Two weeks ago I bought a gas heater from a local seller for €150. When I switch on this heater it produces fumes that are making me sick. At home I have other heaters that were purchased more than two years ago which do not produce the smell and fumes like this new heater.

I complained to the seller who sent someone to check it out. The seller is insisting there is nothing wrong with the heater. I obviously do not agree. Can I request a replacement or money refund?

Necessary checks to verify gas heater is safe

As per the Consumer Affairs Act, sellers are obliged to provide consumers with a free remedy when they sell them goods that do not “show the quality and performance which are normal in goods of the same type and which the consumer can reasonably expect, given the nature of the goods”. This basically means that if the heater that you purchased produces more smells and fumes than what is normal in gas heaters, then you should send a registered letter to the trader to officially inform him about your complaint and also request a free remedy as the heater you were sold does not “show the quality and performance which is normal in goods of the same type”.

You should also report this heater to the Technical Regulations Division within the Malta Competition and Consumer Affairs Authoritiy so that the necessary checks are made to verify that the gas heater has been manufactured as per the product safety regulations.

If the heater cannot be repaired, you may request that it is replaced with a new one. If a replacement won’t solve the problem, or repairs to be carried out cause you a significant inconvenience, then you may opt to terminate the contract of sale and request a refund.

Should the trader refuse to provide you with a suitable remedy, you may then lodge a complaint with the Office for Consumer Affairs.

Malta Competition and Consumer Affairs Authority
Office for Consumer Affairs
Mizzi House,
National Road,
Blata l-Bajda
HMR 9010

Freephone: 8007 4400
Tel: 2395 2000
Enquiries: info@mccaa.org.mt
Consumer complaints: fair.trading@mccaa.org.mt
Website: www.mccaa.org.mt

MCCAA office hours for the public:
Monday to Friday from 8.30am to 12.30pm

European Consumer Centre Malta
(For complaints against traders in other EU states)

47A, South Street,
Valletta.
VLT 1101

Monday to Friday from 8.30am to 3pm.

Tel: 2122 1901
E-mail: ecc.malta@gov.mt

Sign up to our free newsletters

Get the best updates straight to your inbox:
Please select at least one mailing list.

You can unsubscribe at any time by clicking the link in the footer of our emails. We use Mailchimp as our marketing platform. By subscribing, you acknowledge that your information will be transferred to Mailchimp for processing.