BACKGROUND OF THE TRIBUNAL
1. The Tribunal for Consumer Claims Malaysia (TCCM) is an independent judicial body established under Section 85, Part XII of the Consumer Protection Act 1999 and came into force on 15 November 1999.
2. Part XII of the Act contains 37 relating to Tribunal for Consumer Claims such as its membership, jurisdiction, proceedings, awards made by the Tribunal and other related matters.
OBJECTIVE OF TRIBUNAL
1. The Tribunal for Consumer Claims Malaysia is an independent body established under the Consumer Protection Act 1999 with the primary function of hearing and determining claims lodged by consumers under the Consumer Protection Act 1999 and subject to the provisions of the Act.
2. Before the establishment of the Tribunal, all disputes between consumers and the traders, suppliers or manufacturers of goods or the service providers is been brought to the civil courts which involved complicated procedures, high costs and time consuming. These are some of the reasons as to why the consumers were reluctant to pursue their claims against the irresponsible and unethical traders, suppliers, or manufacturers of goods or service providers, in civil courts, especially when the amount claimed is small, even though currently there exist Small Claims Courts in every state to hear claims not exceeding RM5,000.00.
3. Understanding this situation, Tribunal for Consumer Claims Malaysia was established to provide an alternative channel apart from the civil courts for consumers to claim losses in respect of goods purchased or services acquired from traders or service providers in a SIMPLE, CHEAP and FAST manner.
MEMBERSHIP OF THE TRIBUNAL
Section 86 of the Act provides that the Tribunal shall consist of a Chairman and a Deputy Chairman who are the officers from the Judicial and Legal Service and not less than five other members of the Tribunal appointed by the Minister.
JURISDICTION OF THE TRIBUNAL
The Tribunal has the jurisdiction to hear:
1. any claim in respect of any matter within its jurisdiction to hear as provided for under the Act;
2. where the total amount claimed does not exceed RM25,000.00;
3. any claim in respect of any goods or services for which no redress mechanism is provided for under any other written law; and
4. a claim based on a cause of action 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 in respect of title of 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 on matter in respect of:-
ii. good will;
iii. trade secrets or other intellectual property ;
iv. any chose in action; and
F. where any other tribunal had been established under any other written law to hear and determine claims on matters which is the subject matter of such claim.
Tribunal For Consumer Claims Malaysia,
TYPES OF CLAIMS WHICH MAY BE FILED IN THE TRIBUNAL
Consumers may file claims with the Tribunal claiming for damages for the losses suffered on any matter concerning his interests as a consumer under this Act 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, style or specific model;
ii. have a particular history or particular use or originated from a particular place;
iii.new or reconditioned;
iv. manufactured, produced, processed, or reconditioned at a particular time;
v.have any sponsorship, approval, endorsement, 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 any 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 as offered;
g. other deceiving claims such as describing that the goods are limited;
h. accepting payment for goods or services without intending to supply the goods and services or intending to supply goods or services different from the goods or services in respect on which payment was accepting;
i. supply, or offer to or advertise for supply any goods or services which does not comply with the safety standards determined in respect of any goods or services or any goods or services or class goods or services.
j. Rights against the supplier of goods in respect of guarantee in connection with of goods as to –
i. the title;
ii. the acceptable quality;
iii. the fitness for a particular purpose;
iv. that the goods comply with sample or description;
v. reasonable price;
vi. repairs and spare parts; and
vii. the future availability of identical goods
k. Rights against the service provider in respect of guarantee in relation to services as to: -
i. reasonable care and skill;
ii. fitness for a particular purpose;
iii. completion within a reasonable time; and
iv. reasonable price to be charged.