Tribunal for Consumer Claims

The Tribunal for Consumer Claims is a body established under Section 85, Part XII of the Consumer Protection Act 1999, which came into force on November 15, 1999.

It is an independent body with the primary function of hearing and determining claims lodged by consumers under the Consumer Protection Act, 1999 subject to the provisions of the Act.

It is a specialised court to determine consumer-trader disputes. It provides an alternative channel, apart from the courts, for a consumer to file a claim for any loss suffered in respect of any goods or services purchased or acquired. All claims are processed in a simple, inexpensive and speedy manner.

Type of Claims

A consumer can lodge a claim with the Tribunal claiming for any loss suffered on any matter concerning his interests as a consumer under this Act arising from:

a) A false or misleading conduct, false representation or unfair practice, that is:

i) a misleading or deceptive conduct as to the type, manufacturing

process, suitability for purpose, quality and quantity;                                        

ii) a misleading indication as to the price at which any goods or services

are available;                                     

iii) offer of gift, prize or other free item with the intention of not providing

it or not providing it as offered;                                     

iv) misleading claims such as while stocks last, goods are limited, etc.                                       

v) receiving payment for goods or services without the intention to

supply;                    

vi) future services contract in respect of services to be rendered on a

continuous basis.     

b) Safety of goods and services -                                          

i) safety standards in respect of any goods or class of

goods;                                       

ii) safety standards in respect of any services or class of services.

c) The right against a supplier in connection with any of the guarantees implied by the Act -                                                                       

i) as to title;                                       

ii) as to acceptable quality;                                      

iii) as to fitness for a particular purpose;                                      

iv) that goods comply with description;                                       

v) that goods comply with sample;                                      

vi) as to reasonable pricing of goods;                                     

vii) as to repair and spare parts.

d) The right against a supplier in connection with any guarantee implied by the Actin relation to services:

i) as to reasonable care and skill;                                       

ii) as to fitness for particular purpose;                                     

iii) that the services will be completed within a reasonable

time;                                     

iv) that reasonable price is charged.

e) The right against a manufacturer in connection with any express guarantee on supply of goods as to:                                         

i) the quality, performance or characteristics of the goods;                                        

ii) the provision of services that are or may at any time be required in

respect of the goods;                                     

iii) the future availability of identical goods; or                                      

iv) the return of money or other consideration should the goods not meet any

undertaking by the guarantor.

f) The right against a manufacturer in connection with any guarantee implied by the Act in respect of any good:

i) as to acceptable quality;                                       

ii) that goods comply with description;                                     

iii) as to repair and spare parts.  

For the purpose of the foregoing paragraphs, the term ‘goods' means goods that are primarily purchased, used or consumed for personal, domestic or household purposes, and includes:

a) goods attached to, or incorporated in, any real or personal property;

b) animals, including fish;

c) vessels and vehicles;

d) utilities; and              

e) trees, plants and crops whether on, under or attached to land or not.

But does not include the right in chose including any negotiable instrument, shares, debentures and money.

The term ‘consumer' means a person who:

a) acquires or uses goods or services of a kind ordinarily acquired for personal, domestic or household purpose, use or consumption; and

b) does not acquire or use the goods or services, or hold himself out as acquiring or using the goods or services, primarily for the purpose of:

i) re-supplying them in trade;                                              

ii) consuming them in the course of a manufacturing process;

iii) in the case of goods, repairing or treating, in trade, other goods or fixtures on land. 

The term ‘services' includes any rights, benefits, privileges or facilities that are or are to be provided, granted or conferred under any contract but does not include rights, benefits or privileges in the form of the supply of goods or the performance of work under a contract of service or any services provided or to be provided by professionals who are regulated by any written law (such as doctors, lawyers and architects) or healthcare services provided or to be provided by health professionals or healthcare facilities (such medical, dental, nursing, midwifery, pharmacy and ambulance services).