The Consumer Claims Tribunal

The Consumer Claims Tribunal is the place where you can obtain quick and inexpensive redress for your claims.

You may file 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 would require to lodge a claim regarding any damages, after failing to reach an amicable agreement with the trader.

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 the sum of three thousand, four hundred and ninety four euro and six cents (€3494.06). It is normally the consumer who presents a claim before the Tribunal. However, the law also states that the Tribunal may hear and decide with regards to:-
any counter-claim by a trader if the consumer had made a claim against that same trader before the Tribunal;
a case commenced before a Court and which later by agreement between the consumer and the trader, is referred for a hearing before the Tribunal.

The Tribunal may also award the consumer up to two hundred and thirty two euro and ninety four cents (€232.94) compensation for ‘moral damages’ caused by any pain, distress, anxiety and inconvenience which the consumer might have suffered because of the facts of the case under examination. Furthermore, when a claim in defence offered is considered manifestly frivolous and vexatious, the Tribunal may condemn the offending party to pay the other party a penalty of not more than one hundred and
sixteen euro and forty seven cents (€116.47).

Prior to presenting your claim before the Tribunal, you should refer the claim to the Director for Consumer Affairs or a registered consumer association, who would then try to help you to reach an amicable agreement with the other party on the issues in dispute within fifteen (15) working days. If no agreement is reached, you may then present a claim to the Consumer Claims Tribunal which will decide on all pending issues.

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 which is located at No. 47A, South Street, Valletta (Tel. No. 21227070). You must use the same form if you want to make a counter-claim which is to be 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 the value being claimed, as shown in the schedule hereunder:

€9.20 when the claim is between €2.30 and €582.34
€13.90 when the claim is between €582.35 and €1164.69
€20.90 when the claim is between €1164.70 and €2329.37
€25.50 when the claim is between €2329.38 and €3494.06

After you present your claim before the Tribunal, the other party will be notified. If the other party disputes your claim, the Secretary will then appoint a date, time and place, when the hearing before the Arbiter is to be held. The Secretary will inform you and the other party with regards to the date in question. The Secretary may also appoint a date and time for the hearing immediately a notice of claim if filed at the registry of the Tribunal.

At the hearing each person involved in the dispute will state the facts of the case as he
knows them under oath. You should therefore make certain that you are well prepared
when you attend for the hearing. Bring with you any letters, invoices, bills, sales slips, contracts, photographs, and anything else which may help establish the facts concerning the dispute.

You may also bring witnesses if you feel that their evidence is relevant to your case. Make sure that both you and any witnesses are early for the hearing. The Tribunal is not bound to hear all the witnesses indicated if the Arbiter decides that he has enough evidence to decide a case.

It is in your interest to be present for the hearing. If you are making a claim and you fail to attend for 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 is to be done.

Yes, the consumer can engage a lawyer. However, the whole scope of the Consumer Claims Tribunal is to enable the consumer to state his case without the need of having a lawyer. If one decides to engage a lawyer, one must then bear the cost of the lawyer himself even if the case is won.

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. In this case the consumer would have to pay the amount of two euro and thirty cents (€2.30).

Tribunal hearings are informal and are heard in a room specifically designated 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 its version. The claimant will need to show the Arbiter any documents related to the dispute. The Arbiter will also require information from any witnesses which can help clarify the facts. The Arbiter may also
ask questions to each party and to their witnesses.

After the hearing the Arbiter will deliver his decision in writing. Whoever has a case may enforce the Tribunal’s decision similar to a court judgement. However, one should be prudent enough in respect of the other party so that the latter be given a reasonable time during which he is expected to abide by the Tribunal’s decision. If the other party fails to do so, one may initiate the relative legal action to have the Tribunal’s decision enforced.

An appeal against a decision by the Tribunal can only be made if the Tribunal, during the hearing of the case, would have acted in violation of the principles of natural justice and, as a result seriously prejudiced the rights of any party. In such a case one has twenty (20) 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 decision delivered by the Tribunal in his favour, 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.

Any person who fails to comply with a decision of the Tribunal or the Court of Appeal, despite the lapse of more than three months from when that decision would have become final, shall be guilty of an offence against the Consumer Affairs Act (Chapter 378); and shall be liable on conviction to a fine of not more than five hundred euro (€500).

The Secretary of the Tribunal can help you understand the procedure you have to follow before the Tribunal, to fill any forms, but cannot give you any legal advice or appear on your behalf before the Tribunal.
Consumer and Competition Division, Office for Fair Trading,

Adequate clothing is required. Clients wearing indecent clothing will be prohibited from entering into the Tribunal’s hall whether they are consumers, traders or witnesses.