MOST FREQUENTLY ASKED CONSUMER RELATED QUESTIONS
1. Where do I go to solve a consumer dispute?
1. WHERE DO I GO TO SOLVE A CONSUMER DISPUTE?
In any case involving a dispute, consumers must try to resolve the matter/issue directly with the supplier/trader involved. Adopt the simple logic whereby you expect satisfaction from the person who, or the shop that, received your payment for the unsatisfactory product or service. Do not let them fob you off by referring you to the agent or some other place. Always bear in mind that an amicable solution is the best solution.
If you cannot obtain an amicable solution, there are Governmental and Non Governmental Consumer bodies, organisations etc.
1.) We might as
well start with The Sunday Times Customer Service Column.
In the absence of an amicable solution, consumers can take
the bull by the horns and deal with the case directly with
the suppliers/traders while using the Sunday
Times Customer Service Column (links to the latest columns can be found on our main page) as an effective tool. Consumers
can write to the relevant suppliers/traders in accordance
with the Customer Service Column terms and conditions
published in bold print with every column. Without beating
about the bush, over the last ten years, the Customer Service
Column has indeed proved to be a very effective tool with
positive results.
2.) We will now
focus on the Governmental body namely the Office
of Fair Trading - Consumer and Competition Division,Cannon
Road, Santa Venera
wherein there is the Information and Client Affairs Directorate.
Consumers can make inquiries on freephone 120 or 2144 6284.
Complaints can be made in person at Santa Venera as well as
at the Consumer Affairs Council
Office at 4, Old Mint Street, Valletta (Tel: 2122 7070).
Once a complaint is lodged, the suppliers/traders are contacted
for their side of the case. An attempt is made to obtain an
amicable solution and, in the absence of an amicable solution,
the case can be referred to the Consumer
Claims Tribunal presided by the Arbiter also at 4,
Old Mint Street, Valletta.
3.) Non Governmental
Consumers can join the Consumers' Association,
Postal Address: Consumers’ Association, P.O. Box 464, Valletta.
Tel. No.: 2123 9091; Fax. No.: 2122 1210
Email ghaqdakonsumaturi@yahoo.com
The Consumers’ Association Office is situated at 43/10, St. Zachary Street, Valletta and is open as follows:
Mondays and Fridays from 6p.m. till 7p.m.
Tuesdays and Saturdays from 10:30a.m. till 12:30p.m.
As members, consumers can have
their case dealt with by the Association. Cases referred to
the Consumers'Association are subject to publication in Manwel
Farrugia's fortnightly Consumer Column in L-Orizzont. Just
like the Information and Client Affairs Directorate, the Consumers
Association will first try to obtain an amicable solution
and, in the absence of an amicable solution, the case can
be referred to the Consumer Claims Tribunal.
2. I BOUGHT (AN ITEM) FROM (A SHOP) FOR LM6, AND THE NEXT DAY I SAW THE SAME ITEM AT ANOTHER SHOP FOR LM5. DO I HAVE THE RIGHT TO RETURN THE ITEM BOUGHT TO THE SHOP WHERE I BOUGHT IT FROM AND OBTAIN A REFUND?
No, we do not have the right to do this. Apart from rights, we (consumers) have duties and obligations. In this specific context it is up to us consumers to shop around and look for the best value for money before deciding which shop we buy the relevant item from.
However, as consumers we also have a right to share information. Therefore, if we do discover that a particular shop is selling items at prices which are lower than the prices in other shops, we ought to share the information with fellow consumers.
In this spirit, I invite you to come up with ideas as to how we can work out a system whereby we can effectively verify such information with a view to sharing it in this website.
3. I BOUGHT (AN ITEM) AND WITHIN A COUPLE OF WEEKS IT BROKE (PARTIALLY OR FULLY), OR CEASED TO FUNCTION (PARTIALLY OR FULLY). DO I HAVE THE RIGHT FOR A REFUND OR REPLACEMENT?
It depends on the circumstances which led to the breakage of the relevant item. Some items can break as a result of negligence on the consumer's part. If this is evident and can be proved by the seller, the consumer has no rights.
However if the relevant item had a latent (hidden) fault, and it can be proved accordingly, the consumer is entitled to either return the item bought to the seller and the seller to refund the money paid for the said item. Another option, where applicable, is that the consumer can choose to retain the item. However the seller must compensate the buyer according to the extent of the loss of functionality.
The above is in accordance with the law. However apart from the law there is what is known as market forces, referred to in Maltese as "il-ligi tas-suq". In this context, particularly if it transpires that there was no fault on the consumers part, an appropriate solution would be for a replacement or a refund.
At this point it
is very important for me to stress that, when we apply market
forces, the major determining factor as to whether a mutually
acceptable solution is going to be achieved depends on how
reasonable both parties can be.