8   Tribunal orders

(cf Act No 206 of 1987, sec 30)

(1)  In determining a consumer claim wholly or partly in favour of a claimant, the Tribunal may, subject to this Part, make such one or more of the following orders as it considers appropriate:

(a)  an order that requires a respondent to pay to the claimant a specified amount of money,

(b)  an order that requires a respondent to perform specified work in order to rectify a defect in goods or services to which the claim relates,

(c)  an order that requires a respondent to supply to the claimant specified services other than work,

(d)  in the case of a claim for relief from payment of money, an order declaring that a specified amount of money is not due or owing by the claimant to a respondent,

(e)  an order that requires a respondent to deliver to the claimant goods of a specified description,

(f)  an order that requires a respondent to return to the claimant specified goods which are in the possession or under the control of that respondent, whether the property in the goods has passed or not,

(g)  an order that requires a respondent to replace goods to which the claim relates,

(h)  an order that requires:

(i)  a respondent to refund all or part of the purchase price of specified goods that are in the possession or under the control of the claimant, and

(ii)  the claimant to return all or part of those goods to the respondent,

      whether the property in the goods has passed or not.

(2)  In determining a consumer claim wholly or partly in favour of a respondent to the claim, the Tribunal may make such one or more of the following orders as it considers appropriate:

(a)  an order dismissing the claim or a part of the claim,

(b)  an order that requires the claimant to pay to the respondent a specified amount of money,

(c)  an order that requires the claimant to return to the respondent specified goods which are in the possession or under the control of the claimant, whether the property in the goods has passed or not.

(2A)  Without limiting subsection (1) or (2), in determining a consumer claim in which there is more than one respondent, the Tribunal may make such one or more of the following orders as it considers appropriate:

(a)  an order that requires a respondent to pay to another respondent a specified amount of money,

(b)  an order that requires a respondent to supply to another respondent specified services other than work,

(c)  an order that requires a respondent to deliver to another respondent goods of a specified description,

(d)  an order that requires a respondent (the first respondent) to return to another respondent specified goods that are in the possession or under the control of the first respondent, whether the property in the goods has passed or not.

(3)  In making an order under this section requiring a party to a consumer claim to pay a specified amount of money or to take any other specified action, the Tribunal must, unless it has good reason to the contrary, specify a period within which the money must be paid or the action must be taken.

(4)  The Tribunal may not make any of the orders referred to in this section unless the claimant’s case has been presented to the Tribunal (whether or not in person) following the making of the relevant application under section 6.

(5)  Nothing in subsection (4) prevents the Tribunal from dismissing or adjourning proceedings under section 28 (5) of the Consumer, Trader and Tenancy Tribunal Act 2001.