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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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