The Consumer Affairs Directorate
The Consumer Affairs Directorate within the Consumer and Competition Department
deals with consumer complaints regarding purchases of goods and services. The
complaints handling staff deal with specific complaints providing adequate means
of redress when consumers suffer justified grievances. In case of failure in
reaching amicable settlements with the trader in question, the consumer may
elect to submit the unresolved case to the Consumer Claims Tribunal.
Consumer Complaints
When an individual needs to log a complaint with the Consumer and Competition
Department, one may contact the Consumer Affairs Directorate on telephone numbers
21 446250-5 or else on free-phone 8007 4400 from 8.00 a.m. until 5.00p.m. in
Winter and between 8.00 a.m. and 1.00 p.m. in Summer.
A complaint form may also be printed out from the Consumer and Competition
website. When duly filled in it has to be sent to Consumer and Competition
Department, Office of Fair Trading, Cannon Road St. Venera SVR 1411. Upon receipt
of the form, the Consumer Affairs personnel will get back to the individual to
assist in the complaint.
Another option is to call personally at the Consumer and Competition Offices at
the above address or at our Valletta Office at 47A South Street, on weekdays
between 8.30 a.m. and 1.30 p.m. in Winter and 8.00 a.m and 12.00 p.m. in Summer.
If you cannot make it during the prescribed office hours you may call for an
appointment.
For each and every complaint logged, an electronic file is opened containing
data concerning the consumer as well as the trader. All documentation relating
to the complaint is kept and all actions taken are recorded for the benefit of
every party concerned. In such circumstances, the information that is needed is:
The consumer’s personal details
The trader’s details
A brief description of the complaint
Photocopies of all relevant documentation
Investigation of Complaints
After having gone through the case, the complaints handling officer will
initiate mediation in order to resolve the matter amicably. The trader is
contacted and informed of the complaint made against him. The complaints
handling officer will evaluate the case properly to see whether the case is
justified or otherwise. If the case is justified, the trader will be asked to
offer the consumer adequate compensation. In the event that the trader is
unwilling to comply and the matter remains unresolved, the Consumer Affairs Act
provides the consumer with the option of taking the complaint one step further
and seek redress at the Consumer Claims Tribunal.
In the absence of necessary evidence about the complaint the consumer id advised
to withdraw the complaint. In such circumstances if the consumer elects to
submit the case to the Consumer Claims Tribunal, and if the Arbiter finds out
that the claim or defence deemed to be trivial and frivolous, the Tribunal may
order a penalty of not more than 116.47 Euros to be paid to the other party.
Smart Tips on How to Complain
Address the problem personally
It is in our interest to primarily complain to the trader if we are not
completely satisfied with a product or service. However, it is advisable to
first make a personal approach and speak to the individual who sold us the goods
and services. Explain what your problem is and address the retail representative
in an assertive and direct way stating exactly what it is that you expect as
compensation. If possible make your complaint in writing and present the trader
with a letter together with all the relevant documents such as fiscal receipts
and warranties. It is advisable that the complaint is made to the proprietor or
manager of the business.
If, within a stipulated amount of time, you still haven’t received any feedback
on the matter, seek counsel from a more competent authority who will in turn
provide the best advice on lodging a fruitful grievance, demanding the offending
party to hold up its end of the bargain.
Phone Call
You may decide to contact the company by phone especially if it offers
Customer Care assistance. In this case, it is in your best interest to keep a
record of the company’s representatives you spoke to and of what action was
taken in your defence. It is also important to keep the date and time of the
call as well as what the conversation was about.
Communicate in writing
The most effective means of complaining is to put your complaint in writing.
Making a phone call to the store or agency won’t have nearly as much impact as a
letter will. So it is highly suggested that you follow the call with a letter to
the same person you spoke to, outlining what was discussed and agreed upon.
If you do write a letter try and be clear as much as possible stating exactly
what the problem is and how you would like it to be resolved.
Another useful tip when writing would be to stick to the facts when describing
the problem. Presenting a farfetched situation and getting worked up could
eventually do more harm than good.
Be sure to include all the facts, serial, model or brand names and the number of
any product in question. It is a good idea to include copies of everything;
receipts and warranties, repair invoices and other relevant documents. Keep the
originals yourself until after the matter is fully resolved to your
satisfaction. Your organized approach will show that you mean business.
If you don’t get the desired response within a reasonable period of time and you
still wish to pursue the complaint, contact a more competent authority who can
deal effectively with your complaint. You can also let the company in question
know that you have sought advice elsewhere in the hope that it may motivate them
to co-operate with you to resolve the matter.
Do not delay in making your complaint. Prompt action is vital as it increases
your chances for a satisfactory outcome most particularly if you are dealing
with a product or service which is subject to a warranty time limit. Spotting
the right person to deal with is also necessary. It is useless talking with the
over-the-counter staff if they aren’t competent enough and have no say in
decision-making or company policies.
Information to Consumers
The Consumer Affairs Directorate also provides information to consumers by means
of publications and other media making them aware of their rights and
responsibilities as consumers, whilst providing guidance as to how consumers’
best interests should be safeguarded at all times.
The Consumer Affairs Directorate seeks to target different audiences such as
children, university students, young adults, middle-aged people and senior
citizens. Writing monthly articles in the children’s magazine ‘Sagħtar’ for
instance is one of the Directorate’s commitments towards the younger generation.
Continuous write-ups are also published in the local newspapers on a regular
basis. The publishing of articles on consumer related issues is another means of
conveying information on consumer affairs to the public at large.
The printing of leaflets and other media publications such as booklets and
brochures also forms part of the Directorate’s communication strategy keeping
the public informed on various issues concerning the consumer in general. The
issuing of press releases as well as participating in radio and television
programmes is likewise necessary for the dissemination of information on this
subject keeping consumers aware of their rights and obligations.
Educating Consumers
Another function of the Consumer Affairs Directorate is to educate consumers of
all ages by means of talks and lectures directed towards both primary and
secondary schools as well as to organizations requesting the Division’s input
and contribution.
The objectives of consumer education at school are to educate independent and
informed consumers. It is aimed at furnishing students with knowledge and
insight into the conditions of being a consumer in a complex, multi-faceted
society by providing basic knowledge in such areas as consumer legislation,
consumer rights and consumer protection.
World Consumers Rights Day
The Consumer and Competition celebrates World Consumers Rights Day every 15th of
March. This annual event commemorates the official recognition of the launching
of the first consumer rights initiated by the 35th President of the United
States John F. Kennedy.
During this event, activities are organized with the intent of educating
consumers on their rights. Information boots are available providing assistance
to consumers where they can feel free to ask questions and voice their problems
or complaints.