Malaysia

Consumer’s
Rights
Mohd Qadafie Ibrahim
Overview

• Let’s begin by first defining who is a consumer, in fact the word consumer has a wide range
of definitions to the term, and it is also a very dominant term. However, the problem with is
within the term itself. In today’s world everyone can be considered as a consumer this is
because a consumer is a recipient of a particular product or service. A consumer is
someone that needs, currently using or has already used a certain product or service.

• In the sense of the product, the consumer is basically the one that buys or has agreed to
buy a particular product for a consideration which has already been paid or partly paid and
partly promised or is under any system of a deferred payment. As for the service, the
consumer is the person that makes use of or has already paid or promised or partly paid
and partly promised or is under any system of deferred payment.
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What is a Consumer Protection Act and why is it
necessary?
The Malaysian Consumer Protection Act 1999 (CPA) is an act that came into
effect on the 1 of October 1999. The act is basically a piece of legislation that
was enacted with the main purpose of the providing greater protection for all
the consumers. The provisions that are included in this act cover the areas
that have not been covered by existing laws. This act is very important
because it provides simple, inexpensive reprisal to the consumer’s grievances
and relief of a specific nature. So, under the Consumer Protection Act, the
aggrieved consumer may refer any of the disputes or the claim of less than
RM10, 000 to the established Consumer Tribunal.
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What rights do I have as a consumer?
• Under the Consumer Protection Act 1999, you have been granted
certain rights which cannot be taken away from you that are of
course notwithstanding conditions in any of the agreements that
you have signed. So as a consumer you have the right to all the
products and services of the daily basic needs that includes
housing, health, food, clothing and education.
• If the manufacturing processes, products or services that expose
your life and health to danger then you are also protected from that
as well. The Ministry of Domestic Trade and Consumer Affairs
will help to try and protect the consumers, for example they may
publish in the Gazette the list of products that they consider unsafe
to be sold and will then require the suppliers of the manufacturers
of that prohibited product to either be recalled, stop the sale of the
product along with the advertisements of it, reveal to the public of
the information regarding that product which makes it unsafe,
repair or replace the products or even have them refund the money
back to the purchasers.
• As consumer you will have the right to get the accurate as well
as precise facts about the products or services that you want to
use, so that you can make a wise choice.
• So, for you to be a smart consumer that can act in a responsible
way you will then need to be equipped with sufficient
information to make that choice. This means that the supplier or
the manufacturer are prohibited from using any form of false
misrepresentation and unfair claims, misleading and deceptive
conduct in trying to sell the product or service to you.
• You have to remember that no one will be able to force you to
buy or use a product or service. You will always have the
freedom in buying as well as assuring that the product or
service that you use is obtained through the right channels and
that is based on the right price. If due to the unfair practices
from the supplier or manufacturer, then you will have the right
to claim for damages.
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Basic Terms • “Guarantee”

• Guarantee is “an agreement assuming

• “Warranty”
• A warranty is usually a written guarantee
for a product, and it holds the maker of
the product responsible to repair or
replace a defective product or its parts.
responsibility to perform, execute, or
complete something and offering security
for that agreement.” It is a promise or an
assurance, especially one given in writing,
that attests to the quality or durability of a
product or service,

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When I purchase a product what are the implied guarantees that I
have been granted?
• After you have purchased a product
then you will have the right to own that
particular product. The product that you
have bought should be acceptable in
quality and so it should be reasonably
fit and suitable for all the purposes for
which the product should normally be
used, acceptable in appearance and
finish, free from the minor defect not to
mention it should also be durable and
safe.
• For example, if the product is sold by
description and it is through internet
then that product should comply with
the description.
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• When you are deciding to purchase a
product, you should make sure that
the quality of the product should
correspond with the demonstration
model or the sample you were shown
to. A product that you buy comes
with the implied guarantee as to the
price; this means that you should not
pay the manufacturer or the supplier
a price more than the reasonable
price of the product. However, you
should also take note that this
condition does not apply to the price
of the product that is to be decided by
any contract agreed to by the parties
or will be decided by the parties
concerned.
• Whether you have bought a local or
importer product, the supply of the
facilities for repairs and the supply of
the spare parts should be available for
a reasonable period after the product
has been sold. If, however the
manufacturer or the supplier informs
to the purchaser that the spare parts
and the repair facilities may not be
available then the implied guarantee
regarding the repairs and the spare
parts do not apply.
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What are the implied
guarantees for the service
provided?

• The service that is provided to the consumer should be of reasonable care and skill as well as of acceptable
standard. The consumer that is utilizing that particular service should not be liable to pay more than the
reasonable price unless the price needs to be determined by a contract between the two parties that is involved in
the transaction. The service that is provided must be suitable for its intended purpose, however you should also
take note that there are some exception where the consumer did not reply on the supplier’s judgment or skill, or
it is unreasonable for the consumer to rely on the supplier’s judgment or skill. If the time of completion of the
service has been already determined by the terms of the contract between the two parties, then there should be
no problem, however in normal circumstances the service should be meant to be completed with a reasonable
time.
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What are my rights to seek Redressal against the
supplier of the product?
If the product that you have purchased and used does not comply with that of the implied guarantee, you should not worry as such problems can
be easily solved. The first thing that you would need to is get the supplier to solve the problem for you within reasonable time. However, if
the supplier refuses to assist you in that matter than you can have it done elsewhere and then have the supplier pay for it. As a consumer you
will also have the right to reject the product and request for compensation if the major problem that is affecting your product cannot be
solved. The major problems that is being described here includes the product being not safe to use, unfit for the intended purpose, the product
is significantly different from that of the sample or the demonstration model and this also includes the situation where if a reasonable person
would have not purchased the product if they had known about the nature as well as the extent of the failure.

If you have found that the product to be a problem, then you can either choose to have a cash refund for the product or you can choose to have it
replaced for the same type and of similar value. So even if you have already rejected the product and the problem was rectified, as a consumer
you still have the rights to claim damages from the supplier or the manufacturer for the losses that you have suffered directly as a result from
the failure of that product.

However, you should take note that you are only able to reject the product if it is done within reasonable time. The reasonable time that is
mentioned here depends on how long the product was used for, the type of product that was used, how was it used as well as the amount of
usage that the product was put through before the defect became apparent. Another condition that may lose you the right to reject the product
is when the product has already been disposed off, destroyed or loss. So, make sure that when you have encountered problems with your
product, make sure that you are able to explain to the personnel regarding your problem so that they can help you better.
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What are my rights to seek Redressal against
the supplier of a service?
• If the supplier of a particular service fails to comply with the implied guarantee and the failure is a minor problem that
can be easily remedied, then you are advised to get the supplier to settle it within reasonable time. However, if the
supplier refuses to assist you in that matter, you can either choose to get the problem solved somewhere else and get the
supplier to pay for it or you can have the contract canceled. You may also cancel the contract or even ask the supplier to
pay for compensation if the failure of the service that is provided is of a substantial nature. In both of the cases you can
get the supplier to pay for the damages that you have loss or suffered as a direct result of the failure. However, there is
one condition where you many not seek the redressal against the supplier of that particular service.

• This is where the failure to comply with the implied guarantee which is due to misrepresentation made by a person
other than the supplier or a cause beyond that of human control. This means that you will not get the redress for not
complying with the implied guarantee of fitness for a particular purpose or time of the completion.

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What are my rights as a consumer against
manufacturers of a product?

• According to the Consumer Protection Act 1999, if the implied guarantee that includes quality, spare parts,
express guarantee, repairs and spare parts are not being met then you will have the right to redress against the
manufacturer. If that product does not comply with the implied guarantee, you will have the right to claim
damages for any of the loss or damage that is caused directly by the failure of the product to perform
properly and for the reduced value of the product. However, you should also take note that there are two
conditions where you will have no right to seek redressal against the manufacturer. This includes where the
quality of that product is not up to standard and if the product does not comply with the description that is
due to any fault or representation that is made by a person other than the manufacturer or that is due to the
circumstances that are beyond the human control which occurred when the product is no longer in the
manufacturer’s control. If you have experienced such problems that fall under the categories as mentioned,
then you will no right to redress against the manufacturer.

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What is the ideal advertising practices that a supplier or manufacturer
should adopt?

There are some instances where the manufacturer or the supplier is prohibited
from advertising free items, prizes or gifts that they have no intention of
supplying. In addition to that the price of the free items and the product or service
should not be more than that of the normal price and also in terms of quality and
quantity there should not be a reduction of the particular service or product.
Another thing which is prohibited is where the manufactures as well as the
supplier is advertising the products at a price which they have no intention of
selling at that particular price. If there is claim that the specific product is limited
than such a claim must be clearly include the maximum offer for the sale as well
as the detailed time period which the product would be available again.
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If the product that I bought is defective, then
who should be held liable for it?

A defective product can be defined as a product where the safety of it is

not help up to standard with that of a person that they are generally
entitled to. So the producer of the product of the person that holds
themselves out to be the producer of the product and the importer can
be considered as the people who may be held liable for any of the
damages that are caused wholly or partly by the defect in the product.
As a consumer you may claim for such damages either through the
Tribunal for Consumer Claims or they can choose the Civil Law Act
1956. Under the Consumer Protection Act 1999, a person shall be
prohibited from limiting or excluding their liability for any of the loss
or damage that has been caused by the defect that is found in the
product.
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How do I file a complaint?
Before any sort of problem arises, it is best advisable that you keep the receipt, the original warranty letters or
polices that regards to the guarantee, the date, the supplier’s name and the necessary letters of the reference
should be kept in a safe place. The practice should be continued constantly as the important information should
be needed to file for the complaint. However, before you file for the complaint it is best that you inform the
supplier immediately and try to solve the problem with the supplier first, but make sure that you bring along the
receipt or the proof of purchase to facilitate in the matter. Try to remain calm when you are talking to the shop
owner or the manager, making a scene will not get you anyway.

If the problem cannot be solved by the supplier, then you should make a formal complaint in writing. The letter
that you are writing to them should be precise, short, clear, and along with the letter you should enclosed
photocopied materials of all the necessary documents. Another thing that might help you in this situation is for
you to get evidence by asking around to see if there is anyone else that is facing the same problem as you. If there
is then you can compile all the necessary statistics and
data in order for you to prove the originality of your complaint.

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Continue
There may also be the need to refer to the specific laws that covers the complaint as the
excerpt of the suitable law can help support your complaint. It is advisable that you follow
up and write down every progress that you have made and make sure that it is in
chronological order. After some period and you feel that you have received no attention to
your complaint, then you can seek assistance or advice by contacting the Enforcement
Office or the Consumer Associations.

You will then have the repeat the same steps which are by submitting a complaint in
writing along with all the supporting documents to the Ministry of Domestic Trade and
Consumer Affairs, Consumer Affairs Division. In the complaint, it should have the relevant
information such as the address, name and the description of the complainant and the
opposite parties. There should also be the facts relating to the complaint that includes the
when and the where the situation arose and the type of relief that you are seeking.
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Product Warranties
Warranties in the legal sense are optional obligations of the seller, which
is why he – aka The Seller – can formulate them the way he wants.

These are usually terms that are expressly stated in the contract between
the seller and buyer. These terms can be made orally, in writing or by
way of advertisement. Therefore, any statement made by the seller
becomes an express warranty, especially if the buyer relies upon it to
purchase the product. The seller is legally obliged to fulfil warranties
should the buyer decide to claim for the warranties.

Some common examples of product warranties are such as limited, extended or lifetime warranty period, money
back or satisfaction guarantee, insurance coverage, etc.
The seller would also set out under what type of conditions the product can be returned, replaced or repaired,
and cases in which the seller would not be liable for. Consumers are advised to read the product warranties
carefully; Therefore, you have to ensure that the product is not tampered with, either by yourself or by anyone
else. Also, please do keep the warranty card and the receipt of purchase. This is to help the manufacturers keep
track of the product and to keep them informed of the expiry date of the warranty. 15
Product Guarantees
Guarantees are rights given to consumers under the law, and they are referred to as implied warranties. An
implied warranty assumes that there is an understanding of some sort of guarantee between buyer and seller.

Under implied warranties, the warranty is based upon the buyer’s reasonable expectations about the products.
When the warranty is breached, the seller must either repair, refund or replace the product. When a buyer
purchases a product, there is an implied warranty that the product must be of acceptable quality, unless the seller
makes it clear to the buyer that the product is sold on an “as is, whereas” basis or “with faults”.
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 Product liabilities

A product will be considered to be of acceptable quality

if it is: It is logical that a manufacturer should
Fit and suitable for all the purposes for which the product be made liable for defective products
is commonly used. because
Acceptable in appearance and finish, Free from minor
defects, safe and durable. (a) they manufacture the products and
(b) they have control over the quality
and safety of them.

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Thank You

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