1. What are the objectives of Tribunal For Consumer Claim Malaysia?
- To provide an alternative forum to civil courts for consumers to claim redress in respect of any goods and services purchased in a convenience, fast manner and at a minimal cost.
- To hear and determine claims in an independent and just manner.
- To develop the law on consumer protection
2. When was Tribunal For Consumer Claims Malaysia established?
The Tribunal for Consumer Claims established on 15 November 1999 under section 85, Part XII of The Consumer Protection Act 1999 [Act 599]. The Tribunal operates under the Ministry of Domestic Trade and Cost Of Living.
3. What is the jurisdiction for Tribunal for Consumer Claims Malaysia?
The Tribunal has jurisdiction to hear -
- a claim for redress for the purchase of goods or services permitted under the jurisdiction of the Tribunal as provided under Act 599.
- a claim where the total amount does not exceed RM50,000.00; and
- a claim which accrues within three years of the claim.
4. What are the limitations of jurisdiction for Tribunal For Consumer Claims Malaysia?
Tribunal has no jurisdiction for claims:
- arising from personal injury or death;
- for the recovery of land, or any estate or interest in land;
- on dispute concerning the title to any land or estate or interest in land;
- dispute concerning the entitlement of any person under a will or on any intestacy;
- professional services regulated by any written laws;
- healthcare services;
- aviation services;
- dispute related to matters concerning -
- trade secret or other intellectual property;
- any chose in action; or
- 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.
5. Who are the consumers under Act 599?
- Consumer means an individual who acquires or uses or buys goods or services ordinary for personal, domestic or household purpose, use or consumption.
- An individual who purchase, uses or acquires goods or service primarily for business purpose or purchased or acquires goods or service in the name of a company is not a consumer.
6. Does the Tribunal have the legal capacity to act on consumer complaints?
The Tribunal is an alternative forum to civil courts for consumers to file redress claims against manufacturers, sellers or service providers for matters provided under the Consumer Protection Act 1999 [Act 599] and the Tribunal does not have the legal capacity to act on complaints.
7. How is the execution of award under Act 599?
The Tribunal shall, where practicable make its award within 60 days from the first day of the hearing.
- Every award made by Tribunal shall be final and binding on all parties.
- Every award made by Tribunal shall be deemed to be an order of a Magistrate’s Court and may be enforced in a Magistrate’s Court which has the same local jurisdiction where the award was obtained.
8. How is the non-compliance on award?
Any person who fails to comply with an award after 14 days from the date the award was made by the Tribunal commits an offence and shall on conviction -
- Be liable to fine not exceeding Rm10,000.00 or to imprisonment for a term not exceeding two years or to both
- In the case of a continuing offence, the offender shall, in addition to the penalties above, be liable to a fine of not less than RM100.00 and not exceeding RM5,000.00 for each day or part of a day during which the offence continues after conviction.
The claimant may lodge a non-compliance complaint to the Enforcement Division, MDTCOL.
9. What is the Judicial Review?
Every award made by the Tribunal under subsection 112 (2) and 107 (3) of Act 599 is final and binding on all parties to the proceedings as provided under section 116 of Act 599. However, a dissatisfied party may apply to the Hight Court for Judicial Review.
10. How to File Claim?
Consumer may file a claim by using the following methods:
- filling at any Tribunal counter throughout the country.
- online filling through https://ttpm.kpdnhep.gov.my.
11. Will there be any charge for filling claim?
Filling fee is RM5.00