Few weeks ago, I have received a call from my ex-colleague, Ms Ling. She brought some skin care products from a well known beauty center in KL. After applying the products, she found that her facial problem was worse than before. She asked how could her get refund for her money. the total sum involves is about RM2,000.
I told her there are 3 ways she can consider to take this issue further:
1. to write to the beauty center directly, stating her problems and make appointment to see them to discuss the issues further. Warning them that she will proceed to take legal action against them without further notice to them, should they ignore her letter.
Cost: This is the cheapest and most direct way.
Efficiency: AVERAGE as they may just ignore your letter. They may think that your claim is baseless and you may not be serious to carry out any further action. It would be good to be supported by a medical letter.
2. to engage a lawyer to issue a letter of demand for the refund.
Cost: A normal letter of demand will cost you about RM100 to RM200, depend on the complexity of the issue.
Efficiency: GOOD as they know you are serious about this complain and your basic of claim is more credible. This is because the claim is only made after consulting a lawyer. However, it is still not as good as the 3rd way as the beauty center may assume that you are unlikely to spend any more money to instruct your lawyer to proceed further. (after all the claim is only RM2,000.) The legal fees for taking this kind of matter to Magistrates’ Court may easily cost more then RM2,000.
3. to file a case by herself with the The Tribunal For Consumer Claims.
Cost: RM10 for filing of Form 1 (Statement of claim) and miscellaneous fees
Efficiency: Very GOOD. This is the most effective and cheapest way to claim for her refund. Before the tribunal, no parties are allowed to appoint lawyer to represent them, so no one is in disadvantage position. (Every thing is conducted in DIY manner)The award given is final and binding to the parties. Every award made by the Tribunal shall be deemed to be an order of a Magistrates’ 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.
Any person who after 14 days fails to comply with an award made by the Tribunal will be liable to a fine not exceeding RM5,000 or to imprisonment for a term not exceeding 2 years or to both (scary) ;in the case of a continuing offence, the offender shall, in addition to the penalties above, be liable to a fine not exceeding RM1,000 for each day or part of a day during which the offence continues after conviction.
Therefore, if you have claims (only certain claims) against your sellers and the amount involved is less than RM10,000. You may consider to lodge a claim in the Tribunal since the costs involved is low and the award is binding against both parties.
I will give more detail about The Tribunal For Consumer Claims, its jurisdiction and limitation, its function, where is it located, its contact and some useful websites in my next post.
4 responses so far ↓
1 Aica // May 20, 2008 at 1:07 pm
hi Eddie, hope you can advise me here cos i m having some problems with msia pharmacy enforcement dept. I ordered some cosmetics from overseas for personal use but they detained all saying tht i do not have license n they r not registered products. I am not aware of the rules even i did try checking at pos msia site n the customs site. Can they do that? It feels like they are trapping individual rather than enforcing the law. Also, i find that the number of items that i ordered n the amount they wrote in the detention letter does not tally. Do they have right to do anything with my goods while on detention w/o my knowledge? Do u think that i shud consult a lawyer? Thanks.
2 Eddie Law // May 20, 2008 at 10:31 pm
Aica, yes, I think you should get a lawyer to represent you and write to them. If possible, accompany you to meet the officer so that they will take your complaint seriously.
3 p // Jun 17, 2008 at 2:50 pm
Is that possible to get back deposit when we wish to cancell the purchase order from a warehouse? because we found that the product which they stated as discounted item(display unit) was easily higher than normal merchants outside.
4 Eddie Law // Jun 17, 2008 at 3:00 pm
P- well, i am not too sure about the fact of your case, but as far as I know, a deposit is meant to be a security of one’s performance. As such, if one party is not performing his obligation under a contract, the innocent party is entitled to forfeit the deposit paid.
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