A consumer paid a deposit of €1,348.61 for the purchase and installation of a garage sliding gate. When the gate was installed by the supplier, the consumer noticed that it wasn’t properly installed and therefore wasn’t working as it was meant to.

The consumer complained with the trader about the problematic gate and asked for it to be fixed. The consumer also hired an architect to check the gate and to confirm if it was properly manufactured and installed. The architect reported that the installation was not carried out properly but the trader still refused to fix the gate, as advised by the architect.

At this point the consumer lodged a complaint against the supplier with the Office for Consumer Affairs within the MCCAA. Conciliation was carried out but unfortunately the two parties did not reach an amicable solution. Hence the consumer opted to take the case to the Consumer Claims Tribunal. In his claim, the consumer requested a full refund of the deposit paid and an additional compensation of €250 for moral damages.

The tribunal considered the amount of money the consumer paid for the manufacture and installation of the sliding gate and the fact that it was not functioning as it should. The tribunal also considered the architect’s report, which clearly stated what was wrong with the gate and the installation. Furthermore, the tribunal noted that the trader was given various opportunities by the consumer to provide an adequate remedy but this was not provided.

Since the tribunal could not hear the trader’s version, as the latter neither replied to the notification of claim nor attended the sitting, the tribunal relied on the consumer’s claim, which was consolidated by the architect’s technical report. Hence it partially met the consumer’s claim to a full refund of €1,348.61 but refused the claim of €250 for moral damages. The tribunal’s arbiter also ruled that the trader should pay the expenses of the tribunal’s sitting, including the consumer’s expenses for the architect’s report. Furthermore, once the trader pays the consumer the amount of money due, the sliding gate should be returned to the trader.