Consumer’s rights

There’s an email circulating about consumer’s rights:

Legal Issue on Contract Law in Malaysia – Good for us to know

Do you notice that most of the time, the receipt / invoice you received from the merchant carries this exclusion clause or similarly worded statement: “Goods sold are not returnable” or “No refund once sold”.

Please remember that : “As long as your goods is purchased for home use and not for business (i.e. to be resold), the above exclusion clause is VOID.

That means, as long as the good is defective, regardless of what is worded, you CAN get back all your money spent . You do not have to accept a repair on the good or an exchange. You CAN ask for a refund. AND you are LEGALLY right and entitled to!

And most of the time the merchant will refuse to return you your money.

You can threaten the merchant with four words: “SEE YOU IN COURT!”

The court here refers to the Small Claims Tribunal Court. Any goods which is worth RM25,000 and below can apply to this Court.

However, you don’t have to tell them what court! All you have to pay is RM10 admin fee and the loser (the merchant) will have to refund you the money PLUS the admin fee!

I have seen that most educated people are cowed by such unfair wordings (which includes a few of my friends).

Pls try not to let the merchant fleece you the next time you have defective goods.

You can file this On the 16th floor of Putra Place (The Mall opposite Putra World Trade Centre) . The form cost RM5.00. The Tribunal will settle within 2 months period.

Tribunal Tuntutan Pengguna Malaysia,
Tingkat 16, Putra Place,
100, Jalan Putra,
50622 KUALA LUMPUR
Tel: 03 – 40492300 / 40424181 Fax: 03 – 40424259

The official website: http://tribunal.kpdnhep.gov.my [Bahasa Malaysia only]
Contoh-contoh kes tuntutan pengguna
You can register as a consumer to ask questions online under e-Tribunal. Registration is very easy and fast! 1 of the best forms from government (in terms of form web programming)!
Tribunal Tuntutan Pengguna Malaysia Locations around Malaysia

More:

So if the statement: “Goods sold are not returnable” or “No refund once sold” is not valid for home users, there should be a clause, as in: “Goods sold are not returnable, except for home users/non-business” or “No refund once sold, except for home users/non-business”.

How about the Consumer department in our government put up this “law” to companies operating in Malaysia? And check the operations?

Retail companies like G2000, Zara, MNG, Padini, etc put up the signage: No exchange or refund during sales.

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17 thoughts on “Consumer’s rights

  1. Thank you very much for the information. The tribunal for consumer claims are applicable to legal firms failed to provide/fullfil services as agreed.

  2. this is great piece of news!

    so for outlets like G2K and Padini that has stated those clause so should we go back to them the next day and show them THE LAW if we faces defect in our goods?

  3. Sulz, I’m surprised the government doesn’t publish the info as advertisement – it would certainly wake up a lot of consumers and companies! :)

    Retailshopper, it’s better to print out the info from the official webpages listed above like Tribunal Tuntutan Pengguna Malaysia & FOMCA. Not the forwarded email.

    TG & CSL, :)

    CW, I think consumers could try to ask for exchange/refund in G2K & Padini – some of their staffs are actually quite helpful. If they disallow, consumers can always complain to Shop Manager or the HQ of their offices or like Retailshopper said, print out the Tribunal claims to show them. Worst case solution would be to report it to Tribunal.

  4. Can I make a claim against Telecom Malaysia, for not providing
    streamyx service for 90 days, due to cables thefts. Though I understand and sympathise with Telecom, but I can neither shoulder their loss nor in a position to share their gains.

    On account of the obstruction, I was able to use the internet. Hence my English Lesson, which I had paid to the concerning institution was discontinued. My other interests and hobbies via the internet were also intrupted.

    Please let me know how to make the claim. Thanking you in anticipation.

  5. Hi, do you know where to lodge a complain on the bathroom leakeage on new house where warranty expired ? Since it’s expired the developer won’t do the repair for us anymore.

  6. hi, what if the goods is not defective, but after purchasing it , i decided that i only need 1 unit instead of 2 unit which i have paid, and receipt of purchase has been printed , can i ask for refund or return perhaps? there is no any exclusion clause on the receipt or anywhere in the shop and i have not step out from the shop yet.Pls advise…thanks

  7. I am from overseas, bought a leather bag from one of the branded store in KL. After a month used i noticed that the side of the handle cracked. I immediatedly called up the store and make a complaint. I told them that i can send the bag to the store on my next visit in the couple of months. Can i make a refund/ exchange from them? Pls advise thanks.

  8. that was really eye opening since we malaysians are quite ignorant about our consumer rights.. i also wanted some ideas and suggestions on how to check on ingredients stated on food products; if it;s true or not. for example some food products claim that it doesn;t contain trans fat and so on.. how do we check on the validity of that info? would appreciate some guide on that.. thanx

  9. i wait for 60 working days (Cancelled on 22/03/10 due date 15/06/2010) from Air Asia to refund the tax amount, but i get the feedback from AirAir is should take longer than 30-60 working days. Not fair and unreasonable to me since when i cancelled Air Asia told me is 30-60 working days.

  10. I wish to cancel a pigmentation treatment which I have paid via credit card amounted RM1K. I wish to ask for refund and I have not enjoy the treatment at all. The bank replied is OK to cancel from the merchant but the merchant refuse to pay back. As I know that the purchase was not meant for business and consumer has the right to ask for refund. Does it meant for service as well? Need urgent advice !!

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