tribunal cases. 2010 - 2012.
case 1.
as many of u know my 1st case that my mech had trashed my car. claimed rm5k, but was refered to lower Majistret Court in shah alam, did not win. - why? because im making a CLAIM, therefore they expect me to fork out RM5k 1st, with the repair reciept then make a claim from the other party. But for my case im claiming Rm5k from my mech in order to repair my car thats y i lost.
case 2.
mech stole my spark plugs. RM360 won the case.
i told them my plugs were swapped with those elcheapo ones rm5 per plug. My mech said he did not swap it, so the judge said that either 1 of us are lying. The judge then told both of us to make a police report & reminded us that if either 1 of us is lying (with the report done), the one found lying will be fined & jailed for 2 years (false statement), i agreed & hearing postponed to after lunch. I then proceed to the nearest balai......since the officer types too slow, i asked whether could i type the report myself, she was happy hahaa.....the mech then called me to settle outside, will pay me the amount but dun make the report i said ok.
but i dont trust the bugger, i still made the report, went back to the hearing & the mech did not show up. The judge was angry & knew that he was lying, judge then handed me the award after that. Later that evening, went to the wshop collected my money & went home.
case 3.
bought new blackberry for my wife but after 2 mth of usage, lcd problem, it was 2nd hand or reconditioned so got cheated, went to tribunal, rm499 - won the case, other party did not show up.
He wrote me a cheque later that evening.
case 4.
bought car battery (KIPS) from tesco, rm180 with 1 year warranty, after 6 mths of usage batt kong, went back to supplier, change for me a new one, 6 mths later kong again (just 1 week before the warranty expires), the supplier dont wanna claim for me as ive claimed once. Therefore went to tribunal, report the case to tesco & the supplier got scared, called me to settle outside, ask me how much i want....i could have claimed rm200++ inclusive of petrol & toll but i just want back my rm180 i paid for the batt. She wrote me a cheque & i went off, cancelled my tribunal case.
case 5.
bought a watch from city chain, rm600 with 1 year warranty. after 8 mths of usage, the 'second' hand popped out from its position, went back to city chain, they told me that it will take 4-6 mths to get repaired, i did not agree as the waiting time is too long, reported case to tribunal & on the day i wanted to hand over the letter to the manager, he apologised to me & will handle my case on 1 to 1 basis, will directly send my watch to singapore & will take 3 weeks to repair. i withdraw the case from tribunal. still on going.
above were my experienced with tribunal, so dont let those ppl out there cheat your hard earned $$$, tribunal is always there to help us out...if gores & menang diff case la....that 1 stupid consumer...ive heard many of this cases while at tribunal...everyone will laugh......
anyways,
here is the website.
Selamat Datang ke Portal TTPM
just register, once done file your report, RM5 only.....all the details required like company ROS number could be googled...dun worry.
remember to keep all reciepts, u could claim petrol + toll fees too.
better to make a police report to make your statement stronger & a better chance of winning.
but if the other party does not show up then u will automatically win the case. so do pray they dont turn up hehe...
then the officer will call u to print borang 1 & borang 2....how many copies....then need to hand over to the person/company u are filing, either by hand or AR register...if by hand u must get the reciepient name card (if can), sign & company chop anywhere...on a piece of paper also can...with the date & time.....try to snap a photo of the person if can le.....
if forgot this process nvm, just tell the judge on that day the reciepient refused to sign.....dun worry.
location KL. The Mall Shopping complex.
if your goin by LRT, stop at PWTC, just walk next door to The Mall, its at 16th floor if not sure ask the guard. Once at the floor turn left register at the counter, present your IC & head to the room, either room 1 or 2 (room location, once exit the lift turn right).
if your hearing is in the morning, 1st session 9am, prepare to wait 40-60 mins....till they start the session. If yours is the 1st ok la......if not better, u will hear some funny & interesting stories bout other ppls cases.
so good luck to those out there.
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 seminars recently. If you find this informative, please circulate. It was conducted by Associate Professor 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).
Please 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 costs RM5.00. The Tribunal will settle the case within 2 months' period.
Tribunal Tuntutan Pengguna Malaysia,
Tingkat 16, Putra Place,
100, Jalan Putra,
50622 KUALA LUMPUR
case 1.
as many of u know my 1st case that my mech had trashed my car. claimed rm5k, but was refered to lower Majistret Court in shah alam, did not win. - why? because im making a CLAIM, therefore they expect me to fork out RM5k 1st, with the repair reciept then make a claim from the other party. But for my case im claiming Rm5k from my mech in order to repair my car thats y i lost.
case 2.
mech stole my spark plugs. RM360 won the case.
i told them my plugs were swapped with those elcheapo ones rm5 per plug. My mech said he did not swap it, so the judge said that either 1 of us are lying. The judge then told both of us to make a police report & reminded us that if either 1 of us is lying (with the report done), the one found lying will be fined & jailed for 2 years (false statement), i agreed & hearing postponed to after lunch. I then proceed to the nearest balai......since the officer types too slow, i asked whether could i type the report myself, she was happy hahaa.....the mech then called me to settle outside, will pay me the amount but dun make the report i said ok.
but i dont trust the bugger, i still made the report, went back to the hearing & the mech did not show up. The judge was angry & knew that he was lying, judge then handed me the award after that. Later that evening, went to the wshop collected my money & went home.
case 3.
bought new blackberry for my wife but after 2 mth of usage, lcd problem, it was 2nd hand or reconditioned so got cheated, went to tribunal, rm499 - won the case, other party did not show up.
He wrote me a cheque later that evening.
case 4.
bought car battery (KIPS) from tesco, rm180 with 1 year warranty, after 6 mths of usage batt kong, went back to supplier, change for me a new one, 6 mths later kong again (just 1 week before the warranty expires), the supplier dont wanna claim for me as ive claimed once. Therefore went to tribunal, report the case to tesco & the supplier got scared, called me to settle outside, ask me how much i want....i could have claimed rm200++ inclusive of petrol & toll but i just want back my rm180 i paid for the batt. She wrote me a cheque & i went off, cancelled my tribunal case.
case 5.
bought a watch from city chain, rm600 with 1 year warranty. after 8 mths of usage, the 'second' hand popped out from its position, went back to city chain, they told me that it will take 4-6 mths to get repaired, i did not agree as the waiting time is too long, reported case to tribunal & on the day i wanted to hand over the letter to the manager, he apologised to me & will handle my case on 1 to 1 basis, will directly send my watch to singapore & will take 3 weeks to repair. i withdraw the case from tribunal. still on going.
above were my experienced with tribunal, so dont let those ppl out there cheat your hard earned $$$, tribunal is always there to help us out...if gores & menang diff case la....that 1 stupid consumer...ive heard many of this cases while at tribunal...everyone will laugh......
anyways,
here is the website.
Selamat Datang ke Portal TTPM
just register, once done file your report, RM5 only.....all the details required like company ROS number could be googled...dun worry.
remember to keep all reciepts, u could claim petrol + toll fees too.
better to make a police report to make your statement stronger & a better chance of winning.
but if the other party does not show up then u will automatically win the case. so do pray they dont turn up hehe...
then the officer will call u to print borang 1 & borang 2....how many copies....then need to hand over to the person/company u are filing, either by hand or AR register...if by hand u must get the reciepient name card (if can), sign & company chop anywhere...on a piece of paper also can...with the date & time.....try to snap a photo of the person if can le.....
if forgot this process nvm, just tell the judge on that day the reciepient refused to sign.....dun worry.
location KL. The Mall Shopping complex.
if your goin by LRT, stop at PWTC, just walk next door to The Mall, its at 16th floor if not sure ask the guard. Once at the floor turn left register at the counter, present your IC & head to the room, either room 1 or 2 (room location, once exit the lift turn right).
if your hearing is in the morning, 1st session 9am, prepare to wait 40-60 mins....till they start the session. If yours is the 1st ok la......if not better, u will hear some funny & interesting stories bout other ppls cases.
so good luck to those out there.
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 seminars recently. If you find this informative, please circulate. It was conducted by Associate Professor 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).
Please 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 costs RM5.00. The Tribunal will settle the case within 2 months' period.
Tribunal Tuntutan Pengguna Malaysia,
Tingkat 16, Putra Place,
100, Jalan Putra,
50622 KUALA LUMPUR
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