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Consumer & Competition DivisionConsumer Claims TribunalThe Consumer Claims Tribunal provides a new form of redress for consumers to safeguard their rights. Are you a consumer involved in a dispute with a trader about goods or services you purchased or hired? The Consumer Claims Tribunal is the place where you can obtain redress quickly and without incurring many expenses. You can take your claim before the Tribunal if you, as a consumer, bought or hired goods or services from a trader for your personal needs or those of your family, and needed to make a claim regarding any damages, after failing to reach an amicable agreement with the trader.
What claims are heard before a Tribunal? The Tribunal may hear claims about the hire or purchase of goods or services if the value of the claim for compensation does not exceed one thousand and five hundred Maltese liri (Lm1,500). It is normally the consumer who presents a claim before the Tribunal. However, the law also states that the Tribunal may hear : · any counter-claim by a trader if the consumer had made a claim against that same trader before the Tribunal and; · a case commenced before a Court and which later, by agreement between the consumer and the trader, is transferred for a hearing before the Tribunal. The Tribunal may also award the consumer, up to one hundred Maltese liri (Lm 100) compensation for "moral damages" caused by any pain, distress, anxiety and inconvenience suffered. Furthermore, when a claim or defence offered is considered vexatious or frivolous, the Tribunal may order to be paid to the other party, a penalty of not more than fifty Maltese Liri (Lm50). What process is followed before presenting a claim? Prior to presenting your claim before the Tribunal, you should refer the claim to the Director of Consumer Affairs or a registered consumer association, who would then try to help you to reach an agreement with the other party on the issues in dispute. If no agreement is reached, you may then present a claim to the Consumer Claims Tribunal on all the issues still in dispute. How is a claim before the Tribunal made? A claim before the Tribunal is made by filling a form known as a "Notice of Claim (or Counter-claim)". This form can be obtained from the Registry of the Tribunal. You must use the same form if you want to make a counter-claim which is connected to the claim against you. The Secretary of the Tribunal will help you if you have any difficulty in filling the form. When you present your claim before the Tribunal a small fee is charged, and this varies according to value being claimed, as shown in the schedule hereunder: · Lm4 when the claim is between Lm1 – Lm250 · Lm6 when the claim is between Lm251 – Lm500 · Lm9 when the claim is between Lm501 – Lm1,000 · Lm11 when the claim is between Lm1,001 – Lm1,500 What happens after a claim is made? After you present your claim before the Tribunal, the other party will be notified. If the other party disputes your claim, the Secretary will appoint a date, time and place, when the hearing before the Arbiter will be heard. The Secretary will inform you and the other party about this. What process is followed during a hearing? At the hearing each person involved in the dispute will tell his/her side of the case under oath. You should therefore make certain that you are well prepared when you attend for the hearing. Be there early. Bring with you any letters, invoices, bills, sales slips, contracts, photographs, and anything else which can help establish the facts concerning the dispute. You may also bring witnesses if their evidence is relevant to your case. If you do, make sure they are there early. Who has to be present for the hearing? It is in your interest to be present. If you are making a claim and you fail to attend the hearing without giving a reason which is acceptable to the Tribunal, the Tribunal may then decide the case against you. Similarly, the Tribunal may decide a counter-claim in the absence of the person who made the counter-claim. If you cannot attend for a hearing you should contact the Secretary of the Tribunal immediately. The Secretary will tell you what you may do. Can a lawyer be engaged to assist during the hearing? Yes, the consumer can engage a lawyer. However, the whole scope of the Consumer Claims Tribunal is to enable the consumer to state his/her case without the need of having a lawyer. If one decides to engage a lawyer, one must then pay his costs even if the case is won. What happens if a witness does not agree to attend for a hearing? If a witness refuses to attend before the Tribunal, the consumer should contact the Secretary of the Tribunal. If the Tribunal is satisfied that the witness is necessary, it may issue a "Summons to Witness" ordering the witness to attend. What happens during a hearing? Tribunal hearings are informal and are heard in a room for the purpose. The Arbiter will normally ask the claimant to give his version of the dispute first. The other party will then be asked to state his version. The claimant will need to show the Arbiter any documents related to the dispute. The Arbiter will also want information from any witnesses who can help clarify the facts. The Arbiter may also ask questions to each party and to their witnesses. What happens after the hearing? After the hearing the Arbiter will give his decision. Whoever wins the case may enforce the Tribunal's decision just like a court judgment. First, however, one should give the losing party a reasonable chance to abide by the Tribunal's decision. If the other party fails to do so, one should take legal action to have the Tribunal's decision enforced. Can a person appeal against a decision given by the Arbiter? An appeal against a decision by the Tribunal only can be made if the Tribunal, on having heard your case, acted contrary to the rules of natural justice and as a result seriously prejudiced the consumer’s rights. In such a case one has eighteen (18) working days from the date of the decision of the Tribunal to lodge an appeal before the Court of Appeal. Should a person decide to enforce a favourable Tribunal decision, or wants to appeal against a decision of the Tribunal, it is advisable to seek advice from the Secretary of the Tribunal or a lawyer. Who can provide help? The Secretary of the Tribunal can help you understand the procedure you have to follow before the Tribunal, or to fill any forms, but cannot give you any legal advice or appear on your behalf before the Tribunal. Note: This information has been prepared for your benefit, as a consumer, to give you an idea as to how the Tribunal works. If you want specific information, you should consult the law itself or seek advice. Consumer and Competition Division, Freephone: 800 74400
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