SMALL CLAIMS COURT

TRIBUNAL FOR CONSUMER CLAIMS

MALAYSIA

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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 : Fauziaha@sirim.my

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)

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• 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

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• Form 2 will be registered• 2 copies will be returned (1 to be submitted to Claimant)

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• 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