GROUP B_Small Claims Court & Tribunal Consumer Claims
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Transcript of GROUP B_Small Claims Court & Tribunal Consumer Claims
SMALL CLAIMS COURT
TRIBUNAL FOR CONSUMER CLAIMS
MALAYSIA
1
NOOR AZLIZA BT. A. AZIZ PBS1411504NADIMAH HILWAH BT MOHD SAIFUDDINPBS1411610INTAN ZUBAIDAH BTMOHAMAD HATTA PBS1411559ROHAIDA BINTI ALI PBS1411624MERALDA ARDELIA PBS1411576
GROUP B
OBJECTIVES
The objectives of the study is to understand:• What is Small Claims Court (SCC)
• What is Tribunal for Consumer Claims Malaysia (TCCM)
• The differences between SCC and TCCM
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SMALL CLAIMS COURT
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WHAT ARE SMALL CLAIMS PROCEEDINGS?• Small Claim Procedure (SCP) is a legal action,
which is simple and cost relatively low to initiate• SCP is where an individual (not agent or
company or person holding power attorney or etc) wants to claim from someone else (debt) using court procedure, i.e. suing in court of law.
• SCP in Malaysia are heard in the Magistrate Court, governed under the Order 54 Small Claims Procedures of the Subordinate Courts Rules 1980.
• The Magistrate Court will handle disputes between individuals or an individual making a claim against a business.
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SMALL CLAIMS COURTThe SCP of the Magistrates' Court was set up in 1987 to hear
cases when: the party pursuing the claim is an individual and not a
company (or an agent or assignee of debts); and the amount in dispute or the value of the subject matter of the
claim does not exceed RM5,000.00.
Examples of such claims include: Refund of money paid for goods which turn out to be defective; Refund of wages/salaries paid for work that has not been
carried out; Claims for commissions due, payment of services rendered,
facilities supplied, or repairs undertaken.5
PROCEDURE
BEFORE
FILING AFTER
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BEFORE
Letter of Demand
Plaintiff
Defendant
Counter-offerAccept
Court
Reply
Not reply
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FILINGMagistrate Court
Form 198
RM20
Form 198 sealed by the
Court
Defendant
Out of Court
Settlement
Inform the
Magistrate
Form 199
Hearing
RM4
Form 198 – Writ for Small Claim OrderForm 199 – Statement of Defense / Counterclaim
Plaintiff
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E-FILING
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efiling.kehakiman.gov.my/eFiling#
DEFENDANT ADMITS THE PLAINTIFF’S CLAIM
Form 199
Form 204
RM4
Form 204 – Judgement Where Defendant Admits Claim
Plaintiff
Defendant
Magistrate Court Officer
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DEFENDANT AGAINST THE PLAINTIFF’S CLAIM
Form 199
Set Hearing Date
Plaintiff
Defendant
Court
FinishJudgement
RM4
Defendant
Reach a settleme
nt
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DEFENDANT DEFEND AND COUNTERCLAIM AGAINST THE
PLAINTIFF’S CLAIM
Form 200 – Defence to Counterclaim
Judgement
Form 199
Form 200
RM24
Hearing
Defendant
Magistrate Court Officer
Plaintiff RM4
FinishReach a settleme
ntCourt 13
NO RESPONSE FROM THE DEFENDANT
Form 201
Postponed the Hearing
Date@
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ENFORCING THE JUDGEMENT
Form 208
Hearing
Defendant
Defendant
Instalments
Writ of Seizures and Sales
Arrest
AdhereNot AdherePlaintiff
Magistrate Court Officer
Not attend
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TRIBUNAL FOR CONSUMER CLAIMS MALAYSIA
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TRIBUNAL?
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Board established under the law to make a formal judgments on matter e.g. claim by individual & dispute
between consumer and seller.
INTRODUCTIONTribunal Tuntutan Pengguna Malaysia (TTPM)
Independent Body
Established Under Section 85, Part XII of The Consumer Protection Act 1999 (CPA 1999)
Operates Under The Ministry Of Domestic Trade, Co-Operative And Consumerism
Came into operation on 15 November 1999
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FUNCTION & OBJECTIVE
FUNCTIONHearing and determining claims filed by consumers under the
Consumer Protection Act 1999
OBJECTIVEAlternative channel for consumer to file claims in an easy,
inexpensive and speedy manner
WHO IS CONSUMER? A person who buys goods and services for his personal use/domestic use/household purpose
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MEMBERSHIP OF TRIBUNAL
Section 86, CPA 1999:
A Chairman and a Deputy Chairman – Officers from the Judicial and Legal Service
Not less than five other members
Appointed by Minister of Domestic Trade, Co-Operative and Consumerism.
Members hold the office for a term not exceeding 3 years 20
ORGANIZATION CHART
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HEADQUARTERS Tribunal for Consumer Claims Malaysia Level 5, Podium 2, No. 13, Persiaran Perdana, Precint 2, Federal Government Administrative Center, 62623, Putrajaya
Toll Free : 1-800-88-9811
General Line : 03 – 88825822
Fax No. : 03-88825831
https://ttpm.kpdnkk.gov.my 22
OFFICE OF TRIBUNAL - BRANCHES
• Kangar
PERLIS
• Alor Setar, Sungai Petani, Kulim, Langkawi, Baling, Jitra
KEDAH
• Seberang Prai, Kepala Batas
PULAU PINANG
• Teluk Intan, Kuala Kangsar, Tapah, Parit BuntarPERAK
• Shah Alam, Kuala Selangor, Kuala Kubu Baru, Batu Caves, Kajang, Petaling Jaya, Sepang,
SELANGOR
• Seremban, Port Dickson, Kuala Pilah
NEGERI SEMBILAN
• Alor Gajah, MITC
MELAKA
• Johor Bahru, Batu Pahat, Mersing, Segamat, Kota Tinggi, Pontian
JOHOR
• Kuantan, Temerloh, Raub, Jerantut, Rompin, Bera
PAHANG
• Kuala Terengganu, Kemaman, Besut, Dungun
TERENGGANU
• Kota Bharu, Kuala Krai, Pasir Mas, Tanah Merah
KELANTAN
• Bintulu, Sibu, Sarikei, Kapit, Lawas
SARAWAK
• Kota Kinabalu, Tawau, Sandakan, Keningau, Kudat, Lahad Datu, Beaufort, Tuaran, Semporna
SABAH
• Kuala Lumpur, Labuan
WILAYAH PERSEKUTUAN
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METHODS TO FILE A CLAIM
OFFICE 24
E-Tribunal25
METHODS TO FILE A CLAIM
CLIENTS CHARTER
In order to provide excellent service to all clients, Tribunal undertake: Registered and official receipt issued on the same day the claim is
filed
Settled within 40 days
Heard and settle in a fair and just manner
All awards are issued and served on the same day that the claim is heard
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TRIBUNAL’S JURISDICTION• To receive
Any claim provided under Section 85, Part XII (CPA 1999)
Any other matter prescribed by the Minister
Claim does not exceed RM25,000
• To determine an award
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TYPE OF CLAIMSA consumer may lodge a claim arising from:
Misleading and sneaky conducti) Dubious or false marketingii) A verbal lie
Safety of goods and services i) Product’s Instruction / Precaution
Right against a supplier/manufacturer in connection with guarantee. i) Price and charge’s disputeii) Product quality & performanceiii) Supply of goods iv) Quality of Service
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CONSUMER CLAIM - 2012
Electronic / Telecommunica-
tion36%
Furniture23%
Electrical Ap-pliances
18%
Clothing & Ac-cessories
11%Others
12%
Total Claim: 576429
Source: NCCC Annual Report 2012
CLAIM BY CATEGORY - 2013Category No. Of Claim
Lucky Draw 606
Car 253
Mobile Phone 553
Electrical Appliances 304
Furniture 257
Computer 136
Motorcycle 64
Car’s Spare Part 113
Garments 37
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Category No. Of Claim
Jewelries 16
Watch 24
Toys 14
Fabric 6
Camera 17
Pets 7
Stationery 1
Others 964
TOTAL CLAIM 3372
Source: TPPM Website ( Claim Report Jan - Oct 2013)
LIMITATIONNo jurisdiction in the claim :-
a) Arising from personal injury or death b) Title of land c) Recovery of Estated) Dispute concerning
• The entitlement of any person under a will or settlement • Goodwill • Intellectual property
The jurisdiction is limited to a claim which accrues within three years.
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CONSUMER RESPONSIBILITYArm with knowledge of consumer’s rights
• Portal 1MPB - http://www.1pengguna.com/
Ethical conduct • Avoid buying a imitation product
Buying a certified product (SIRIM)• QOSHE Section : 03-5544 6805 or • E-mail : [email protected]
Faulty Product • Go back to the supplier and make a complaint• No respond, put it in writing to principal company• File a case with Tribunal
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FILING PROCEDURES
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1
• Claimant submit claim - Form 1 (4 copies). • Filed in the nearest office - Fee RM5
2
• The Secretary shall registered, dated, signed and sealed the form • 2 copies will be returned (1 to be submitted to Respondent)
3
• Respondent will receive the sealed copy • Accept or dispute (File defense and counter claim – Form 2)
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• Filed Form 2 at the same Tribunal’s office • Within 14 days – Filing Fee RM 5
5
• Form 2 will be registered• 2 copies will be returned (1 to be submitted to Claimant)
6
• Form 3 to be submitted by claimant if dispute still arise• Or in the case of settlement : Notice of Discontinuance
HEARING PROCEDURES
Notice in Form 4<14 days
No representative (e.g: advocate/solicitor)s.108(2) of the Act
If the claimant is a minor/disabled: represented by friend/guardian
Every party must attend and be heard
s.108(1) of the Act
Hearing must be presided by a member of Tribunal:
President
If the respondent is a company/firm:
represented by full time employee
All proceedings shall be open to the public
s.109 of the Act
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• Award: 60 days from the first day of hearing• Lawful awards:
AWARD OF TRIBUNAL
Paying money to another party The goods supplied/resupplied according to contract The goods are replaced/repaired Comply with guarantee Compensation for any loss/damage Cost to another party is paid (<RM200.00) Paying interest (<8% per annum)
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Redressal of Service
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Fine: <RM5,000Imprisonment: <2 yearsOr both
In the case of a continuing offence:Offender Fine: <RM1,000/day
CRIMINAL PENALTY FOR NON COMPLIANCE OF AWARD
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Utilizing the services of the Tribunal to protect their interest and rights as consumers
Seeking redress against unscrupulous and unethical traders and suppliers of goods
Tribunal continues to strive for greater awareness among the general public
CONCLUSION
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COMPARISONSMALL COURT CLAIM TRIBUNAL FOR CONSUMER CLAIM
Operation Operates within ordinary court mechanism
Within Tribunal’s jurisdiction. Independent Body
Claim Limit RM 5000 RM 25000
Party Involved Claimant against individual Claimant against business
Cost Higher Reasonable
Duration Longer Process Fast39