DISSATISFIED CUSTOMERS AWARDED CLAIMS BY TRIBUNAL FOR CONSUMER CLAIMS

Dissatisfied customers awarded claims by Tribunal for Consumer Claims

KOTA KINABALU 17th July, 2012: The Tribunal for Consumer Claims Malaysia (TCCM) on Monday ordered a computer repair centre here to pay RM200 to a customer who reported his dissatisfaction on the condition of his computer that was left at the centre.

The decision was handed down by President of the Tribunal, Datuk Dr. Lawrence SH Thien, after hearing the complaint of the claimant, Selvina Kundian (the customer) in the absence of the vendor, V-Tec (computer repair centre).

Based on his statement of claim, Selvina said he sent his Compaq notebook computer for repair in October, 2011 because of faulty ‘motherboard’ and had before that asked the vendor for the cost of the repair.

“As at that time I did not have enough money to pay for the cost of repair quoted, I requested for my notebook computer to be kept in the shop without doing anything to it until I have enough money,” said Selvina.

During the time the notebook was kept in the computer repair centre, Selvina acknowledged that he had contacted the store to ask about the notebook computer and the staff confirmed that the computer was still there.

However, he said, when he went back to the centre to ask for the notebook computer to be repaired in April 2012, Selvina was shocked when informed by the staff at the service centre that his laptop had been thrown away.

In view of this, Selvina, who was dissatisfied, made a claim to the Tribunal for Consumer Claims. Once my claim was made, the computer repair centre called me and said that my notebook computer was still in their safekeeping and asked that I come and take it back,” he said.

Selvina said, he was again shocked when he found that not only was the ‘motherboard’ on the computer damaged but even the hard disk was also damaged. Accordingly, Selvina made a claim for damages amounting to RM500 to be granted to him to repair his notebook computer.

After hearing the explanation, Dr. Lawrence said, as there is no clear evidence on the extent of damage to his notebook computer and that he had made no payments, Selvina cannot make such claims. However, the company V-Tec was ordered to pay RM200 to Selvina being cost for initiating the claims proceedings.

Meanwhile, in another case the Tribunal ordered a travel company to refund the amount of money paid by their trainee agent.

Max Generation Sdn Bhd., was directed by the President of the Tribunal, Dr. Lawrence S H Thien to refund RM9,169 to Poedjo Soesilotomo, within 14 days from the date of the award.

The decision was awarded after hearing the explanation from the claimant, Poedjo in the absence of Max Generation Sdn Bhd., as the party defending the claim.

According to details of the claim, Poedjo, a financial planner aged 47, had registered with the company as an agent and paid RM9,169 on June 27, 2011 to attend course sessions to learn managing of tour packages.

“However, after attending the first session, I found the lesson was not clear and convincing much less to re-sell the tour packages offered.” In fact, there is a promotion which can be considered illogical where the original holiday package costing RM25,000 can be obtained for only RM800 if they possessed a voucher issued from the company,” said Poedjo.

In view of this, Poedjo cancelled his intention to become an agent of the company and asked for the money he paid upfront to be refunded. However, he said, he did not get a clear response when he called the company and when he went to the company’s office he found that it was closed.

“I understand that even though their offices are closed, they are still taking on trainees to become an agent,” he said.

In another separate case, Yan Yan Trading was ordered to payRM4,686.28 to Mohd Syazril Amli Karim and Latifah Ali for the losses incurred by them.

Syazril said he and his family felt cheated by the company, which was supposed to provide catering services and a wedding dais for the wedding reception of his brother on last May 5, for not providing the services rendered as promised.

”We have ordered six types of food for 500 guests, but what was offered was only three types of dishes for about 100 invited guests and some dishes were found in bad condition,” said Syazril and acknowledged by Latifah and his mother.

The complainants said they paid RM5,030 as deposit from the total amount of RM10,450 as originally quoted to Yan Yan Trading and refused to pay the balance because they felt cheated by the company.

In view of the explanation given, Dr. Lawrence handed down the decision that Yan Yan Trading pay RM 4,686.28 to Syazril and Latifah as a result of not fulfilling the services as promised and causing losses to the complainants.