Background of The Tribunal
- The Tribunal for Consumer Claim Malaysia is established under the Consumer Protection Act 1999 [Act 599] which serves to hear and pass judgment on claims filed by consumers under Act 599 and subject to the provisions of the Act.
- Before the establishment of the Tribunal, all disputes between consumers and traders, supplier or manufacturer of goods or a service provider had to be brought to a civil court which involves complicated procedures, high costs and time-consuming. These are some of the reasons why consumers are reluctant to file their claims against irresponsible and unethical traders, suppliers or manufacturers or service providers in civil courts, especially if the amount claimed is small, even though now there is a Small Claims Court in each state to hear a claim not exceeding RM5,000.00.
- Understanding this situation, the Tribunal for Consumer Claims Malaysian was established to provide an alternative channel other than a civil court for consumers to claim compensation on the purchase of goods or services supplied from merchants or service providers in a SIMPLE, INEXPENSIVE and SPEEDY manner.
Section 86 of Act 599 provides that the Tribunal shall consist of a Chairman and a Deputy Chairman, which comprises officials from the Judicial and Legal Service and not less than five members of the Tribunal are appointed by the Minister, which consists of members of the Judicial and Legal Service or the qualified within the meaning of the Legal Profession Act 1976 [Act 166], the Sabah Advocates Ordinance (Chapter 2) or the Sarawak Advocates Ordinance (Chapter 110).
JURISDICTION OF THE TRIBUNAL
The Tribunal has jurisdiction to hear–
- a claim for redress for the purchase of goods and services allowed under the jurisdiction of the Tribunal;
- total amount claimed not exceeding RM25,000.00; and
- accrued claims within three years of the claim.
LIMITATION OF JURISDICTION
The Tribunal has NO jurisdiction to hear any claims-
- arising out of personal injury or death
- for the recovery of land or any estate or interest relating to land
- disputes over title to any land or any estate or any interest relating to land
- disputes over the rights of any person under a will or intestate of death
- disputes relating to matters:-
- trade secrets or other intellectual property
- any right of action; and
- when any tribunal has been established under any other written law to hear and decide on the claim in respect of the subject matter of the claim
TYPES OF CLAIMS THAT CAN BE FILED IN THE TRIBUNAL
Users may file claims at the Tribunal claiming redress for losses in connection with their interests as consumers arising out of:-
- misleading or deceptive conduct in relation to the goods regarding the nature, manufacturing process, characteristics, suitability of a purpose, the quality and quantity of such goods;
- misleading and deceptive conduct in connection with the service of the nature, characteristics, suitability of a purpose, the quality and quantity of such services;
- False or misleading representations in relation to the goods that the goods are –
- of a specific type, standard, grade, quality, quantity or model
- have a certain history or specific uses or come from a particular place
- new or newly restored
- have been manufactured, produced, processed or reconditioned at a certain time;
- have some form of sponsorship, approval, endorsement, affiliation, performance characteristics, accessories, uses or benefits;
- false or misleading representation in connection with the service that the service is:-
- of certain types, standards, qualities or quantities;
- Supplied by any particular person or by any person who has certain craftsmanship, qualifications or skills; Or
- have any sponsorship, approval, endorsement, affiliation, performance characteristics, accessory, use or benefit
- misleading picture of the price on which goods or services are available;
- offer any gift, prize or other free item with the intention of not providing or not providing as offered
- acceptance of payment for goods or services with the intention of not supplying the goods or services or intending to supply goods or services that are different from the goods or services with respect to the payment received
- supply or offer to or advertise for supply any goods or services which do not comply with the safety standards specified in respect of any goods or services or classes of goods or services;
- Rights to suppliers of goods in respect of guarantees relating to goods in respect of
- acceptable quality
- fitness for a particular purpose
- that the goods comply with sample or description
- reasonable price
- repairs and spare parts; and
- the availability of similar items in the future; and
- rights to service providers in respect of guarantees relating to services regarding –
- reasonable care and skill
- fitness for particular purpose
- reasonable time of completion; and
- reasonable price charged.
HOW TO FILE CLAIMS?
TTPM adopts a user friendly policy where a claimant can make claims directly in the following way:
- at TTPM counter at State Offices throughout Malaysia including in Federal Territory of Putrajaya, Federal Territory of Kuala Lumpur and Federal Territory of Labuan.
- filing online at https://ttpm.kpdnhep.gov.my
- filing fee of RM5.00.