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Home Consumerism Consumer Rights Tribunal for Consumer Claim Background Of The Tribunal

Tribunal for Consumer Claims Malaysia
The Tribunal for Consumer Claims Malaysia is an independent body established under Section 85, Part XII of The Consumer Protection Act 1999 [Act 599]. The Tribunal operates under the Ministry of Domestic Trade and Consumer Affairs. The primary objective of the establishment of the Tribunal is to provide an alternative channel for consumers to file a claim for redress in a convenient, inexpensive and speedy manner.

WHO IS A CONSUMER?

Generally, a consumer means an individual who purchases goods and services for personal, domestic or household purpose, use or consumption.

OBJECTIVES

  1. The Tribunal for Consumer Claims Malaysia is established under Act 599 which has the function to hear and determine claims filed by consumers under Act 599 and subject to the provisions of the Act.
  2. Before the establishment of the Tribunal, all disputes between the consumers and traders, suppliers or manufacturers of goods or service provider are filed AND heard in the civil courts which involved complicated procedures, high costs and time-consuming process. These are amongst the reasons why consumers are unwilling to pursue their claims against the irresponsible and unethical traders, suppliers or manufacturers of goods or service provider in civil courts despite the establishment of Small Claims Courts in each state to hear claims not exceeding RM5,000.00.
  3. Thus, the Tribunal for Consumer Claims Malaysia is established to provide an alternative channel other than the civil courts for consumers to claim redress in respect of the purchase of goods or services supplied from the traders or service provider in a convenient, inexpensive and speedy manner.

CLIENTS CHARTER

In order to provide excellent service to clients of the Tribunal for Consumer Claims Malaysia, we undertake:

  • That all claims will be registered and receipt will be issued on the same day the claim is filed.
  • That all claims are heard and resolved within 60 days from the first hearing date, if possible.
  • That all claims are heard and resolved in a fair and amicable manner; and
  • That all awards are issued and served on the same day the claim is heard.

MEMBERSHIP OF THE TRIBUNAL

Section 86 of Act 599 provides that the Tribunal shall consist of a Chairman and a Deputy Chairman from among members of the Judicial and Legal Service and not less than five other members of the Tribunal appointed by the Minister from among members of the Judicial and Legal Service or qualified persons within the meaning of the Legal Profession Act 1976 [Act 166], Advocates Ordinance Sabah (Sabah Cap. 2) or Advocates Ordinance Sarawak (Sarawak Cap. 110).

JURISDICTION OF THE TRIBUNAL

The Tribunal has jurisdiction to hear

a. A claim for redress for the purchase of goods and services permitted under the jurisdiction of the Tribunal.
b. A claim where the total amount does not exceed RM50,000.00; and
c. A claim which accrues within three years of the claim.

Limitation of Jurisdiction
The Tribunal has NO jurisdiction to hear any claim –

a. Arising from personal injury or death;
b. For the recovery of land or any estate or interest in land;
c. Dispute concerning the title to any land or estate or interest in land;
d. Dispute concerning the entitlement of any person under a will or on any intestacy;
e. Dispute related to matters concerning-
i. Franchise;
ii. Good will;
iii. Trade secret or other intellectual property;
iv. Any chose in action; and
f. Where any tribunal has been established under any other written law to hear and determine claims related to matter which is the subject matter of such claim.

Type of Claims
Consumers may file a claim in the Tribunal claiming for redress for the losses concerning his interests as a consumer under Act 599 arising from –

a. Misleading or deceptive conduct in relation to goods as to the nature, manufacturing process, characteristics, suitability for a purpose, quality and quantity of the goods;
b. Misleading or deceptive conduct in relation to services as to the nature, characteristics, suitability for a purpose, quality and quantity of the services;
c. False or misleading representation in relation to goods that the goods –
i. are of a particular kind, standard, grade, quality, quantity or model;
ii. have a particular history or particular used or originated from a particular place;
iii. are new or reconditioned;
iv. were manufactured, produced, processed, or reconditioned at a particular time;
v. have any sponsorship, approval, endorsement, affiliation, performance characteristics, accessories, uses or benefits;
d. False or misleading representation in relation to services that the services-
i. are of a particular kind, standard, quality or quantity;
ii. are supplied by any particular person or by any person of a particular trade, qualification or skill; or
iii. have any sponsorship, approval, endorsement, affiliation, performance characteristics, accessories, uses or benefits;
e. Misleading indication as to the price at which goods or services are available;
f. Offer of any gift, prize or other free item with the intention of not providing it or not providing it as offered;
g. Deceiving information that the goods offered are limited;
h. Acceptance of payment for goods or services without intending to supply the goods or services or intending to supply goods or services different from the goods or services in respect of which payment is accepted;
i. Supply, or offer to or advertise for supply of any goods or services which does not comply with the safety standards determined in respect of any goods or services or class of goods or class of services.
j. Rights against the supplier of goods in respect of guarantees in connection with goods as to –
i. the title;
ii. the acceptable quality;
iii. the fitness for particular purpose;
iv. the goods which comply with sample or description;
v. reasonable price;
vi. repairs and spare parts; and
vii. the future availability of identical goods; and
k. Rights against the service provider in respect of guarantees in connection with services as to–
i. reasonable care and skill;
ii. fitness for particular purpose;
iii. completion within a reasonable time; and
iv. reasonable price to be charged.

Filing And Registration Procedure

In summary, the filing and registration procedures of a claim are as follows: • All claims shall be made in Form 1, which can be obtained for free from any nearest Tribunal office;
• The Claimant shall fill in 4 copies of Form 1 and afterwards file them at the nearest Tribunal office with payment of a filing fee of RM5.00.
• Form 1 will be registered, dated, signed and sealed by the seal of the Tribunal by Secretary to the Tribunal. Two copies of Form 1 which have been sealed with the seal of the Tribunal will be returned to the Claimant for service on the Respondent.
• The service of Form 1 to a respondent may be done in the following manner:

i. If the respondent is an individual:

• Leaving the document with that person; or
• Tendering the document to that person; or
• Posting the document in a pre-paid registered letter
addressed to that person at his address for service or
last known address.

ii. If the respondent is a Company or Firm:

• Leaving the document with the director, manager,
secretary or other similar officer of the company
or the proprietor of the firm;
• Tendering the document to any of the persons
referred above; or
• Posting the document in a pre-paid registered letter
addressed to any of the persons referred above at the
registered office of the company or firm or at its
address for service.

• The respondent who receives the sealed Form 1 from the claimant shall, if he disputes the claim, file his statement of defence and counter-claim (if any) in Form 2 which can be obtained for free from the Tribunal’s office;

• Form 2 shall be filed in 4 copies at the same Tribunal’s office where Form 1 was filed earlier within 14 days from the date of receipt of Form 1 by the respondent;

• The payment for filing of Form 2 is RM5.00 and an official receipt will be issued to the respondent;

• Form 2 will be registered, dated, signed and sealed with the seal of Tribunal by the Secretary to the Tribunal. Two copies of Form 2 which have been sealed will be returned to the respondent where one copy will be served on the Claimant.

• The claimant who receives Form 2 from the respondent shall prepare his defence to the counter-claim by the respondent (if any) in Form 3 which can be obtained for free from the Tribunal’s office;

• Form 3 shall be filed in 4 copies at the appropriate Tribunal’s office within 14 days from the date of receipt of Form 2 by the claimant. No filing fee for Form 3.

• Form 3 will be registered, dated, signed and sealed with the seal of the Tribunal by the Secretary to the Tribunal and 2 copies of Form 3 which have been sealed will be returned to the Claimant where one copy will be served on the Respondent.