Consumer affairs act : an investigative exercise into the remedies available and their efficacy

Abstract

Consumer policy and law worldwide have been developing since the late 19th century and such developments are still underway. Sound consumer law provides for the protection of consumers - a large segment of society as it includes everyone. A direct consequence of these laws is an improved quality of the vast range of products and services we purchase and consume, hence reflected in an improved quality of life. Apart from protecting consumers from the malpractice of traders, it also protects traders themselves from other defaulting traders. For Malta, 1991 was a landmark year in consumer affairs and protection. It is the year when a White Paper, Right for the Consumers, was issued, after which the Consumer Affairs Act was enacted in 1994. This Act revolutionised Consumer Law in Malta which was rather underdeveloped until that time. Emanating from this Act are three important institutions; the Department of Consumer Affairs, the Consumer Affairs Council, and the Consumer Claims Tribunal. Consumers may forward their grievances to the former two bodies and if these do not manage to reconcile consumer and trader in an amicable way, claims are forwarded again to the Tribunal. The aim of this study is to investigate further this Tribunal and explore its effectiveness by analysing the original role it was intended to play and weighing that role against the present situation of this government agency.