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
- Lawyermnet – Tribunal
- Consumer Association Malaysia non-governmental consumers’ organization
- Federation of Malaysian Consumers Association (FOMCA) [Bahasa Malaysia | English] Clicking the English version doesn’t get any reaction at the time of writing. Some of the pages in the site are blank though.
- Online Consumer Community Portal lots of complaints and compliments from first-hand accounts
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.