A. Introduction
Malaysia did not have specific
legislation governing unfair contract terms between businesses and consumers,
unlike the United Kingdom and other commonwealth countries such as Singapore until
the Consumer Protection (Amendment) Act 2010 introduced Part IIIA to the
Consumer Protection Act 1999 (??PA?? which has, to some extent, addressed this
lacuna.
B. Tribunal for Consumer Claims
For consumer claims of up to
RM10,000, Part XII of the CPA introduces an alternative redress forum called
the Tribunal for Consumer Claims. The Tribunal comprises a Chairperson and
Deputy appointed from among members of the Judicial and Legal Services and
other persons qualified for legal practice in the country.
While consumers are afforded a
cheaper and less time-consuming alternative to protect their rights, retailers
can only rely on the courts. The consumer centric aims of the CPA are laudable
from a consumer?? point of view but, from a larger perspective, shouldn??
retailers also have access to a similar forum if this allows for a cheaper and
quicker dispute resolution?
C. Conclusion
With the amendments to the CPA,
companies will need to review and revise the way they do business with
consumers. The revisions to the CPA are, arguably, broad enough to include
banks, airlines, cinemas and hypermarkets, to name a few. These amendments
certainly enhance the rights of consumers, but should they be extended to
include the rights of businesses, as in certain other countries? The answer,
perhaps, lies in where the risk should sit and whether the concept of ??aveat
emptor?? or buyer beware, should be revised for all buyers and not just
consumers.
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