The right to redress enables consumers to claim adequate and justifiable remedies or compensation from traders when something they buy does not conform with the sale agreement.

If a problem arises with a purchase, consumers are first required to communicate with the seller or service provider to discuss possible solutions. In case no agreement is reached, consumers may then register a complaint with the Office for Consumer Affairs at the MCCAA. If even the authority’s conciliation process does not lead to an agreement, consumers may then proceed with their claim through the Consumer Claims Tribunal.

This tribunal is an independent institution set up to hear and decide consumer claims in relation to goods or services bought or hired from traders. Only consumers can submit a claim before the tribunal; however, traders may make a counterclaim on the same dispute. The tribunal may also hear a case started before the Civil Courts, which later, by agreement between the two parties, is referred for hearing before the tribunal.

To date, the maximum amount of compensation that can be claimed through the Consumer Claims Tribunal is limited to €3,500. If the amount of compensation claimed exceeds this limit, consumers need to take their case to the Civil Courts.

The tribunal may also award moral damages caused by any pain, distress, anxiety or inconvenience consumers may have suffered in relation to the dispute with the trader. On the other hand, vexatious or frivolous claims can be penalised as the defaulting party may be ordered to pay the other party a penalty of not more than €120.

Costs are minimal to file a complaint before this tribunal. Its fees range from €9.20 to €25.50 depending on the amount claimed. Furthermore, neither consumers nor traders need to be represented by a lawyer. Hence, no legal fees have to be incurred. If a lawyer is hired, all expenses must be paid by the party engaging the legal assistance regardless the outcome of the claim.

Neither consumers nor traders need to be represented by a lawyer. Hence, no legal fees have to be incurred

When a claim is submitted, the trader involved is informed by the tribunal about the claim. At this point it is still possible for the two parties to resolve the dispute amicably. If the trader rejects the consumer’s claim, a date for the sitting before the arbiter is scheduled.

At the hearing, both the consumer and the trader are given the possibility to tell their side of the case under oath. All documentation and evidence pertinent to the case may be presented to establish the facts concerning the dispute. Witnesses may also be summoned for these sittings. If a witness refuses to attend and the tribunal deems their evidence important, it may order the witness to attend.

It is obligatory for both parties to attend the tribunal’s hearing as failing to do so may lead the arbiter to decide the case against the missing party. If for a valid reason one cannot attend, the tribunal’s secretary must be notified immediately so that the hearing is rescheduled to another date.

Once the arbiter hears both parties and considers all the facts, a decision is taken and communicated by post to the parties involved. Whoever wins the case may enforce the tribunal’s decision. The losing party has the possibility to appeal within 20 days from the date of the sentence.

If the amount of the claim is less than €1,200, an appeal may be made on matters related to the jurisdiction of the tribunal, on any question relating to prescription, and on any action of the tribunal considered as contrary to the rules of natural justice. If the claim exceeds €1,200 it is possible to appeal on any grounds.

If no appeal is filed within 20 days, consumers may contact the trader and request the compensation or remedy decided by the tribunal. Should the trader refuse or ignore the consumers’ request, then consumers need to seek legal assistance to execute the tribunal’s decision. The Office for Consumer Affairs follows up tribunal decisions and may issue a public warning statement against traders who refuse to abide by these decisions.

For further information on the Consumer Claims Tribunal call the tribunal’s office on 2122 7070.

www.mccaa.org.mt

odette.vella@mccaa.org.mt

Odette Vella, Director, Information and Research Directorate