CONSUMER CLAIMS TRIBUNAL
The Consumer Claims Tribunal (Malta) has jurisdiction to hear and determine consumer claims where the transaction to which the claim refers has taken place in Malta whilst the Consumer Claims Tribunal (Gozo) hears claims regarding transactions which have taken place in the islands of Gozo and Comino.
Each Tribunal is presided by an Arbiter sitting alone. Arbiters shall be appointed by the Prime Minister and must have held the warrant and practised the profession of advocate for at least five years. Presently Dr Martin Fenech is the Arbiter in post and hearings are held at the Consumer Claims Tribunal, 4, Old Mint Street Valletta.
A Tribunal has jurisdiction to hear and determine claims made by consumers against traders where the value of the claim does not exceed LM1500 (previously LM500) and when the claim relates to:
(a) the purchase
or hire of goods by a consumer from a trader or
(b) the provision of services by a trader to a consumer.
It shall be lawful however for a trader to make counter claims against a consumer regarding an action brought against him by the consumer in front of the Tribunal. A tribunal shall determine the issue in dispute in any claims before it, according to the substantive merits and justice of the case and in accordance with equity. A tribunal may, when determining the issues in dispute in any claims or counterclaims before it, order the trader to pay to the consumer a sum of not less than fifteen liri and not more than one hundred liri as moral damages for any pain, distress, anxiety and inconvenience.
Where the arbiter is satisfied that a claim presented before the Tribunal or any defence offered in respect thereof is vexatious or frivolous, he may order the defendant or the claimant as the case may be, to pay to the other party a penalty of not more than fifty liri.
An appeal shall lie from a decision of the Tribunal, within 18 working days from the date of the decision, by means of an application to the Court of Appeal. An appeal shall only lie when the Tribunal has acted contrary to the rules of natural justice, and such action has seriously prejudiced the right of the appellant.
Before a consumer can submit his claim before the Tribunal, he must have first lodged his claim with the Information and Client Affairs Directorate of the Consumer and Competition Division. The Head Office of the CCD is situated at the Office for Fair Trading, Cannon Road, Sta Venera whilst it also has a front office at 4, Old Mint Street Valletta. The Head Office can be contacted either on freephone 120 or on Tel no 2144 6250/5. The Directorate will try to reach an amicable settlement with the trader. If this settlement is not arrived at within 15 working days of the lodging of the complaint, then the consumer can proceed to submit his claim in front of the Tribunal.
Adrian Muscat
Inglott