Cap. 378 · Consumer Affairs Act (Cap. 378)
Cap. 378 чл. 14Compensation orders.
PART IIB
(1) Upon the request even verbal of the aggrieved consumer or of the prosecuting officer on his behalf, the court shall where the person concerned is convicted for an offence against a provision of the Act or against any regulation made under article 7, make a compensation order whereby person concerned is ordered to pay to the aggrieved consumer as full or partial compensation -
(a) a sum not in excess of six hundred euro (€600) for any pecuniary loss, and
(b) a sum of not less than thirty five euro (€35) and not more than seven hundred and fifty euro (€750) as moral damages for any pain, distress, anxiety and inconvenience, suffered by the aggrieved consumer as a result of the offence or arising therefrom.
(2) Any compensation ordered under sub-article (1)(a) shall be reduced from any amount which may be given in a judgment by a court or tribunal of civil jurisdiction with regard to the same matter.
(3) A request for the making of a compensation order shall not be made where such damages have been settled by agreement with the trader or where the aggrieved consumer has instituted a claim before a court or a tribunal of civil jurisdiction against the person concerned in respect of the same matter.
(4) A compensation order made under this article shall be without prejudice to the right of the aggrieved consumer to institute civil action for the recovery of any sum due to him as damages so however that the sum covered by the compensation order shall be reduced from the total sum due by the person concerned as damages.
(5) A compensation order made under this article shall be subject to appeal by the person concerned in the same manner as an appeal from sentence.
(6) When the judgment in which a compensation order is made has become res judicata, the said compensation order shall be deemed to be an executive title for the purposes of the Code of
Organization and Civil Procedure and shall be enforceable in the same manner as if it were a judgment of the Court of Magistrates (in each case in its inferior civil jurisdiction) of the island where the court making the compensation order is situate.
История на изменения
- Amended by L.N. 425 of 2007