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 it is that there are some serious flaws 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 is in need of, 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.

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^st 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.

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 particular 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 particular 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 in order 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.

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 mail order then that product should comply with the description.

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 particular 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.

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.

What are my rights to seek Redressal against the supplier of the product?

If the particular 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 also 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.

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 considered to be 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.

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 particular 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 particular 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.

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.

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 particular 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.

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.

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.