Uptick seen in consumer claims

More Johor folk keen to file complaint with tribunal in hopes of being reimbursed

The number of people filing claims at the Consumer Claims Tribunal in Johor to resolve disputes, has been on a steady increase over the last three years.

Johor investment, trade, consumer affairs and human resources committee chairman Lee Ting Han said last year alone, there was a 23% increase to 754 cases compared with 612 cases in 2022.

He said the majority of disputes last year involved vehicles, electrical items, house renovations, and tour agencies.

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The tribunal operates under the Domestic Trade and Cost of Living Ministry (KPDN).

“Johor has four tribunals, namely in Johor Baru, Muar, Batu Pahat and Kluang,” he said.

He noted that busy months were usually from January to April.

Lee urges consumers to always be alert and careful when carrying out any transaction.

Lee said this was because tribunals had to try to settle all new cases within the same year or complete pending cases from the previous year.

He added that under Consumer Protection Act 1999 (Act 599), the maximum someone could claim was RM50,000 – usually for home renovations – while the minimum was 95sen, the price difference of a train ticket between Johor Baru and Woodlands in Singapore.

The Act aims to protect consumers from unfair business practices and ensure they are treated fairly in the marketplace.

When asked about reasons a claim could be thrown out, Lee said this was usually due to the dispute being outside the tribunal’s jurisdiction, both parties not attending the hearing, the claimant not being present during the hearing or the award form being rejected.

If an award was not honoured, he said the aggrieved party could file a complaint with the Johor KPDN enforcement unit, which would open a file and carry out an investigation.

“Once the enforcement team has taken statements from those involved, they can file a new claim at the Magistrate’s Court for a failure to comply with the tribunal’s order,” he explained.

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Lee said a claimant was also free to hire a lawyer to personally file the case in the Magistrate’s Court based on the tribunal’s earlier award.

He said it was challenging for tribunal presidents to ensure all rulings were based on existing laws and to reject claims which had no merit.

“We also have issues when there is lack of evidence submitted to the tribunal, which makes it difficult for a president to make a decision,” he said.

He added that presidents needed to be careful as well about ensuring that those filing a claim were not trying to make a profit from any party.

Lee urged consumers to always be alert and careful when carrying out any transaction, whether making a purchase or taking up any service, in person or online.

“Businesses also need to follow the law and not simply impose their own rules and regulations, which can result in future losses,” he said.

Lee said the role of a tribunal was to help consumers who felt cheated or had a problem with their purchases, to exercise their rights.

He said that a consumer could file a complaint at any time with the tribunal, but according to Section 99(2) of Consumer Protection Act 1999, any claim should be pursued within three years.

“If a consumer wants to file for a claim after three years, they can do so in a civil court within six years,” he said.

He added that people could also file a claim online via the tribunal’s website at ttpm.kpdn.gov.my