Tribunal for Consumer Claims Malaysia

Notice that there are some comments pertaining to the filing of the Tribunal for Consumer Claims. In fact, Fei is very kind and shared a short note on how to do the filing in the comment column in one of my posts on 8th Sep. But, I think some of you might miss that due to too many comments already. So, I have visited the Tribunal for Consumer Claims Malaysia’s website given by Fei and try to summarize as much as I can here.
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Few Relevant FAQ:

How does a consumer file a claim in the Tribunal?
A claim can be filed in the Tribunal by filling up the claim form which is known as Form 1. This Form is available free of charge from all Tribunal branches and can even be downloaded from the e-Tribunal portal.

Form 1 must be completed in 4 copies by the claimant and filed in the nearest office of the Tribunal. The filing fee for Form 1 is RM5.00 and an official receipt will be issued to the claimant.

Form 1 will be registered dated and signed by the Secretary or an Assistant Secretary of the Tribunal and affixed with the seal of the Tribunal. Two copies of Form 1 that have been affixed with the seal of the Tribunal shall be returned to the claimant for service. Service of Form 1 to a respondent may be affected in any of the following manner:

1. leaving the document with the director, manager, secretary or other similar officer of the company or the proprietor of the firm;
2. giving the document to any of the persons mentioned above; or
3. posting the document in a pre-paid registered letter addressed to any of the persons mentioned above at the registered office of the company or firm or at its address for service
   
   Note: Refer to the comment in Joshua’ s blog - since YogaZone in under the Receivership, so the service of Form1 will be directed to the Receiver. Their details as follow:
   Ferrier Hodgson MH Sdn Bhd, No. 22, Jalan Tun Sambathan 3, 50470 Kuala Lumpur
   

What happens after filing Form 1?
The consumer has to serve Form 1 on the trader and both parties are required to attend a hearing of the claim on the date fixed by the Tribunal.

How should the parties prepare for the hearing before the Tribunal?
The parties should gather all relevant documents regarding the claim and get ready any witnesses to attend the hearing. Any party can also bring along a family member, friend etc. to assist them at the hearing. However, no lawyers are allowed to represent either party at the hearing.

What happens after the Tribunal hearing?
If the claim is settled with the consent of both parties, the Tribunal will issue an agreed award (Note: All Tribunal orders are known as awards). If the claim is not settled, the Tribunal will issue an award based on the assessment of the facts and the law involved. The President will give his reasons for the award.

What happens if any one party does not comply with an award of the Tribunal?
Non-compliance with a Tribunal award is a criminal offence under the Consumer Protection Act, 1999. Any complain of non-compliance with an award should be made to the Enforcement Division, Ministry of Domestic Trade and Consumer Affairs.

Tribunal Branches

WILAYAH PERSEKUTUAN KUALA LUMPUR
Ketua Seksyen
Tribunal Tuntutan Pengguna Malaysia
Tingkat 16, Putra Place
100, Jalan Putra
50622 KUALA LUMPUR.
TEL: 03-4042 4181 / 4042 4194
FAX: 03-4042 4259

SELANGOR
Ketua Seksyen
Tribunal Tuntutan Pengguna Malaysia
Lot 03-13, Tingkat 3, Bangunan PKNS
40622 SHAH ALAM, SELANGOR.
TEL: 03-5511 8271 / 5511 4929
FAX: 03-5511 6981

For Penang, Malacca and Sabah, please refer to this link:
http://ttpm.kpdnhep.gov.my/portal/index.php?option=com_content&task=view&id=22&Itemid=30

Guideline to help you fill in the Form 1 http://ttpm.kpdnhep.gov.my/portal/images/stories/tribunal/how_to_fill_form1.pdf

Excerpt from Fei’s comment, we should fill up Yogazone particular (as per below) in the Respondent column.

• Name of Respondent : The Yoga Zone Group Sdn Bhd
• I.C. No. / Registration
• CompanyNo. : 680406-X
• Address : No. 30-1, Jalan 2/109E, Desa Business Park, Taman Desa, Off Jalan Klang Lama,58100, Kuala Lumpur, Malaysia.
• Tel. No. : 03 - 7987 7680
• H/P No. : nil
• Fax No. : 03 - 7983 2676
• Email : info@yogazone.com.my
  

You may download the Form 1 from this link: http://ttpm.kpdnhep.gov.my/portal/images/stories/tribunal/form_1.pdf

Online Filing is also available but have to register as a member first thru e-Tribunal as shown below.



Hope the above information is useful for you and for further details, you may refer to Tribunal for Consumer Claims Malaysia.