provide the facts and documentation necessary for the complaint handler to carry out conciliation.

During the mediation process, the complaint handler contacts the trader in question and informs him of his legal obligations. The main objective of the mediation is to settle the case amicably.

However, the complaint handler’s role is limited to mediation and the outcome of the mediation process will largely depend on the good will of the parties involved.

The complaint handler should inform consumers of any developments throughout the conciliation process. If mediation proves unsuccessful, consumers have the options of submitting a claim before the Consumer Claims Tribunal or withdrawing the complaint.

If consumers choose to refer their case to the Consumer Claims Tribunal, they will be asked to fill in the Notice of Claim form and submit it to the tribunal’s registry together with the applicable registration fee.

odette.vella@mccaa.org.mt

The author is senior information officer, Office for Consumer Affairs, Malta Competition and Consumer Affairs Authority.