You bought a microwave from a store, which shorts and stops working after only a week and the store tells you that the damage is not covered under warranty as it is your fault.
So, what can you do? For larger disputes, it may be worth your while to hire a lawyer, but what if the items are lower amounts, what other options are there?
The Consumer Tribunal is there for you. The following information may assist you in seeking a remedy via the Ministry of Domestic Trade and Consumer Affairs:
1. Consumer Tribunal (Section 85, Part XII, Of The Consumer Protection Act 1999) - https://tribunal.kpdnhep.gov.my/portal/index.php/en/faq is normally utilized by individuals (Consumers) against Companies (Vendors/Sellers/Suppliers) whose products/services rendered was not of the quality or make as represented by the Vendor.
2. The following information are available on the Consumer Tribunal website:
a. Type of Claims a consumer can claim under Tribunal
i. A consumer can lodge a claim with the tribunal claiming for any loss suffered on any matter concerning his interests as a consumer under this act arising from –
1. A false or misleading conduct, false representation or unfair practice
2. Safety of goods and services
3. The right against a supplier in connection with any of the guarantees implied by the Act
4. The right against a supplier in connection with any guarantee implied by the act in relation to services
5. The right against a manufacturer in connection with any express guarantee on supply of goods as to
6. The right against a manufacturer in connection with any guarantee implied by the act in respect of any good
ii. ‘Goods’ means goods which are primarily purchased, used or consumed for personal, domestic or household purposes, and includes:
1. Goods attached to, or incorporated in, any real or personal property;
2. Animals, including fish;
3. Vessels and vehicles;
4. Utilities; and
5. Trees, plants and crops whether on, under or attached to land or not. But does not include the right in chose including any negotiable instrument, shares, debentures and money.
b. Procedure
i. Procedure for initiating a claim on your own : https://tribunal.kpdnhep.gov.my/portal/index.php/en/claims/procedures/procedure-for-filing
ii. Flowchart for Filing of Form 1 : https://tribunal.kpdnhep.gov.my/portal/images/ttpm/pemfailan%20b1%20online%20bi.pdf
iii. Filing Statement of Claim : https://tribunal.kpdnhep.gov.my/portal/images/ttpm/how_to_fill_form1.pdf
iv. Filing Defense & Counter-Claim : https://tribunal.kpdnhep.gov.my/portal/images/ttpm/how_to_fill_form2.pdf
Hope this helps.
This is intended as general guidance not actual legal advice. Please contact me at aziraaziz.law@gmail.com or fill up a form at www.aziraaziz.com for detailed legal services related to above, or anything at all related to law and policy.
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