The Complaints and Conciliation Directorate, within the MCCAA, deals with consumer complaints regarding purchases of goods and services. The complaint handling staff is experienced in dealing with consumer complaints and can be contacted by either calling on the free phone 8007 4400 or on 23952000. Alternatively, you may wish to visit the MCCAA premises at Mizzi House, National Road, Blata l-Bajda or St Elizabeth Street, Xewkija - Gozo.
Registering A Complaint:
Complain to the Trader first- Before proceeding to register a complaint with the MCCAA all efforts need to be made to contact and reach an agreement with the trader with whom you are involved in a dispute.
When complaining to a trader you may do this in person, over the phone or in writing. If you complained in person or over the phone and don’t agree with the trader’s reply, you should follow up with a complaint in writing. Make sure that you send such notification to the trader in writing within 2 months from the date on which you detected the lack of conformity in the good in question.
This notification can be done by sending a letter or an email to the trader, or by sending messages including through chats on social media provided by the trader. Make sure to keep a copy of the notification sent.
In the event that you don’t receive a reply to your notification after a reasonable time or you don’t agree with the trader’s reply, you can register a complaint with the MCCAA.
Registering a complaint with the MCCAA
You can register a complaint either by:
visiting the premises of the Complaints and Conciliation Directorate at Mizzi House, National Road, Blata l-Bajda or at our Valletta Office at 47A South Street. The office's opening hours are currently Monday, Tuesday, Thursday and Friday between 08:30 and 12:30; Wednesday between 08:30 and 16:00 (Summer period from 16th June till 30th September opening hours are from Monday to Friday from 08:00 till 12:00) – Make sure to submit all the relevant documentation e.g. copies of receipts and guarantees;
writing a letter addressed to the Director, Complaints and Conciliation Directorate, Malta Competition and Consumer Affairs Authority at Mizzi House, National Road, Blata l-Bajda, HMR 9010;
If you choose to register a complaint by email or letter, make sure you include all the relevant details as to the facts of the case and copies of the related documentation. It is important that you include your identity card number, address and contact numbers in all written correspondence. It is also important that you include a statement in the your email/letter giving consent to the MCCAA to divulge your details to the trader/entity involved in your case in accordance with the Data Protection Act. Clickhereto download the consent statement.
Your case is evaluatedand if your complaint is justified at law and falls within the remit of the MCCAA, it will be assigned to a complaint handler.
The complaint handler may request further information or documentation from your end. It is your responsibility to provide all the facts and documentation necessary for the complaint handler to carry out conciliation.
Thecomplaint handler will contact the traderand inform him of his obligations at law. All efforts will be made to settle the case in an amicable manner. Note, however that the complaint handler’s role is limited to mediation, and that the resultant outcome will largely depend on the good will of the parties involved. The mediator will spare no effort to reach the ultimate aim of finding an amicable solution.
The complaint handler will inform you of any developments throughout the conciliation process.
Ifan amicable solution is not reached, you can either (at your request):
submit a claim before the Consumer Claims Tribunal (CCT)*, or
withdraw the complaint.
Referring a complaint to the Consumer Claims Tribunal–Note: The Tribunal has jurisdiction to hear and determine claims where the value of the claim (exclusive of interests and costs) doesnot exceed €10,000
If you choose to refer your case to CCT, you will be asked to fill in the ‘Notice of Claim’ form and submit it to the Consumer Claims Tribunal’s Registry at 47A, South Street, Valletta together with the applicable registration fee. The claim can also be filed by registered ‘advice of receipt’ mail.
The trader will be informed of your claim by the Consumer Claims Tribunaland will have the opportunity to register a Reply to the Claim. The trader may also choose to make a counterclaim against you. If the trader registers a Reply to a Claim and makes a counterclaim, you will be served with a copy.
The Secretary of the Tribunal will inform you as to when your case will be heardbefore the Arbiter.
You will appear before the Arbiterand will be given the opportunity to submit all the facts of the case. Make sure that you submit all copies of the relevant documentation and correspondence and where possible the goods, which are the subject of the complaint.
After the hearing/s, theArbiter will issue his/her decision.
In certain instances, there is aright of appealfrom the decision of the CCT. An appeal can be lodged within 20 days from the date of the decision by filing an application to the competent Court of Appeal.
Enforcement of a CCT Decision–
If the CCT decision is issued in your favour, and 20 days have lapsed since the date of the decision, you should contact the trader and demand that the Tribunal’s decision be honoured.
If the trader refuses to comply with the Tribunal’s decision, it is advisable that you seek advice from your private lawyer so as to seek the execution of the CCT’s decision through the applicable civil remedies.
In this respect, kindly note that Article 25 (3) of the Consumer Affairs Act (Chapter 378 of the Laws of Malta) provides that any Court fees payable in respect of any warrant issued for the purpose of enforcing a decision of the Consumer Claims Tribunal shall amount to one-half of the court fees that are normally due.
* The complaint handler may suggest that you consider the option of opening a dispute through the MCCAA ADR Solution in particular if the value of the claim is of a substantial value.
** When conciliation is not successful in the case of particular complaints, the latter cannot be referred to the CCT but to other dispute resolution mechanisms. In all instances, the complaint handling staff will guide you as to the appropriate entity.