Page:Consumer Protection (Fair Trading) Act 2003.pdf/9

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CONSUMER PROTECTION (FAIR TRADING)

9



Jurisdiction and powers of courts

7.—(1) Subject to the provisions of the Small Claims Tribunals Act (Cap. 308), a Small Claims Tribunal shall have jurisdiction to hear and determine any action under—

(a) section 6(1) insofar as the action relates to an unfair practice involving a contract for the sale of goods or for the provision of services within the meaning of the Small Claims Tribunals Act (referred to in this subsection as a relevant contract);
(b) section 8(6), (7) or (8) insofar as the action relates to an undertaking in respect of an unfair practice involving a relevant contract; or
(c) any regulations made under section 11 insofar as the action relates to a relevant contract.

(2) For the avoidance of doubt, subsection (1) shall not confer any jurisdiction on a Small Claims Tribunal to hear and determine any action relating to a hire-purchase agreement, a time share contract or rental or sale of immovable property.

(3) For the purposes of determining whether an action under section 6(1) exceeds the District Court limit or the Magistrate’s Court limit within the meaning of the Subordinate Courts Act (Cap. 321), such an action shall be deemed to be a claim founded on contract.

(4) Without prejudice to any other powers of the court to grant relief, a court (other than a Small Claims Tribunal) may in any proceedings where the court finds that a supplier has engaged in an unfair practice—

(a) order restitution of any money, property or other consideration given or furnished by the consumer;
(b) award the consumer damages in the amount of any loss or damage suffered by the consumer as a result of the unfair practice;
(c) make an order of specific performance against the supplier;
(d) make an order directing the supplier to repair goods or provide parts for goods; or