A consumer purchased four infrared heaters from a local seller and when she started using these heaters she realised that they were not economical but, on the contrary, consumed a lot of electricity to function. The consumer felt that prior to purchase she should have been informed by the seller that the heaters were not economical. She complained with the seller about this and requested compensation. The trader rejected her request.

At this point the consumer lodged a complaint with the Office for Consumer Affairs so that conciliation is carried out with the aim of reaching an amicable agreement with the seller. No agreement was reached, as the trader insisted that the consumer freely chose the type of heaters and in no way did he make the consumer believe that she was purchasing energy-saving heaters. As no amicable solution was achieved, the consumer opted to take her case to the Consumer Claims Tribunal.

After considering the consumer’s claim, the arbiter underlined the importance that consumers get as much information as possible about the product they are about to purchase so they are able to make an informed buying decision. Referring to this particular case, the arbiter said that from the evidence tendered before the tribunal, it did not seem that prior to purchase the consumer gathered information about the infrared heaters to ensure that these were economical with regards to energy consumption.

Hence, since the consumer failed to prove that the heaters were not fit for the particular purpose she had requested from the trader before concluding the sale, as she did not specifically request energy-saving heaters, the tribunal concluded that she could not prove that the product sold to her was not fit for purpose.

Consequently, for these reasons, the tribunal rejected the consumer’s claim and ruled that each party should bear its own expenses with regards to the legal procedures.

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

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