Resolved - Identity Malta refunds research fees after Ombudsman recommendation

Resolved - Identity Malta refunds research fees after Ombudsman recommendation

Published August 14, 2025

The complaint

The complainant lodged a complaint with the Ombudsman against Identity Malta (now Identità) after ordering research on emphyteutical deed notes relating to fifteen individuals and the Housing Authority. He claimed that the research result provided was incomplete and inaccurate: no information was found for ten of the persons, five were not the correct individuals, and some documents included were never requested.

The complainant sought a refund of the €426.70 he had paid for the research.

Facts and findings

When placing his request at the Public Registry’s Research Section, the complainant showed an emphyteutical contract to show what he required. According to Identità, he was given a detailed explanation of the search categories (“note headings”) and confirmed several times that he wanted only emphyteutical notes. The system retrieved results according to those parameters.

Subsequent verification by Identità revealed that the notes the complainant was seeking actually fell under the category “transfers” and not “emphyteusis”. When a search was later carried out under “transfers”, the relevant notes appeared.

The Ombudsman found that a misunderstanding was likely to have occurred. The complainant consistently referred to the contracts he needed as emphyteutical deeds, probably unaware that in the registry system they were classified under “transfers”. The official assisting him therefore processed the search under the wrong category.

Conclusions and recommendations

The Ombudsman concluded that the complaint was justified. Although the issue stemmed from a misunderstanding, the search results did not match the complainant’s expectations because they were carried out under the wrong heading.

Considering the circumstances, the Ombudsman recommended that Identità refund the complainant the expenses incurred for the research, after verifying the precise amount against receipts.

Outcome

Identità accepted the Ombudsman’s recommendation and refunded the complainant the cost of the research in light of the specific circumstances of the case.