THE SUNDAY TIMES OF MALTA
Business and Money
I June 1, 2014
35
Consumer affairs
The CCT safeguards rights by providing a swift, inexpensive form of redress
Consumers’ right for redress
Odette Vella
Odette Vella is senior
information officer, Office
for Consumer Affairs, Malta Competition
and Consumer Affairs Authority.
If you have a problem with a product or service and complaining to the trader does not
resolve the problem, and mediation through
the Office for Consumer Affairs or a registered
consumer association proves unsuccessful,
the only way you may obtain the remedy you
are legally entitled to is through the Consumer Claims Tribunal (CCT). This tribunal
safeguards consumer rights by providing a
swift and inexpensive form of redress.
The CCT may hear claims of consumers
who have problems with goods or services
bought or hired from a trader for their personal use. It is normally the consumer
who presents a claim before the tribunal.
However, the tribunal may also hear and
decide upon counter-claim by a trader if
the consumer would have made the claim
against the trader before the tribunal.
The CCT may also hear a case started before
a court and which, later, by agreement
between consumer and trader, is referred to a
hearing before the tribunal. This institution can
offer up to €3,500 in financial compensation.
If the compensation the consumer is seeking
exceeds this sum, the latter will need to engage
a lawyer and take the claim to the Civil Courts.
The CCT may award up to €500 in compensation for moral damages caused by any pain,
distress, anxiety or inconvenience the consumer might have suffered because of the
problematic goods or services.
Both parties should be well
prepared for the hearing.
“The Consumer Claims
Tribunal can offer up to
€3,500 in financial
compensation”
Consumers have to pay a small fee if they
want their case to be heard before the tribunal.
This fee varies depending on the amount of
compensation the consumer requests.
It is in the interest of both consumer and
trader to attend the tribunal’s hearing. If one
cannot attend due to a valid reason, the tribunal’s secretary should be notified immediately so that the hearing is postponed.
Failure to attend may lead the tribunal to
decide the case against the missing party.
Both parties should be well prepared for the
hearing. Any documentation and evidence
related to the case should be brought to the
sitting to help establish the facts concerning
the dispute. At the hearing, both parties are
given the possibility to tell their side of the
case and this is done under oath.
Since the tribunal functions in a way that
does not require the presence of a lawyer,
there is no need to be assisted by one
during the hearing.
However, one may still opt for legal
assistance. When this is the case, one
must pay for such legal assistance even if
the case is won.
Once the arbiter takes their decision, the
losing party must honour the judgment. The
latter should be given reasonable time to
abide by the decision. If the losing party
decides to appeal, this must be done within
20 days of the decision.
More information about the CCT can be
obtained by calling 2122 7070.
[email protected]
Weekly consumer advice
■ The Consumer Claims Tribunal hears claims of consumers who have
problems with goods or services bought or hired from a trader for their
personal use.
■ The tribunal may award up to €3,500 in financial compensation for
losses suffered and up to €500 for moral damages.
■ It is mandatory to attend the tribunal’s hearing. Failure to do so may
result in losing the case.
■ There is no need to be assisted by a lawyer during the hearing.
■ The tribunal’s decision must be adhered to just like any other
court judgment.
Part excluded from guarantee
Q: Nine months ago, I bought a
power wash that had a two-year
commercial guarantee. Since then
I used it a number of times without
encountering any problems. All of a
sudden, the pressure went down
considerably and its switch is not
turning off. Since it was still under
warranty, I returned it to the seller
to be checked and fixed.
Apparently, the problem was the
jet nozzle, so they changed it. The
defective switch was also changed.
The problem is that the seller wants
me to pay for the repair, claiming the
defect was due to wear and tear.
The terms and conditions of the
commercial guarantee I was given
with the power wash did not list the
nozzle as wear and tear. In actual
fact, there were other parts listed
but not the nozzle.
I would like to know what are my
rights in this situation.
A: Consumer law does not
cover defects resulting from misuse or normal wear and tear.
However, in your case, the power
wash was also covered by a commercial guarantee. Even though
such a guarantee is given out
voluntarily by sellers, once given,
it is legally binding.
Commercial guarantees should
always be given in writing and,
besides other information, they
should include a clear description of the goods and services
covered by the guarantee.
Hence, if any parts of the product purchased are not covered by
the guarantee, these should be
clearly excluded in the terms and
conditions. In view of this, if the
nozzle was not excluded or listed
under wear and tear, the seller
should replace the nozzle without
charging you.
If you do not manage to reach an
amicable solution with the seller,
you may file a complaint with the
Office for Consumer Affairs at the
Malta Competition and Consumer
Affairs Authority.
Spare car key missing
Q: I purchased a second-hand car from
a dealer and, after concluding the sale,
realised that the seller only gave me one key to
the car. Normally, when one buys a car, one gets
two sets of keys.
I complained about this with the dealer, who told
me he would check it out. A month later, the dealer
informed me he would order another key.
Who should pay for the second key?
A: Unless the second key is specifically mentioned
in the sales agreement you made with the car dealer,
legally you cannot request the dealer to pay for the
spare key. In such a situation, you will need to reach
an amicable understanding with the trader.
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: [email protected]
Consumer complaints: [email protected]
Website: www.mccaa.org.mt
Office hours for the public:
Monday, Tuesday, Thursday, Friday 8.30am to 12.30pm;
Wednesday 8.30am to 4pm.
European Consumer
Centre Malta
(For complaints against traders in other EU member states)
47A, South Street,
Valletta VLT 1101
Tel: 2122 1901
E-mail: [email protected]
Office hours for the public:
Monday to Friday
from 8.30am to 3pm.
The information published in this page is intended for
information purposes only.
Any legal claim or action taken in the event of a dispute
should be based solely on the legal texts concerned.
For more information, call the Office for Consumer Affairs at
the Malta Competition and Consumer Affairs Authority on
Freephone 8007 4400.