Cap. 378 · Consumer Affairs Act (Cap. 378)
Cap. 378 Art. 21Determination of disputes before a tribunal.
PART III
(1) A tribunal shall determine the issues in dispute in any claim or counter-claim before it according to the substantive merits and justice of the case, and 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 commercial practices, the tribunal shall order proportionate and effective remedies, including compensation for damage suffered by the consumer and, where relevant, a price reduction or the termination of the contract; taking also into account, where appropriate, the gravity and nature of the unfair commercial practice, the damage suffered by the consumer 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 to 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.
Änderungsgeschichte
- Amended by XIII.2022.4