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WHAT ARE THE CASES THAT THE TRIBUNAL DOES NOT HEAR ?
There are certain cases where the Tribunal has no jurisdiction.
The following are cases which cannot be heard by the Tribunal :
- arising from personal injury or death
- for recovery of land or any estate or interest in land
- in which the title to any land or any estate or interest in land, or any franchise is in question
- in which there is a dispute concerning
- the entitlement of any person under a will or settlement or on any intestacy
- goodwill
- any chose in a claim
- any trade secret or other intellectual property
You must file in your claim within 3 years from the date on a cause of action after which the Tribunal does not have the jurisdiction to hear your case.
WHAT KIND OF CASES DO THE TRIBUNAL TYPICALLY HEAR ?
The Tribunal frequently hear dispute matters concerning a consumer's interest under arising from, among others,
- a false or misleading representation that
- the goods are of a particular kind, standard, quality, grade, quantity, composition, style or model of every good
- the goods have had a particular history or particular previous use
- the service are of a particular kind, standard, quality or quantity
- the services are supplied by any particular person or by any person of a particular trade, qualification or skill
- a particular person has agreed to acquire the goods or services
- the goods are new or reconditioned
- the goods were manufactured, produced, processed or reconditioned at particular time
- the goods or services have any sponsorship, approval, endorsement or affiliation
- the person has any sponsorship, approval endorsement or affiliation
- concerns the need for any goods or services
- concerns the existence, exclusion or effect of any condition, guarantee, right or remedy or
- concerns the place of origin of the goods.
- a misleading or deceptive conduct as to the nature, manufacturing process, characteristics, suitability for a purpose, or quantity of any good supplied to the consumer
- a misleading or deceptive conduct as to the nature, characteristics, suitability for a purpose, or a quality of the services
- a misleading indication as to the price at which any goods or services are available
- a supplier demanding or accepting payments
- without intending to supply the goods or services contracted
- intending to supply goods or services materially different from the goods or services in respect of which the payment or other consideration is demanded for a accepted or
- without reasonable grounds to believe he will be able to supply the goods or services within any specified period, or when period is specified, within a reasonable time
- the cancellation of a future service contract, that is a contract for consumer services that will be provided on a continuing basis.
- in respect of supply of goods, the failure of any supplier to comply with any of the guarantees implied by the Consumer Protection Act 1999
- as to title
- as to acceptable quality
- as to fitness for a particular purpose
- that goods comply with description
- that goods comply with sample
- that reasonable prices be charged where the price of goods is not inter alia, determined by the contract
- as to repairs and spare parts
- the failure of any manufacturer to comply with any express guarantee given by the manufacturer in respect of any good that is binding on the manufacturer as to
- the quality, performance or characteristics of the goods
- the provision of services that are or may at any time be required in respect of the goods
- the failure availability of identical goods or
- the return of money or other consideration should the goods not meet any undertaking by the guarantor
- the failure of any manufacturer to comply with any guarantee implied by the Consumer Protection Act 1999 in respect of any good
- as to acceptable quality
- that goods comply with description
- as to repairs and spare parts
- in respect of supply of services, the failure of any supplier to comply with any guarantee implied by the Consumer Protection Act 1999
- as to reasonable care and skill
- as to fitness for particular purpose
- that the services will be completed within a reasonable time where the time for the services to be carried out is, inter alia not determined by the contract
- that reasonable price be paid where the price for the services is inter alia, not determined by the contract
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