TRIBUNAL FOR CONSUMER

CLAIMS MALAYSIA

GROUP
B

SMALL CLAIMS COURT

NOOR AZLIZA BT. A. AZIZ
PBS1411504
NADIMAH HILWAH BT MOHD SAIFUDDIN PBS1411610
INTAN ZUBAIDAH BTMOHAMAD HATTA PBS1411559
ROHAIDA BINTI ALI
PBS1411624
MERALDA ARDELIA
PBS1411576
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OBJECTIVES
THE OBJECTIVES OF THE STUDY IS
TO UNDERSTAND:
WHAT IS SMALL CLAIMS COURT
(SCC)
WHAT IS TRIBUNAL FOR CONSUMER
CLAIMS MALAYSIA (TCCM)
THE DIFFERENCES BETWEEN SCC
AND TCCM
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SMALL CLAIMS
COURT

WHAT ARE SMALL CLAIMS

SMALL CLAIM PROCEDURE (SCP) IS A LEGAL ACTION,
PROCEEDINGS?

WHICH IS SIMPLE AND COST RELATIVELY LOW TO

INITIATE
SCP IS WHEREAN INDIVIDUAL(NOT AGENT OR
COMPANY OR PERSON HOLDING POWER ATTORNEY OR
ETC) WANTS TO CLAIM FROM SOMEONE ELSE (DEBT)
USING COURT PROCEDURE, I.E. SUING IN COURT OF
LAW.
SCP IN MALAYSIA ARE HEARD IN THE MAGISTRATE
COURT, GOVERNED UNDER THE ORDER 54 SMALL
CLAIMS PROCEDURES OF THE SUBORDINATE COURTS
RULES 1980.
THE MAGISTRATE COURT WILL HANDLE DISPUTES
BETWEEN INDIVIDUALS OR AN INDIVIDUAL MAKING A
CLAIM AGAINST A BUSINESS.
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SMALL CLAIMS COURT

TheSCP of theMagistrates' Courtwas set up in1987to hear cases
when:

the party pursuing the claim is an individual and not a company (or an
agent or assignee of debts); and

the amount in dispute or the value of the subject matter of the claim
does not exceed RM5,000.00.

Examples of such claims include:

Refund of money paid for goods which turn out to be defective;

Refund of wages/salaries paid for work that has not been carried out;

Claims for commissions due, payment of services rendered, facilities

supplied, or repairs undertaken.
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PROCEDURE

BEFORE

FILING

AFTER

BEFORE
Plaintiff

Letter of Demand
Not reply
Defendant

Court

Reply

Accept

Counter-offer

FILING
Magistrate
Court
Form 198

Plaintiff

RM20

Form 198 sealed

by the Court
RM4

Form 199

Form 198 Writ for Small Claim Order

Form 199 Statement of Defense /
Counterclaim

Defendant

Out of
Court
Settlement

Hearing

Inform the
Magistrate

E-FILING
efiling.kehakiman.gov.my/eFiling#

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DEFENDANT ADMITS THE PLAINTIFFS

CLAIM
Defendant

RM4

Form 199

Magistrate Court
Officer

Plaintiff
Form 204
Form 204 Judgement Where Defendant Admits Claim
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DEFENDANT AGAINST THE PLAINTIFFS

CLAIM
Defendant

RM4

Form 199

Court

Judgement

Set Hearing
Date

Reach a
settlement

Defendant
Plaintiff
Finish

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DEFENDANT DEFEND AND COUNTERCLAIM

AGAINST THE PLAINTIFFS CLAIM
Defendant

RM24

Form 199

Magistrate Court
Officer

Plaintiff
Form 200
Defence to Counterclaim

Judgement

Court

RM4

Form 200

Hearing

Reach a
settlement

Finish
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NO RESPONSE FROM THE DEFENDANT

Form 201

Postponed the
Hearing Date

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ENFORCING THE JUDGEMENT

Not Adhere
Defendant

Plaintiff
Adhere
Form 208

Defendant

Magistrate Court
Officer
Not attend
Hearing

Instalments

Writ of
Seizures and
Sales

Arrest

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TRIBUNAL FOR
CONSUMER
CLAIMS MALAYSIA
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TRIBUNAL?
Board established under the law to make a
formal judgments on matter e.g. claim by
individual & dispute between consumer and
seller.

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INTRODUCTION
Tribunal Tuntutan Pengguna Malaysia (TTPM)
Independent Body
Established Under Section 85, Part XII of The
Consumer Protection Act 1999 (CPA 1999)
Operates Under The Ministry Of Domestic Trade, CoOperative And Consumerism
Came into operation on 15 November 1999

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FUNCTION & OBJECTIVE

FUNCTION
Hearing and determining claims filed by consumers
under the Consumer Protection Act 1999
OBJECTIVE
Alternative channel for consumer to file claims in an
easy, inexpensive and speedy manner
WHO IS CONSUMER?
A person who buys goods and services
for his
personal use/domestic use/household
purpose

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MEMBERSHIP OF TRIBUNAL
Section 86, CPA 1999:
A Chairman and a Deputy Chairman Officers from
the Judicial and Legal Service
Not less than five other members

Appointed by Minister of Domestic Trade, CoOperative and Consumerism.

Members hold the office for a term not exceeding 3
years

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ORGANIZATION CHART

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HEADQUARTERS
Tribunal for Consumer Claims Malaysia
Level 5, Podium 2, No. 13, Persiaran Perdana, Precint 2,
Federal Government Administrative Center,
62623, Putrajaya
Toll Free : 1-800-88-9811
General Line : 03 88825822
Fax No. : 03-88825831
https://ttpm.kpdnkk.gov.my
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OFFICE OF TRIBUNAL BRANCHES

PERLIS
PERLIS
Kangar
KEDAH
KEDAH
Alor Setar, Sungai Petani, Kulim,
Langkawi, Baling, Jitra
PULAU
PULAU PINANG
PINANG
Seberang Prai, Kepala Batas
PERAK
PERAK
Teluk Intan, Kuala Kangsar, Tapah,
Parit Buntar
SELANGOR
SELANGOR
Shah Alam, Kuala Selangor, Kuala Kubu
Baru, Batu Caves, Kajang, Petaling
Jaya, Sepang,
NEGERI
NEGERI SEMBILAN
SEMBILAN

JOHOR
JOHOR
Johor Bahru, Batu Pahat, Mersing,
Segamat, Kota Tinggi, Pontian
PAHANG
PAHANG
Kuantan, Temerloh, Raub, Jerantut,
Rompin, Bera
TERENGGANU
TERENGGANU
Kuala Terengganu, Kemaman, Besut,
Dungun
KELANTAN
KELANTAN
Kota Bharu, Kuala Krai, Pasir Mas,
Tanah Merah
SARAWAK
SARAWAK
Bintulu, Sibu, Sarikei, Kapit, Lawas
SABAH
SABAH

MELAKA
MELAKA

Kota Kinabalu, Tawau, Sandakan,

Keningau, Kudat, Lahad Datu, Beaufort,
Tuaran, Semporna
WILAYAH
WILAYAH PERSEKUTUAN
PERSEKUTUAN

Alor Gajah, MITC

Kuala Lumpur, Labuan

Seremban, Port Dickson, Kuala Pilah

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METHODS TO FILE A CLAIM

OFFICE

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METHODS TO FILE A CLAIM

E-Tribunal

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CLIENTS CHARTER
In order to provide excellent service to all clients,
Tribunal undertake:
Registered and official receipt issued on the same day
the claim is filed
Settled within 40 days
Heard and settle in a fair and just manner
All awards are issued and served on the same day that
the claim is heard
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TRIBUNALS JURISDICTION
To receive
Any claim provided under Section 85, Part XII (CPA 1999)
Any other matter prescribed by the Minister
Claim does not exceed RM25,000

) To determine an award

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TYPE OF CLAIMS
A consumer may lodge a claim arising from:
Misleading and sneaky conduct
i) Dubious or false marketing
ii) A verbal lie
Safety of goods and services
i) Products Instruction / Precaution
Right against a supplier/manufacturer in connection with
guarantee.
i) Price and charges dispute
ii) Product quality & performance
iii) Supply of goods
iv) Quality of Service

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CONSUMER CLAIM - 2012

Others; 12%
Electronic /Telecommunication; 36%
Clothing & Accessories; 11%
Electrical Appliances; 18%
Furniture; 23%

Total Claim: 5764

Source: NCCC Annual Report 2012

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CLAIM BY CATEGORY - 2013

Category

No. Of
Claim

Category

No. Of
Claim

Lucky Draw

606

Jewelries

16

Car

253

Watch

24

Mobile Phone

553

Toys

14

Electrical
Appliances

304

Fabric

Furniture

257

Pets

Computer

136

Stationery

Motorcycle
Cars Spare Part
Garments

Camera

64
113

Others
TOTAL CLAIM

6
17

964
3372

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Source: TPPM Website ( Claim Report Jan - Oct 2013)

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LIMITATION
No jurisdiction in the claim :a)
b)
c)
d)

Arising from personal injury or death

Title of land
Recovery of Estate
Dispute concerning
The entitlement of any person under a will or settlement
Goodwill
Intellectual property

The jurisdiction is limited to a claim which accrues within

three years.

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CONSUMER RESPONSIBILITY
Arm with knowledge of consumers rights
Portal 1MPB - http://www.1pengguna.com/

Ethical conduct
Avoid buying a imitation product
Buying a certified product (SIRIM)

QOSHE Section : 03-5544 6805 or

E-mail : Fauziaha@sirim.my

Faulty Product
Go back to the supplier and make a complaint
No respond, put it in writing to principal company
File a case with Tribunal

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FILING PROCEDURES
1

Claimant submit claim - Form 1 (4 copies).

Filed in the nearest office - Fee RM5
The Secretary shall registered, dated, signed and sealed
the form
2 copies will be returned (1 to be submitted to
Respondent)
Respondent will receive the sealed copy
Accept or dispute (File defense and counter claim
Form 2)

Filed Form 2 at the same Tribunals office

Within 14 days Filing Fee RM 5

Form 2 will be registered

2 copies will be returned (1 to be submitted to Claimant)

Form 3 to be submitted by claimant if dispute still arise

Or in the case of settlement : Notice of Discontinuance

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HEARING PROCEDURES
Notice in Form 4
<14 days

If the respondent is
a company/firm:
represented by full
time employee

No representative
(e.g:
advocate/solicitor)
s.108(2) of the Act

Hearing must be
presided by a
member of Tribunal:
President

If the claimant is a
minor/disabled:
represented by
friend/guardian

Every party must

attend and be heard
s.108(1) of the Act

All proceedings shall

be open to the public
s.109 of the Act

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AWARD OF TRIBUNAL
Award: 60 days from the first day of hearing
Lawful awards:
Paying money to another party
The goods supplied/resupplied according to contract
The goods are replaced/repaired
Comply with guarantee
Compensation for any loss/damage
Cost to another party is paid (<RM200.00)
Paying interest (<8% per annum)

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Redressal
of Service

36

CRIMINAL PENALTY FOR

NON COMPLIANCE OF
AWARD
Fine: <RM5,000
Imprisonment: <2 years
Or both
In the case of a continuing offence:
Offender Fine: <RM1,000/day

37

CONCLUSION
Utilizing the services of the Tribunal to protect their
interest and rights as consumers
Seeking redress against unscrupulous and unethical
traders and suppliers of goods
Tribunal continues to strive for greater awareness
among the general public

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COMPARISON
SMALL COURT CLAIM

TRIBUNAL FOR CONSUMER

CLAIM

Operation

Operates within ordinary court

mechanism

Within Tribunals jurisdiction.

Independent Body

Claim Limit

RM 5000

RM 25000

Party Involved

Claimant against individual

Claimant against business

Cost

Higher

Reasonable

Duration

Longer Process

Fast

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