Wednesday, June 29, 2011

Tribunal For Consummer Claims

I received this from a Friend: I cannot confirm if this article is correct. All I can confirm is that this "Tribunal Tuntutan Pengguna Malaysia" is quite effective to settle disputes where the amount is RM25,000 and below.

Notice that most of the time, the receipt / invoice you received from the merchant carries this exclusion clause or similarly worded statement: 'Goods sold are not returnable' or 'No refund once sold'.

The thing that I have learnt from here is that : 'As long as the product is purchased for home use and not for business ( i.e. to be resold), the above exclusion clause is VOID.

That means, as long as the product is defective (or the product does not work as claimed by the sales pitch), regardless of what is worded, you CAN get back all your money spent. You do not have to accept a repair on the product or an exchange. You CAN ask for a refund. AND you are LEGALLY right and entitled to!

And most of the time the merchant will refuse to return you your money. Her advice? From her own experience ( and no less than 7 and all successful!) , she will threaten the merchant with four words: 'SEE YOU IN COURT!'

The court here refers to the Small Claims Tribunal Court. You don't have to tell them what court! All you have to pay is RM10 admin fee and the loser (the merchant) will have to refund you the money PLUS the admin fee!

Tribunal Tuntutan Pengguna Malaysia ,
Tingkat 16, Putra Place ,
100, Jalan Putra ,
50622 KUALA LUMPUR
Tel: 03 - 40492300 / 40424181 Fax: 03 - 40424259

http://ttpm.kpdnkk.gov.my/portal/index.php

The Tribunal for Consumer Claims is an independent body established under Section 85, Part XII of the Consumer Protection Act 1999. The Tribunal operates under the Ministry of Domestic Trade, Co-operatives and Consumerism. The primary objective of establishing the Tribunal is to provide an alternative forum for consumers to file claims in a simple, inexpensive and speedy manner.

Generally a consumer means a person who buys goods and services for his personal use or for domestic or household purpose.

The Tribunal has jurisdiction in respect of any claim not more than RM 25,000.00 filed within 3 years of the dispute except the following claims

◦claims arising from personal injury or death;

◦claims for the recovery of land, or any estate or interest in land;

◦claims in which the title to any land, or any estate or interest in land, or any franchise, is in question;

◦in which there is a dispute concerning :-

◦- the entitlement of any person under a will or settlement or on any intestacy;

◦- goodwill;

◦- any choose in action;

◦- any trade secret or other intellectual property; and

◦where any other tribunal has been established under any other written law to hear and determine claims that are under the jurisdiction of that other tribunal.

No comments:

Post a Comment