Saturday, August 8, 2009

Contract Law In MALAYSIA - for consumer

A cut&paste posting from my email....sangat berguna untuk kita.

Dear All,

I concur this message about Tribunal court claims. To support this story, let me tell u guys about my experience two months ago.

I bought a robotic floor vacuum cleaner for slightly over rm1000 after believing the sales talk and seeing it perform live on the counter top. It seemed to do whatever was promised there and then. So, I got one for myself after that.

After trying it out for 4 days at home, I was totally dissapointed and fed-up with the unit in terms of performance output and convenience of use. So, I brought it back to the outlet in 1-Utamafor a refund. Of course their 1st reaction was to persuade you to exchange it for some other electrical appliances but I insisted on a refund only. They stood firm and refused my request. So, I did exactly like what was said in this e-mail, I told them that I will bring this issue to the Tribunal Tuntutan Pengguna Malaysia and file a court case against them. Immediately, the supervisor called his boss and after repeating the same speech to him myself throught the phone, he relented and gave me back my money in full.

So, guys n gals out there, know your rights and STAND BY IT! I did...and I got back my hard earned money - rm1000! -


Contract Law In MALAYSIA

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

This is something I like to share with you from one of my seminar recently. If you find this informative, pls circulate. It was conducted by A/P Catherine Tay on Legal issues in E-commerce.

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'.

The thing that I have learnt from her is that :

'As long as your good 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! What a relevation!!

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

Her advice? >From her own experience (and no less than 7 and all successful!) , she will threaten the merchant with four words: 'SEE YOU IN COURT!'

The court here refers to the Small Claims Tribunal 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!

She shared this with us because she felt that even educated people are cowed by such unfair wordings (which includes her jaded friends who are not lawyers).

Pls try not to let the merchant fleece you the next time you have a defective good. I know where to 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

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