What Is A Consumer Claim?
A consumer claim is defined under section 3A of the Consumer Claims Act 1998 (“CC Act”) and, for the purposes of the CC Act, it is:
(a) a claim by a consumer for the payment of a specified sum of money, or
(b) a claim by a consumer for the supply of specified services, or
(c) a claim by a consumer or relief from payment of a specified sum of money, or
(d) a claim by a consumer for the delivery, return or replacement of specified goods or goods of a specified description, or
(d) a claim by a consumer for a combination of two or more of the remedies referred to in paragraphs (a)–(d),
that arises from a supply of goods or services by a supplier to the consumer, whether under a contract or not, or that arises under a contract that is collateral to a contract for the supply of goods or services.
For the avoidance of doubt, a reference in the CC Act to a consumer claim includes a reference to a claim by a consumer against a supplier (for example, a manufacturer or wholesaler) who is not the direct supplier of goods or services to the consumer if the claim arises from or in connection with the supply of those goods or services by the direct supplier to the consumer. It is interesting to note that an owners corporation is a consumer for the purposes of the CC Act.
Under CC Act, a consumer claim dispute can be determined by NCAT up to the value of $40,000, depending on the date the application is made.
It is important to note that a consumer claim must be against a supplier carrying on a business. It cannot be made against a private person. There is a limitation period of 3 years from when the cause of action accrues, and the goods or services were supplied no more than 10 years before the date the application is lodged.
NCAT can make the following orders under section 8 of the CC Act:
An order for money to be paid
An order that money owed does not have to be paid
An order for goods or services to be provided
An order to fix or replace faulty goods
An order for a refund and the goods to be returned
If you have any queries about a potential consumer claim, please do not hesitate to contact Michael Pobi on (02) 8710 3430 or e-mail him at firstname.lastname@example.org
Please note that the information contained in this article is not legal advice and should not be relied upon as such. You should obtain legal advice before you take any action or otherwise rely upon the contents of this article.