Effective consumer complaints

It is usually a hassle and frustrating to find out that goods or services purchased are either defective or not as agreed with the trader when the sale took place.

In such situations, anger is usually a first reaction. But even though our instinct tells us to rush to the shop, make a scene and claim our money back, we should never do this. My advice is to stay calm and first check what our legal rights are.

Consumer law stipulates that any goods bought should be in conformity with the description and specifications in the contract of sale. Goods should be fit for the purpose for which they were bought and not have any hidden defects.

Whenever these criteria are not met the law entitles us to request that the product is either repaired or replaced free of charge. If both repair and replacement are inconvenient or not possible, we may ask for a refund of part of the price or revocation of the contract, which is basically a full money refund. If, however, the defect was simply the result of normal usage, legal remedies cannot be claimed.

Before complaining with the trader, it is advisable to first evaluate the remedies the law grants us and determine the solution to opt for. To support our claim we may need to gather evidence about our complaint. We may have to go to the Consumer Claims Tribunal to obtain a remedy and hence might need evidence to put in front of the arbiter to support our case.

It is necessary to keep all documents related to the purchase, such as the fiscal receipt, the contract of sale, and, where applicable, the commercial guarantee.

The proof of purchase may be necessary to obtain redress, as we may need to prove where we bought the goods or services. A fiscal receipt is one way to prove we bought an item or paid for a service.

If we paid by credit card, we could use our credit card statement as proof of purchase. A cheque stub can also be used as proof of purchase. But if we pay for an item in cash, we should ask for the receipt and keep it safe.

While dealing with the trader we should create a complaint diary and use it to list what happened, when it happened and who we spoke to. This would help jog our memory when discussing our complaint.

As soon as we notice a fault, we should act quickly. The remedies the law grants can only be claimed within the two-year time limit from the date of delivery. The law also stipulates that the consumer must inform the trader about the lack of conformity in writing within two months from discovery of the defect.

Moreover, if a consumer takes back the faulty goods within six months of buying them, the trader must accept they were faulty at the time of sale and offer one of the remedies established by law.

Should the trader not accept that the goods were faulty, it is up to the trader to prove this. If, on the other hand, the consumer is in possession of the goods for more then six months when something went wrong, the consumer can still ask the trader for a remedy. But at this point, it is up to the consumer to prove that the goods were faulty at the time of purchase.

Complaining in person can be more effective than on the phone. Moreover, our attitude should always be polite and respectful.

If the trader does not meet our request for compensation or redress, the next step is to put our complaint in writing for actual proof of our complaint. We should then seek the assistance of the Consumer and Competition Division.

Complaints can either be lodged personally by going to the division's offices at Cannon Road, St Venera, or call Freephone 8007 4400. The offices are open to the public from Monday to Friday between 8.30 a.m. and 1.30 p.m. On Wednesdays, opening hours are extended to 4 p.m.

Most of the cases are resolved through mediation by complaints officers who work within the division. However, if mediation does not work, we can submit the case to the Consumer Claims Tribunal.

customer@timesofmalta.com, odette.vella@gov.mt

Ms Vella is senior information officer, Consumer and Competition Division.