Consumer Affairs Act (Cap. 378)
Consumer Affairs Act (Cap. 378), article 14
14. (1) Upon the request even verbal of the aggrieved
consumer or of the prosecuting of ficer on his behalf, the court shall
where the person concerned is convicted for an offence against a
provision of the Act or against any regulation made under artic le 7,
make a compensation order whereb y person concerned is ordered t o
pay to the aggrieved consumer as full or partial compensation -
(a) a sum not in excess of six hundred euro (€600) for any
26 CAP. 378.] CONSUMER AFF AIRS
pecuniary loss, and
(b) a s um of no t le s s th a n th i r t y f i ve e u r o ( €3 5 ) a n d no t
more than seven hundred and fifty euro (€750) as
moral damages for any pain, distress, anxiety and
inconvenience,
suffered by the aggrieved consumer as a result of the offence o r
arising therefrom.
(2) Any compensation ordered under sub-article (1)( a) shall be
reduced from any amount which m ay be given in a judgment by a
court or tribunal of civil jurisdiction with regard to the same matter.
(3) A request for the making of a compensation order shall not
be made where such damages have been settled by agreement with
the trader or where the aggrieved consumer has instituted a cla im
before a court or a tribunal of civil jurisdiction against the person
concerned in respect of the same matter.
(4) A compensation order made under this article shall be
without prejudice to the right of the aggrieved consumer to ins titute
civil action for the recovery of any sum due to him as damages so
however that the sum covered by t he compensation order shall be
reduced from the total sum due by the person concerned as
damages.
(5) A compensation order made under this article shall be
subject to appeal by the person concerned in the same manner as an
appeal from sentence.
Cap. 12.
(6) When the judgment in which a compensation order is made
has become res judicata , the said compensation order shall be
deemed to be an executive title for the purposes of the Code of
Organization and Civil Procedure and shall be enforceable in the
same manner as if it were a judgm ent of the Court of Magistrate s
(in each case in its inferior civil jurisdiction) of the island where
the court making the compensation order is situate.
Court orders.
Added by:
II. 2008.15.
Amended by:
XIV . 2009.2;
VI. 2011.75;
XVI.2019.15.
Substituted by:
XVI.2019.15.
Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.