Tribunal For Consumer Claims Malaysia
BACKGROUND OF THE TRIBUNAL
- The Tribunal for Consumer Claims Malaysia (TCCM) is an independent judicial body established under Section 85, Part XII of the Consumer Protection Act 1999 and came into force on 15 November 1999.
- Part XII of the Act contains 37 relating to Tribunal for Consumer Claims such as its membership, jurisdiction, proceedings, awards made by the Tribunal and other related matters.
OBJECTIVE OF TRIBUNAL
- The Tribunal for Consumer Claims Malaysia is an independent body established under the Consumer Protection Act 1999 with the primary function of hearing and determining claims lodged by consumers under the Consumer Protection Act 1999 and subject to the provisions of the Act.
- Before the establishment of the Tribunal, all disputes between consumers and the traders, suppliers or manufacturers of goods or the service providers is been brought to the civil courts which involved complicated procedures, high costs and time consuming. These are some of the reasons as to why the consumers were reluctant to pursue their claims against the irresponsible and unethical traders, suppliers, or manufacturers of goods or service providers, in civil courts, especially when the amount claimed is small, even though currently there exist Small Claims Courts in every state to hear claims not exceeding RM5,000.00.
- Understanding this situation, Tribunal for Consumer Claims Malaysia was established to provide an alternative channel apart from the civil courts for consumers to claim losses in respect of goods purchased or services acquired from traders or service providers in a SIMPLE, CHEAP and FAST manner.
MEMBERSHIP OF THE TRIBUNAL
Section 86 of the Act provides that the Tribunal shall consist of a Chairman and a Deputy Chairman who are the officers from the Judicial and Legal Service and not less than five other members of the Tribunal appointed by the Minister.
JURISDICTION OF THE TRIBUNAL
The Tribunal has the jurisdiction to hear:
- any claim in respect of any matter within its jurisdiction to hear as provided for under the Act;
- where the total amount claimed does not exceed RM25,000.00;
- any claim in respect of any goods or services for which no redress mechanism is provided for under any other written law; and
- a claim based on a cause of action which accrues within three years of the claim.
LIMITATION OF JURISDICTION
The Tribunal has NO jurisdiction to hear any claim: -
a. arising from personal injury or death;
b. for the recovery of land or any estate or interest in land;
c. dispute in respect of title of any land or estate or interest in land;
d. dispute concerning the entitlement of any person under a will or on any intestacy;
e. dispute on matter in respect of:-
ii. good will;
iii. trade secrets or other intellectual property ;
iv. any chose in action; and
f. where any other tribunal had been established under any other written law to hear and determine claims on matters which is the subject matter of such claim.
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Last Update : 30 July 2012