Consumer Affairs Act (Cap. 378)
Consumer Affairs Act (Cap. 378), article 21
21. (1) A tribunal shall determine the issues in dispute in any
claim or counter-claim before it according to the substantive m erits
and justice of the case, a nd in accordance with equity:
Provided that any question of prescription shall be
determined according to law:
Provided further that when determining issues in disputes that
concern harm suffered by consumers resulting from unfair commer cial
practices, the tribunal shall order proportionate and effective remedies,
30 CAP. 378.] CONSUMER AFF AIRS
including compensation for damage suffered by the consumer and,
where relevant, a price reduction or the termination of the con tract;
taking also into account, where appropriate, the gravity and na ture of
the unfair commercial practice, the damage suffered by the cons umer
and other relevant circumstances.
(2) A tribunal may, when determining the issues in dispute in
any claim or counter-claim before it, order the trader to pay t o the
consumer a sum of not less than thirty-five euro (€35) and not more
than five hundred euro (€500) as moral damages for any pain,
distress, anxiety and inconvenience.
Appeals.
Amended by:
XXVI. 2000.10;
VI.2001.26;
II. 2008.18;
VI. 2011.92.
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.