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Malaysian Consumer Tribunal (Highly Recommended Approach)


MALAYSIAN CONSUMER TRIBUNAL

 

on

 

NGV PROBLEMS BY IRRESPONSIBLE NGV INSTALLERS

 

(Licensed or Unlicensed NGV Installers)

 

Guideline Provided By

NGV Users who went to Malaysian Consumer Tribunal on NGV Problems

 

 

 

 

 

WHAT IS MALAYSIAN CONSUMER TRIBUNAL ?

Consumer Tribunal is a board established under the law to adjudicate in a certain matter such as claims by an individual. In Malaysia, there is the Tribunal for consumer claims.

 

Tribunal Tuntutan Pengguna Malaysia,
Kementerian Perdagangan Dalam Negeri, Koperasi dan Kepenggunaan,
Aras 5, Podium 2,

No. 13, Persiaran Perdana,Presint 2,
Pusat Pentadbiran Kerajaan Persekutuan, 
62623 Putrajaya.

 

Toll Free : 1-800-88-9811 

Telephone No. :  03-8882 5822 

Fax No. : 03-8882 5831

Homepage : http://ttpm.kpdnkk.gov.my/portal/index.php?option=com_frontpage&Itemid=1


 

 

Other offices, kindly refer to the below weblink:

http://ttpm.kpdnkk.gov.my/portal/index.php?option=com_content&task=view&id=22&Itemid=30

 

 

 

The Tribunal for consumer claims is established under Part XII of the Consumer Protection Act 1999. It is an independent body and its primary function is to hear and determine claims lodged by consumers for losses suffered in respect of any goods or services acquired. It provides a speedy manner for the settlement of dispute between consumers and suppliers or manufacturers. Tribunal is much like court litigation, except it is less formal and much less expensive.

Your claim can be filed under the Tribunal for consumer claims if the amount in dispute or the value of the subject-matter of the claim does not exceed RM$10,000.00.

 

 

 

CAN I BE REPRESENTED BY AN ADVOCATE OR SOLICITOR ?

 

No party in this proceedings can be represented by an advocate or solicitor. Each party must conduct its own case at a hearing. However so, you can consult your lawyer friend as an advisor, but you need to represent yourself during the consumer tribunal hearing.

 

 

 

IS IT COMPLICATED TO TAKE A CASE TO TRIBUNAL ?

 

Tribunal procedure is a very simplified procedure.

 

Nevertheless, those who are unfamiliar with the process may find it a bit complicated. This guide will provide you with a step-by-step guide to Malaysian Consumer Tribunal proceedings. Know your consumer rights is important in NGV conversion, and do not be a victim of irresponsible NGV Installers.

 

 

 

WHAT ARE THE CASES THAT THE TRIBUNAL DOES NOT HEAR ?

There are certain cases where the Tribunal has no jurisdiction. The following are cases which cannot be heard by the Consumer Tribunal :

  • arising from personal injury or death
  • for recovery of land or any estate or interest in land
  • in which the title to any land or any estate or interest in land, or any franchise is in question
  • in which there is a dispute concerning
  • the entitlement of any person under a will or settlement or on any intestacy
  • goodwill
  • any chose in a claim
  • any trade secret or other intellectual property

You must file in your claim within 3 years from the date on a cause of action after which the Tribunal does not have the jurisdiction to hear your case.

 

Malaysian Consumer Tribunal will hear cases pertaining to NGV conversion, NGV Warranty and other matter related to NGV Repair Claims, as in AUTO SERVICES cases. 

 

 

 

WHAT KIND OF CASES DO THE TRIBUNAL TYPICALLY HEAR ?

The Malaysian Consumer Tribunal frequently hear dispute matters concerning a consumer's interest under arising from, among others,

  • a false or misleading representation that
    • the goods are of a particular kind, standard, quality, grade, quantity, composition, style or model of every good
    • the goods have had a particular history or particular previous use
    • the service are of a particular kind, standard, quality or quantity
    • the services are supplied by any particular person or by any person of a particular trade, qualification or skill (misrepresents the skill level of NGV Installer, in providing a false believe of competency about NGV conversion expertise) 
    • a particular person has agreed to acquire the goods or services
    • the goods are new or reconditioned
    • the goods were manufactured, produced, processed or reconditioned at particular time
    • the goods or services have any sponsorship, approval, endorsement or affiliation
    • the person has any sponsorship, approval endorsement or affiliation
    • concerns the need for any goods or services
    • concerns the existence, exclusion or effect of any condition, guarantee, right or remedy or
    • concerns the place of origin of the goods.

 

  • a misleading or deceptive conduct as to the nature, manufacturing process, characteristics, suitability for a purpose, or quantity of any good supplied to the consumer

 

  • a misleading or deceptive conduct as to the nature, characteristics, suitability for a purpose, or a quality of the services (misrepresentation of NGV conversion on performance, where after conversion becomes problematic and NGV installer is unable/refuses to rectify at his cost)

 

  • a misleading indication as to the price at which any goods or services are available (NGV Conversion cost below market value, which result to extensive/continuous NGV operational problems) 

 

  • a supplier demanding or accepting payments
    • without intending to supply the goods or services contracted
    • intending to supply goods or services materially different from the goods or services in respect of which the payment or other consideration is demanded for a accepted or
    • without reasonable grounds to believe he will be able to supply the goods or services within any specified period, or when period is specified, within a reasonable time

 

  • the cancellation of a future service contract, that is a contract for consumer services that will be provided on a continuing basis.

 

  • in respect of supply of goods, the failure of any supplier to comply with any of the guarantees implied by the Consumer Protection Act 1999 (related to NGV Component, Workmanship, After Conversion Warranty)
    • as to title
    • as to acceptable quality (as per SIRIM MS1096:1997 conversion standards) 
    • as to fitness for a particular purpose (as per NGV inspection and JPJ registration by NGV Installer)
    • that goods comply with description (necessary components for reliable NGV operations)
    • that goods comply with sample (NGV performance as promised due sales presentation)
    • that reasonable prices be charged where the price of goods is not inter alia, determined by the contract (conversion cost that warrant reliable NGV operation, at a reasonable level)
    • as to repairs and spare parts (warranty, troubleshooting, repair due to NGV conversion)

 

  • the failure of any manufacturer to comply with any express guarantee given by the manufacturer in respect of any good that is binding on the manufacturer as to
    • the quality, performance or characteristics of the goods
    • the provision of services that are or may at any time be required in respect of the goods
    • the failure availability of identical goods or
    • the return of money or other consideration should the goods not meet any undertaking by the guarantor

 

  • the failure of any manufacturer to comply with any guarantee implied by the Consumer Protection Act 1999 in respect of any good (related to NGV Component, Workmanship, After Conversion Warranty)
    • as to acceptable quality (workmanship as stated in SIRIM MS1096:1997 standards)
    • that goods comply with description (necessary components for reliable NGV operations)
    • as to repairs and spare parts (warranty, troubleshooting, repair due to NGV conversion)

     

    All NGV systems are provided with a Limited Warranty Period which must be acknowledged by Malaysian NGV Importers or Suppliers in accordance to their period of Guarantee. NGV Importer or Manufacturers are liable under this section/clause under Consumer Protection Act 1999 in Malaysia.

 

  • in respect of supply of services, the failure of any supplier to comply with any guarantee implied by the Consumer Protection Act 1999
    • as to reasonable care and skill
    • as to fitness for particular purpose
    • that the services will be completed within a reasonable time where the time for the services to be carried out is, inter alia not determined by the contract
    • that reasonable price be paid where the price for the services is inter alia, not determined by the contract

 

 

 

WHAT DO THE TERMS QUALITY, CONSUMER, GOODS AND SERVICES INCLUDE ?

 

Under the Consumer Protection Act 1999 :

 

"goods" means goods which are primarily purchased, used or consumed for personal, domestic or household purposes and includes:

 

  • goods attached to, or incorporated in, any real or personal property
  • animals, including fish
  • vessels and vehicles
  • utilities and
  • trees, plants and crops whether on, under or attached to land or not
  • NGV related: it refers to the components and system installed in your vehicle 

 

"services" includes any rights, benefits, privileges, or facilities that are or are to be provided, granted or conferred under any contract but does not include rights, benefits or privileges in the form of the supply of goods or the performance of work under a contract of service or any services provided or to be provided by professionals who are regulated by any written law (such as doctors, engineers, lawyers and architects) or health care services provided or to be provided by health professionals or health care facilities (such medical, dental, nursing, midwifery, pharmacy and ambulance services). NGV related: it refers to the installer workmanship and after sales services in order to make NGV operationally reliable in your vehicle.

 

"consumer" means a person who

  • acquires or uses goods or services of a kind ordinarily acquired for personal, domestic or household purpose, use of consumption (such as uses NGV system to operate a vehicle for daily usage)

 

  • does not acquire or use the goods or services, or hold himself out as acquiring or using the goods or services, primarily for the purpose of
    • resupplying them in trade
    • consuming them in the course of a manufacturing process or
    • in the case of goods, repairing or treating, in trade, other goods or fixtures on land

 

"quality" includes length, width, height, area, volume, capacity, weight and number.

 

 

HOW MUCH DOES IT COST TO FILE A TRIBUNAL CLAIM ?

All you have to pay is the filing fee to start the action. The filing fee to file in a Tribunal claim is only RM10.00 only. You may also need to pay for prepaid register postage if you are effecting the service of Form 1 by post.

 

 

For Filing purpose, please visit the following web link below (for guideline, flowchart and Forms) from Malaysian Consumer Tribunal (Ministry of Domestic Trade, Co-operatives and Consumerism)

  

http://ttpm.kpdnkk.gov.my/portal/index.php?option=com_content&task=view&id=71&Itemid=65

 

 

HOW DO I START A TRIBUNAL CLAIM ACTION ?

It does make sense to go to the Tribunal Office nearest to where you reside or where the supplier or manufacturer you want to claim resides to file in a Tribunal claim. You can obtain Form 1 from the download link and fax it into nearest Tribunal Office to you. The form is given free of charge.

You must fill in all the particulars and personally sign the form. Having completed the form, you must file in the form in 4 copies in the Tribunal Office.  You will be required to pay the filing fee of RM10.00. An official receipt will be issued to you.

The Secretary or Assistant Secretary to the Tribunal will cause Form 1 to be registered, dated, signed and then put the seal of the Tribunal on the 4 copies of the form. Two copies of the form will be returned to you.

 

 

 

WHAT SHOULD I DO AFTER THE FORM 1 IS SEALED BY THE SECRETARY TO THE TRIBUNAL ?

You should serve a copy of the form duly sealed on the respondent (your irresponsible installer). A respondent can be a NGV company or the owner whom you are filing the claim against.

The service of the form must be effected by :

in the case of individual

  • leaving the document with the respondent
  • tendering the document to the respondent or
  • posting the document in a prepaid registered letter addressed to the respondent's last known address (we recommend that you use Registered Post, through Post Malaysia as an acknowledge of receipt) 

 

in the case of a company or firm

  • leaving the document with the director, manager, secretary or other similar officer of the company or the proprietor of the firm
  • tendering the document to any of the persons mentioned above or
  • posting the document in a 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 (we recommend that you use Registered Post, through Post Malaysia as an acknowledge of receipt) 

 

 

Once the respondent (your irresponsible installer) received the form, he or she should be aware that you have filed a tribunal claim against him or her. The Secretary or Assistant Secretary to the Tribunal will issue a notice in Form 4 stating the date, place and time of hearing and thereafter serve the notice of hearing on both you and the respondent, not less than 14 days before the date of hearing. Please make sure that you apply for Working Annual Leave after you have obtained the hearing date.

 

 

 

WHAT HAPPENS IF MY RESPONDENT DISPUTE THE CLAIM ?

Where the respondent being duly served with the sealed Form 1 disputes the claim, he or she must file in a defence or counterclaim in Form 2. Form 2 is given free of charge and can be obtained from the nearest Tribunal Office.

 

Form 2 must be filed in 4 copies at the same Tribunal Office where Form 1 was filed within 14 days after the receipt of Form 1 by the respondent. The respondent will have to fill in the particulars as to why he or she disputes the claim. Form 2 must be signed by the respondent personally. Form 2 must then be filed in the Tribunal Office and he or she has to pay RM10.00 for filing fee. An official receipt will be issued to the respondent.

 

The Secretary or Assistant Secretary will put the seal of the Tribunal on the 4 copies of the Form 2 and shall cause the form to be registered, dated and signed. 2 copies of the Form 2 will be returned to the respondent.

 

The respondent will then serve a copy of the sealed Form 2 to you by :

 

in the case of individual

  • leaving the document with you
  • tendering the document to you or
  • posting the document in a prepaid registered letter addressed to your last known address 

 

in the case of a company or firm

  • leaving the document with the director, manager, secretary or other similar officer of the company or the proprietor of the firm
  • tendering the document to any of the persons mentioned above or
  • posting the document in a prepaid 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

 

This situation does exist among irresponsible and recklessly STUBBORN NGV installers. This is what you should do before taking any action with Malaysian Consumer Tribunal (refer to 'How to Win Against Your Irresponsible Installer'):

 

(a) You need to go another installer for a problem diagnostic;

 

(b) Take digital pictures (camera) as pictorial evidence for the Consumer Tribunal to see and understand your complaints (providing physical evidence that the conversion has not been done in accordiance to SIRIM MS1096:1997);

 

(c) Next, go to Your Car Original Service Center (Toyota at Toyota Services, etc) to get a check-up on the petrol engine and its condition. You can obtain a service report on the engine and its problem, caused or not caused by NGV conversion.

 

During your evidence gathering, your irresponsible installer will be thinking that you have gave up on claiming from him/her over the poor workmanship. In fact, you have disappeared to prepare a factual legal sue against him/her based on technical reports and pictorial evidence. These evidences are sufficient enough to make most irresponsible installer to SETTLE OUT OF TRIBUNAL, before any  action is taken. They know their chances of winning is low or impossible. His/Her counterclaim will be made almost impossible as there are factual evidence, and it is wiser for him/her to resolve your problem quietly (without any legal sue brought against him/her).

 

 

 

 

DO I HAVE TO DO ANYTHING IF I DO NOT ADMIT THE RESPONDENT'S COUNTERCLAIM IN FORM 2 ?

Yes. Where you have been duly served with Form 2 and there is a counterclaim and that you dispute the claim, you must file in your defence in Form 3. Form 3 is given free of charge and can be obtained from the nearest Tribunal Office. You must state the particulars as to why you dispute the counterclaim in Form 3. Thereafter, you have to sign the form personally.

 

You should then file in the form in 4 copies in the Tribunal Office and pay a filing fee of RM10.00. An official receipt will be issued. The Secretary or Assistant Secretary to the Tribunal shall cause 4 copies of Form 3 to be registered, dated, signed and sealed with the seal of the Tribunal and 2 sealed copies of Form 3 will be returned to you.

 

You shall then serve a copy of Form 3 on the respondent by :

in the case of individual

  • leaving the document with the respondent
  • tendering the document to the respondent or
  • posting the document in a prepaid registered letter addressed to the respondent's last known address (we recommend that you use Registered Post, through Post Malaysia as an acknowledge of receipt)  

 

in the case of a company or firm

  • leaving the document with the director, manager, secretary or other similar officer of the company or the proprietor of the firm.
  • tendering the document to any of the persons mentioned above or
  • posting the document in a prepaid 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 (we recommend that you use Registered Post, through Post Malaysia as an acknowledge of receipt) 

 

 

 

WHAT HAPPENS DURING THE HEARING OF A TRIBUNAL ?

 

Where a respondent (your irresponsible installer) is a company or a firm, it may be represented by its full time paid employee.

 

The hearing before the Tribunal shall be presided over by a member of the Tribunal sitting alone. Such member is also known as the President during such hearing and may at any time assist the parties in conducting their cases.

 

At the hearing, the Tribunal shall, where possible, assist the parties to effect the settlement of the claim by consent. Every party to a hearing before the Tribunal shall be entitled to adduce evidence, any witness or produce any document, or record or thing in support of its case. All hearing before the Tribunal shall be open to the public.

 

At the hearing the tribunal may make any one or more of the following awards :

 

  • that a party to the proceedings pay money to any other party (such as, repair claims by you, as repair down through other competent workshop on Petrol/NGV problem caused by your irresponsible NGV installer).

 

  • that goods be supplied or resupplied in accordant with the Consumer Protection Act 1999 or the contract to which the consumer is a party.

 

  • that goods supplied or resupplied to the consumer be replaced or repaired (such as, warranty of NGV system during warranty period, irregardless of the number of time on replacement or repair).

 

  • that the price or other consideration paid or supplied by the consumer or any other person be refunded to the consumer or that person (such as, in event of the NGV system being removed as well as payment on the repair cost before/after the NGV uninstallation)

 

  • that a party comply with the guarantee (such as, providing warranty on NGV system, including removal and re-installation of a new system in order to have a relable working NGV system).

 

  • that money be awarded to compensate for any loss or damage suffered by the claimant (such as, repair cost on engine damage due solely to poor workmanship during NGV installation).

 

  • that the contract be varied or set aside, wholly or in part.
  • that costs not exceeding RM$200.00 to or against any party be paid.
  • that interest be paid on any sum or monetary award at a rate not exceeding 8% per annum, unless it has been otherwise agreed between the parties
  • that the claim is dismissed

The Tribunal shall, where practicable, make its award within 60 days from the first day of the hearing before the Tribunal commence. Every agreed settlement recorded by the Tribunal and every award made by the Tribunal shall be final and binding on all parties to the proceedings.

 

Every award made by the Tribunal shall be deemed to be an order of a Magistrate's Court and be enforced accordingly by any party to the proceedings in a Magistrate's Court having jurisdiction in the place where the award was made.

 

 

 

WHAT SHOULD I DO IF A PERSON DOES NOT COMPLY WITH AN AWARD MADE BY THE TRIBUNAL ?

Where a person after 14 days fails to comply with an award made by the Tribunal, he or she has committed an offense and shall on conviction :

  • be liable to a fine not exceeding RM5,000.00 or to imprisonment for a term not exceeding 2 years or to both.

 

  • in the case of a continuing offense, the offender shall, in addition to the penalties above, be liable to a fine not exceeding RM1,000.00 for each day or part of a day during which the offense continues after conviction.

 

 

IN CONCLUSION

 

We strongly recommend that You should consider Malaysian Consumer Tribunal to obtain a 'Fair Judgement' against monetary claims on your Irresponsible NGV Installer. It is simple with only 1 form to fill up, and cost about RM10.00. In our experience, Malaysian Consumer Tribunal is fair and frequently sympathic to consumer plights, like your NGV Problem.

 

For taking this action, we recommended that you prepare a sure-win case against your Irresponsible Installer, through our topic of 'How to Win Against Irresponsible NGV Installers'.

 

 

 

 

 


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