All about numbers: Hamidun showing the statistics of consumer claims received by the tribunal. — SAMUEL ONG/The Star
Tribunal offers an inexpensive way to settle disputes
PETALING JAYA: From making claims for a screw worth below RM1 to botched home renovations that cost tens of thousands of ringgit, Malaysians are exercising their rights as consumers.
Claims amounting to over RM190.28mil in 26,397 cases have been filed with the Tribunal for Consumer Claims Malaysia (TTPM), which operates under the Domestic Trade and Cost of Living Ministry, from 2019 until May 2023. Of this, a total award amounting to RM59.2mil has been issued by the tribunal.
TTPM chairman Hamidun Abdul Fatah said the tribunal had handled claims for small purchases such as a commuter ticket worth RM1.80 and a screw that costs less than RM1.
He said the tribunal plays the role of an alternative dispute resolution body to civil courts for consumers to file redress claims for purchases of goods and services valued up to RM50,000.
ALSO READ: Consumers continue to fight for their rights
Its jurisdiction is limited to a claim that is based on a cause of action which accrues within three years, he said.
“The tribunal hears and determines claims in an independent and just manner.
“It is an alternative so that the public need not go to the courts. It is also a way for the people to settle disputes in a convenient, fast and inexpensive manner,” said Hamidun in an interview.
He said consumers, who feel that their rights have been breached, could always bring their cases to the tribunal.
Compared to the civil courts, he said claimants at the tribunal only need to pay a RM5 fee.
“If they go to the civil courts, they have to appoint a lawyer and pay legal fees and sometimes, the amount of claims is too small to proceed, leading to disgruntled consumers.
“With the tribunal, all parties are not allowed to be represented by lawyers during the hearing, except for big firms with in-house legal counsels.
“It gives a new line of hope for consumers to access a justice system that is fast and easy,” he said.
He reminded that the same claim could not be filed in both the tribunal and the civil courts.
Before the tribunal hearing, Hamidun said the parties involved shall gather all evidentiary support such as written agreements, payment receipts and all trail of communication regarding the claim.
“Keep all the receipts, be it online or physical ones, any written agreement and trail of communication, such as messages.
“The respective tribunal president will make a decision and issue an award based on the assessment of the facts and law,” he said.
Those who fail to comply with an award within 14 days would be liable to a fine not exceeding RM10,000 or a maximum two-year jail or both upon conviction, Hamidun said.
He added that those who are dissatisfied with the award and wish to dispute it could apply to the High Court for a judicial review.
“The president’s role is to hear the nature of disputes and encourage those involved to negotiate; they can settle the claim outside of the hearing,” he said.
Hamidun said each case shall be resolved within 60 days from the first hearing date where practicable.
He said while most of the cases could be settled within the timeline, some complex ones such as home renovations require more time as these involve assessment documents from the structural report and quality surveyors.
“Rested justice is injustice but at the same time, the most important thing is that both parties, which are consumers and businesses, are able to present their cases and be given an equal opportunity at the tribunal,” he added.To file a claim with the tribunal, consumers need to fill up the Statement of Claim form, which is available at TTPM offices nationwide or on the e-Tribunal portal.
Consumers could also file the claims online via https://ttpm@kpdnhep.gov.my.
