Consumer Affairs Act (Cap. 378)

Consumer Affairs Act (Cap. 378), article 20

Official PDF on legislation.mt

20. (1) A tribunal shall have jurisdiction to hear and determine claims made by consumers against traders where the value of the claim, exclusive of interests and costs, does not exceed ten thousand euro (€10,000), and where the claim relates to, ar ises out of or concerns, whether directly or indirectly - (a) the purchase or hire of goods by a consumer from a trader; or (b) the provision of services b y a trader to a consumer. (2) The jurisdiction of a tribunal shall not be exclusive, and i t shall be at the option of the consumer whether to bring an acti on against a trader before a tribun al or before the ordinary court s; so however that - (a) where an action has been brought before a tribunal by a consumer, it shall not be competent for the consumer to bring an action arising out of the same claim also before the ordinary court; and (b) where an action has been brought before the ordinary courts by a consumer, or in a case brought by a trader against a consumer and the consumer sets forth a counter-claim, it shall be lawful for all the parties to the action, where the claim and the counter-claim if any are within the jurisdiction of a tribunal, by a joint n o t e f i l e d i n t h e r e c o r d s o f t h e c a s e t o r e q u e s t t h a t court to transfer the case to a tribunal. Thereupon the ordinary court shall through the Registrar transfer a copy of the records of that case to the tribunal and shall refrain from taking further cognisance of the case. Registry costs in respect of the case before the ordinary courts shall in any such case be waived, and unless the parties otherwise agree in the note aforesaid, costs shall be determined in a like manner as if the case was withdrawn by the plaintiff: Provided that a case shall not be transferred to a tribunal where the value of the claim or counter-claim determined as provided for in sub-article (1) exceeds ten thousand euro (€10,000); and (c) it shall be lawful for a trader to make a counter-claim against a consumer arising f rom a matter referred to in sub-article (1) before the tribunal in an action brought against him by a consumer. Determination of disputes before a tribunal. Amended by: L.N. 425 of 2007; VI. 2011.91; XIII.2022.4.

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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.