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Consumers having problems with purchases or services can
seek the help of the Tribunal for Consumer Complaints which has been established
under the Consumer Protection Act 1999 (CPA).
What is the role of the Tribunal?
The Tribunal's work is to help dissatisfied consumers seek redress for
goods and services bought by them.
Is there a limit to the value of claim that will be heard by the Tribunal?
The Tribunal will only handle cases whose claims do not exceed RM10,000.
But it will also hear claims worth over RM10,000 if the claimant decides
to claim the amount that exceeds RM10,000.
The Tribunal may also hear a claim worth more than RM10,000 if both parties
agree in writing that the Tribunal should determine it.
Apart from the RM10,000 limit, will the Tribunal entertain any type
of claim?
Basically, the Tribunal deals with complaints regarding products and services.
Therefore, it will not handle claims involving, for example, death or
personal injury, wills or title of land.
Is there a time limit within which the consumer has to file a claim?
Yes, the Tribunal will only hear a claim that did not accrue more than
three years ago.
Are the services of the Tribunal free?
The consumer who wishes to file a claim will have to pay RM5.
Will lawyers be allowed to appear at the Tribunal?
No party shall be represented by a lawyer at the hearing. However, the
Act allows an employee of a company to attend the hearing and, as a result,
a former practising lawyer now employed by a company may do so.
What if one of the parties is absent at the hearing?
The Tribunal may still go ahead with the case if it is satisfied that
a notice of the hearing has been duly served on the absent party.
What awards will be issued by the Tribunal?
The Tribunal cannot award any damages for any non-monetary loss or damage
but can require that one or more of the following be carried out:
That a party involved pay money to the other party
That goods be supplied or resupplied in accordance with the CPA or the
contract signed by the consumer;
That goods supplied or resupplied to the consumer be replaced or repaired;
That the price or other considerations paid or supplied by the consumer
be refunded to the consumer
That a party complies with the guarantee;
That money be awarded to compensate for any loss or damage suffered by
the claimant;
That the contract be varied or set aside, wholly or in part;
That costs to or against any party be paid;
That interest of not more than 8% be paid (unless it has been otherwise
agreed between the parties) on the sum awarded.
That the claim be dismissed.
Can one appeal against the decision of the Tribunal?
The decision of the Tribunal shall be final and binding on all parties.
What is the penalty for not complying with the Tribunal's decision?
Any person who after 14 days fails to comply with an award made by the
Tribunal shall be fined up to five thousand ringgit or imprisoned for
a maximum of two years or both.
On top of that the person could be liable to a fine not exceeding one
thousand ringgit for each day or part of a day during which the offence
continues after the decision by the Tribunal.
Getting heard at the Tribunal
But how does the angry consumer who feels that he has been shortchanged
and wants to seek justice from the Tribunal go about getting his case
heard?
What is the first thing that he has to do? As can be expected, there are
procedures to follow and forms to fill.
Filing a claim
First you fill the amount and particulars of the claim in four copies
of Form 1, then sign or thumb-print it.
The four copies together with a fee of RM5, are then sent to the Tribunal
Registry whose address is:
Tingkat 16, Putra Place,
100 Jalan Putra,
50622 Kuala Lumpur
Consumers can also file claims through their state Tribunal which is located
at the state's Ministry of Domestic Trade and Consumers Affairs office.
The claimant then shall serve one copy of Form 1 on the respondent (the
company or person against whom the claim is filed). The easiest way to
serve the document is to send it by registered mail at the last known
address.
Defence & counter-claim
The respondent who disputes the claim will have to complete four copies
of Form 2. If he wishes to make a counter-claim, then he shall state the
amount and the particulars of the counter-claim in Form 2.
Form 2 has to be signed or thumb-printed by the respondent if he is an
individual. But if the respondent is a company, it has to be signed by
the director, manager or secretary.
Four copies of Form 2 (together with a filing fee of RM5) has to be filed
with the Tribunal's Registry, within 14 days after the statement of claim
has been served on the respondent.
The Tribunal will return two copies of Form 2 to the respondent who will
then serve one copy of it on the claimant.
Defence to counter-claim
The claimant who wishes to dispute the counter-claim of the respondent,
will then have to fill up Form 3. Form 3 will then have to be signed,
filed and registered with the Tribunal's Registry in the same way as Form
2.
The hearing
The Tribunal will later send out Form 4 which will state the date, place
and the time of the hearing.
The claimant and respondent should receive Form 4 not less than 14 days
before the commencement of the hearing.
Where defence is not filed
If the respondent does not file his defence in Form 2, then the Tribunal
may:
Make an award for the claimant in Form 5 on the hearing date; or
Adjourn the hearing to allow the respondent to file his defence
Where claim is admitted
Where the respondent admits the claim, the Tribunal will make an award
for the claimant in Form 6.
Non-appearance of parties
1) Where the claimant is absent but the respondent is present for the
hearing, the Tribunal may:
Dismiss the claim, if the respondent has no counter-claim;
Make an award for the counter-claim if there is one.
Any award made by the Tribunal shall be in Form 7
2) Where the claimant is present but the respondent is absent, the Tribunal
may:
Proceed with the hearing or
Adjourn the hearing to a later date.
Any award made by the Tribunal to the claimant shall be in Form 8.
3) Where the claimant and respondent are both absent. Under such circumstances,
the Tribunal will strike out the case.
Negotiation
If at the hearing, the parties involved decide to settle the claim by
mutual consent, the award will be recorded in Form 9.
Hearing
At the hearing, the claimant may call any witness, produce documents or
records in support of his case.
After the claimant has presented his case, the respondent will be given
the chance to do the same.
When both have presented their respective cases, a brief oral or written
submission may be made by the respondent and thereafter by the claimant.
An award made by the Tribunal will be in Form 10.
Costs
The Tribunal may at its discretion award costs (the expenses incurred
for holding the hearing) not exceeding RM200 to any one party.
The Gripe Box is a fortnightly collaboration between Week-Ender and the
Consumers Association of Penang (CAP).
Niggling problems keeping you awake at night? Send your gripes to:
WeekEnder, Star Publications (M) Bhd, Level 3A, Menara Star, 15, Jalan
16/11, 46350 Petaling Jaya. Or e-mail [email protected]
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