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FAKULTI SAINS SOSIAL DAN KEMANUSIAAN
TITLE : CONSUMER RIGHTS
VIMALA DEVI A/P MARTHAM MUTHU
D20051023161
JEYA SUNDARI A/P KARPAYAH
D20061027289
NOR ASMIRAWATI BT MUHAMAD
D20061027360
VANITHA A/P VEERAPA
D 20061027325
KOMATHY A/P CHONGODAND20061027346
LECTURER : DR.STEFAN BUCHER
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1. INTRODUCTION
2. CONSUMER RIGHTS
RIGHT TO BASIC NEEDS
RIGHT TO SAFETY
RIGHT TO GET INFORMATION
RIGHT TO CHOICE
RIGHT TO REDRESS
RIGHT TO HEARD
RIGHT TO CONSUMER EDUCATION
RIGHT TO A HEALTHY SUSTAINABLE ENVIRONMENT
3. WHY THE CONSUMER NEEDS PROTECTION
4. THE FIVE CONSUMER RESPONSIBILITIES
5. POLICIES AND STRATEGIES OF THE ENFORCEMENT DIVISION6. COSUMER MOVEMENT
7. FOCUS ON SOME OF THE LEGISLATIONS ENFORCED BY THE
ENFORCEMENT DIVISION
8. HOW TO MAKE COMPLAINT ?
9. CONCLUSION
10. APPENDIX
11. BIBLIOGRAPHY
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First of all, we would like to express our greatest gratitude to these people for their
outstanding support, guidance, knowledge, and contributions throughout we have finished
write on report and presentation in this Consumer Education.
We would like to thank our lecturer, Dr.Stefan Bucher for his will to teach us, day
by day. We appreciate your cooperation and your time. Thank you.
Then, of course, we beloved family and friends, especially parents and our
classmate, who gave us continuous support to complete this for the sake of knowledge.
There are so many names on our mind that we cant say today, tomorrow well mention
your name. Thank you very much. Without you all, our project will not be complete.
THANK YOU.
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INTRODUCTION
Before the mid-twentieth century, consumers were without rights with regard to
their interaction with products and commercial producers. Consumers had little ground on
which to defend themselves against faulty or defective products, or against misleading or
deceptive advertising methods. By the 1950's, a movement called consumerism began to
gather a following, pushing for increased rights and legal protection against malicious
business practices. By the end of the decade, legal product liability had been established
in which an aggrieved party need only prove injury by use of a product, rather than bearing
the burden of proof of corporate negligence.
In 1962, President John F. Kennedy presented a speech to the United States
Congress in which he extolled four basic consumer rights, later called The Consumer Bill
of Rights. Consumer rights are now an integral part of our lives like a consumerist way of
life. They have been well documented and much talked about. We have all made use of
them at some point in our daily lives. Market resources and influences are growing by the
day and so is the awareness of one's consumer rights. These rights are well-defined and
there are agencies like the government, consumer courts and voluntary organisations that
work towards safeguarding them. While we all like to know about our rights and make full
use of them, consumer responsibility is an area which is still not demarcated and it is hard
to spell out all the responsibilities that a consumer is supposed to shoulder. In this report,
we will give an overview of the 8 consumer rights, their implications and significance for a
developing country like India, and also define the various aspects of consumer
responsibility.
There are fundamentally eight consumer rights which are universally acknowledged
by the global society. Ranging from basic needs to redress, they are essential elements of
human rights. In the 20th century, the presence and influence of the market grew
dramatically in consumer life. We began to purchase things from the market for a price.
Soon, mass production and industrial production came into being, giving the consumer
world an entirely new dimension. Have you ever wondered how much urban consumers
depend on the market for fulfillment of even their basic needs? This over-dependence on
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the market and the inherent profit motive in mass production and sales has given
manufacturers and dealers a good reason to exploit consumers. As a consumer, you would
know how market products are constantly under-weight, of inferior quality and do not
prescribe to quality standards specified by quality-control agencies. Consumers not only do
not get value for their money but also often have to suffer losses and inconvenience due to
market manipulations.
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CONSUMER RIGHTS
RIGHT TO BASIC NEEDS
The right to basic goods and services, which guarantee survival: adequate food, clothing,
shelter, health care, education and sanitation. Healthcare is a basic need essential to live. It
is your basic rights as an individual to have equitable access to medical care and medicine
for health and wellbeing. Therefore, it forms the fundamental responsibilities of
governments in every country to ensure that their people have equitable access to basic
medicine needs.
OUR SUGGESTION IS :
Prioritize needs.
Look for quality instead of quantity.
Be quality conscious, instead of being brand conscious.
Not engage in panic buying.
Be vigilant in demanding that basic commodities are available in the market in
times of crisis or calamity.
RIGHT TO SAFETY
The right to be protected against the marketing of goods or the provision of services that
are hazardous to health and life. Every consumer has the right to safe medication. All
medicines, whether its prescription drug or health supplements must not in anyway, bring
harm to consumers. In Malaysia, the Pharmaceutical Services Division of the Ministry of
Health strives to ensure that every single medicine sold in the market is safe for consumer
to use.
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OUR SUGGESTION IS :
Read all labels and product circulars before using a product.
Never hesitate to ask personnel when in doubt about a products effectiveness and
other issues.
Keep certain products out of childrens reach.
Ask for a sample or tester before buying products available only in large containers.
Be on guard regarding products media and other sources of advice have reported to
be hazardous.
RIGHT TO GET INFORMATION
The right to be protected against dishonest or misleading advertising or labeling.
And the right to be given the fact and information needed to make an informed choice.
Consumers have the right to be well-informed of the medicines they are taking. Healthcare
professionals and the labels on medicine products must inform consumers what kind of
medicines they are taking, what are the side effects, how to take their medicines, how
frequent to take it, and the stating precautionary health warnings. Consumers must be in a
position to select the most appropriate goods and services. This is possible only when they
have adequate factual information about the products available, their contents and quality.
Information of this kind can be provided only by the producer, who instead highlights only
the products supposed unique features. To a consumer, it can be very important to know
whether the amount of water in a tin of condensed milk is 15 per cent or 50 per cent, or
what is the difference in terms of Quality and price between filed milk(a description
found on milk tins) and non-filled milk.
What information should be disclosed and in what form? Its is only appropriate if
the basic characteristics of a product are described by its generic name, where products of a
certain type vary in quality, the label describes the distinguishing features, the products
ingredients and the physical contents inside a package are prominently stated on the label.
For instance, when we purchase a radio from a supermarket , we have the rights to
know its warranty period, how to operate and its usage. We must make sure whether the
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radio is functioning well before purchasing. We must know information regarding the radio
such as its special features, operating systems and nearest to refer when in problem.
Some times most lows are technical and complex. Many contractual documents,
such as a hire- purchase contract or an insurance proposal, contain phrases and expressions
which have technical meaning and which average consumer will not easily understand. It is
too much to expect an average consumer, with no legal training, to understand the
implications of the consequences of various types of misrepresentation or the distinction
between express and implied terms or the concept of duty of care. This position makes
consumers by and large ignorant of their rights.
The consumer, even where aware of the rights, is not willing to pursue them.
Unless the stakes are too high, a consumer would not generally resort to legal action
because of the awareness that legation involves time, money, and uncertainty of the
outcome. The court procedures are highly technical, time consuming, and often the errant
trader is better equipped, with money and resources, to engage lawyers specializing in
specific areas of law.
OUR SUGGESTION IS :
Read labels carefully to know a products use, content, number of pieces and proper
care, before buying.
Read and understand all provisions and fine prints before signing any document
like warranties or guarantees, credit terms or service contracts.
Read newspapers, buying guides, and magazines. Consult friends who have bought
a similar product before purchasing.
Write the company to obtain detailed information about a product.
Note the name and address of manufacturers.
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RIGHT TO CHOICE
The right to choose product and services at competitive prices with an assurance of
satisfactory quality. The right to choose is essentially a consumer's right to choose a safe
and healthy product of good quality over an unsafe or defective product. By doing so,
consumers can also influence healthy practices to be adopted by the market. It is also
important for consumers to have a variety of healthy choices and in medicines, consumers
have every right to choose and request for generic versions of their medicines from
healthcare providers.
Consumers have a right to be assured that they will have access to a variety of
goods and services at competitive prices, wherever possible. The right involves an
assurances that the distribution of goods and services is not monopolized, but is based on
fair competition so that consumer have opportunity to choose from a sufficient number of
alternatives at competitive price and quality. In such areas of economy where competition
is not workable or where a service is provided by government, consumers need an
assurances of satisfactory quality and service at fair prices.
In this case, we as consumer have rights to choose the products that we wanted
without any influence by competitor. For example in choosing educational program, since
there is varieties to choose from. We need to know enough information of all other
educational program and choose best one.
OUR SUGGESTION IS :
Specify what you really want.
Canvass prices before buying a product or signing a contract.
Read manuals or instructions carefully to determine which product would serve you
better.
Try product testers.
Scrutinize promos or special offers and compare them with regular-priced items.
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RIGHT TO REDRESS
The right to be compensated for misrepresentation, shoddy goods or unsatisfactory
services. The right to obtain redress is an important element given to protect consumer
interests. In Malaysia, redress mechanisms such as the Consumer Tribunal and legal courts
exist for consumers to gain redress and seek compensation for damages incurred.
OUR SUGGESTION IS :
Go back to the store and see the people at the Consumer Welfare Desk, in case you
bought a defective product.
Ask for a replacement, refund, or repair.
Proceed to the agency that has jurisdiction over your case if the manager or store
representative does not act on your complaint.
Take necessary documents like complaint letter and a copy of your receipt and
other documents vital for mediation or settlement.
Make sure you attend the mediation conference.
RIGHT TO HEARD
The right to be heard means that consumers should be allowed to voice their
opinions and grievances at appropriate channels e.g. health authorities. If you have been
cheated in the market place or deprived of the right quality of service, your complaint
should be heard and given due attention by the authorities. Consumers should also have a
right to voice their opinion when rules and regulations concerning them are being drafted.
This right has two aspects, first is a right to be assured that consumer interests will be given
due consideration in the formulation of economic and social policies, second is a right that
complaints or grievances will be heard and properly redressed and that adequate legalremedies will be available to the aggrieved consumer.
We facing a problem in education ministry, so we as a member of ministry, have
the rights to produce our opinion to the person in charge during discussion on overcoming
particular problem. The person in charge must take our opinion under consideration.
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OUR SUGGESTION IS :
Read newspapers, Internet sites and bulletin boards in private and government
offices for announcements of public hearings.
Take time to attend public hearings or meetings conducted in your area where
consumer issues are being discussed.
Be aware of how the consumer laws and regulations are being implemented in your
locality.
RIGHT TO CONSUMER EDUCATION
The right to acquire the knowledge and skills necessary to be an informed consumer.
Consumer education empowers consumers to exercise their consumer rights and is perhaps
the single most powerful tool for consumer protection. Consumer education is dynamic,
participatory and is mostly acquired by hands-on and practical experience. Consumer
education can be in the form of past experiences of consumers, information dissemination
by government agencies and NGOs, classroom teaching by teachers and informal lessons
by parents.
OUR SUGGESTION IS :
Scan newspapers, magazines, and other reading materials for articles or news bits
that educate consumers on how to get the best value for money.
Involve yourself in public hearings or meetings held in your area to discuss
consumer-related issues.
Participating in seminars, conferences, and forums regarding new laws and
regulations for consumer welfare.
RIGHT TO A HEALTHY SUSTAINABLE ENVIRONMENT
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The right to live and work in an environment which is neither threading nor dangerous and
which permit a life of dignity and well being. The need for environmental conservation is
seen as a necessary defense against deteriorating quality of life world-wide. As certain
medicines are poisons, their disposal must be carefully and safely done so that it would not
cause any significant harm to the surrounding living environment. Polluted environments
lead to increased health costs and discomfort for consumers. Valuable resources are lost
due to polluted environment and living conditions. Consumers need to understand that only
a safe environment can ensure the fulfillment of their consumer rights.
OUR SUGGESTION IS :
Be aware of the kind of pollution occurring in your locality like air and noise/odorpollution, etc. so that you would be able to address the problem.
Do your share in caring for the environment by practicing guidelines for
environmental protection.
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WHY THE CONSUMER NEEDS PROTECTION
POOR BARGAINING POSITION
The fast developing industrial technologies and design and the increasing
competition among producers have resulted in mass production of new and innovative
consumers goods. The consumers is confronted with a huge and constantly changing array
of goods. Many goods such as food, drugs and cosmetics are finished products ready to be
used and many are sold in cans or otherwise packaged so that consumers cannot see them
until they are used. Many goods are such the purposes and benefits of which cannot be
ascertained by average consumer. Many articles, such as cameras, computers, television
sets, home entertainment equipments, microwaves ovens, magnetic tapes, and many similar
products involving intricate technology are so complex that an average buyer has no means
to distinguish between two products made by different producers or between two models
marketed by the same producer.
Products are often sold by traders using misrepresentation, high pressure
salesmanship, deceptive packaging, inadequate warranties and credit term that disguise
their true costs. In their effort to attract buyers, marketers make believable claims regarding
performance and reliability, yet many products do not come up to the expectation of the
buyer. Producers and suppliers use unhealthy business practices, try to monopolise
production or supply, kill off competition, and determine the price of a product of service
the way it suits them. Most business are well-organised and traders devote full time to their
business in order to make it profitable. Marketing of goods and services are in many cases
conducted on an organised basis and by business executives and sales personnel trained in
the art of selling products. In the absence of any matching training or time to devote on
purchasing decisions, the consumers remains in a weaker position susceptible to easy
exploitation.
In many consumer transactions, such as credit sale, hire-purchase, insurance, or
housing agreements, the supplier of services is in a far stronger bargaining position as
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never used it before or because the product has been introduced for the first time. Or a
previous unhappy experience with a similar product may involve a risk of repeating the
mistake. Whether, for instance, a perfume is really good, or a microwave oven is safe or
emits radiation are crucial questions.
Consumers need information and protection so that buying decisions are wisely
made. A wide gap exits between the information the producer or supplier has about an
article and the information a consumer may have. The course of the past few decades has
seen a steady rise in the real income and purchasing power of most Malaysians. Most
individuals have far greater means of income, leisure time, and discretion to use income.
Many people have access to a variety of goods, are inclined to spend money outside fixed
categories of need satisfying goods and tend to experiment continually with new goods and
style. But the information an average consumer needs for using in product choices is in
most cases not available.
ADVERTISING PRATICES
Advertising is an important part of modern marketing system. The purpose of
advertising is to sell goods and services by securing acceptance or greater use of a product,educating prospective consumers about the benefits or merits of a products, brands or
model, informing prospective consumers about new products or changes in fashion and
trends, or establishing trade name, product image and goodwill.
In their efforts to influence consumers however many advertisers use misleading or
deceptive methods. Deceptive advertising may take place in a number of situations. A
claim about the quality or performance of a product may be completely false or
exaggerated. Or an advertisement may claim benefit of a products without providing any
clue for evaluation of the price as, for instance, 30 per cent reduction in the regular price
when the fact is that the seller has never sold the product before or no reduction has in fact
been effected.
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Advertising creates artificial needs by manipulating peoples motivational
impulses. Consumer are exposed daily to a variety of messages in newspapers, magazine,
and on radio, television, billboards and show cards, and these develop in the average
person a desire to acquire products and services which otherwise would not be needed.
Research in consumer behaviour suggests that people perceive advertised products to be of
higher value and show more willingness to buy them then unadvertised products. The
consumers capacity to make informed decisions is eroded by persuasive techniques
adopted by the advertiser. Often the choice of a product is determined not by its actual
characteristics but by its image as perceived by the consumer. Advertisers mix reality and
fantasy by creating a false image about a product that makes it difficult to draw a line
between what ones real needs are and careless buying. Advertising is a highly powerful
mechanism that affects thought process and purchasing decisions.
Much of todays advertising has the effect of distorting societys values and
priorities and placing overemphasis on the pursuit of material satisfaction. There is a
growing concern in Malaysia about the way some producers use unethical advertising
techniques so that their products sell. Whether a product is useful, safe and of good quality
is not important to many of them.
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THE FIVE CONSUMER RESPONSIBILITIES
While the 8 universal consumer rights fundamentally safeguards consumer welfare and
interest, consumers themselves also have an important role to play to ensure a healthy
social economic balance and sustainable progress.
1. CRITICAL AWARENESS
The responsibility to be more alert and questioning about the price and quality of goods
and services we use. Consumers must be careful and wary in selecting and purchasing
medicines especially for those who practice self-medication.
2. ACTION
The responsibility to assert ourselves and act to ensure that we get a fair deal. As long as
we remain as passive consumers, we will continue to be exploited. Ask your healthcare
professionals about your medications and take redressal actions if youre being cheated or
exploited.
3. SOCIAL CONCERNS
The responsibility to be aware of the impact of our consumption on other people, especiallydisadvantage or powerless groups whether in the local, national or international
community.
4. ENVIRONMENTAL AWARENESS
The responsibility to understand the environment consequences of our consumption.
Consumers should recognize their individual and social responsibility to conserve natural
resources and protect the earth for future generations. When disposing unused or expired
medicines, consumers must take proper care and measures so as not to pollute the
environment.
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5. SOLIDARITY
The responsibility to organize together as consumers to develop the strength and influence
to promote and protect our interest.
POLICIES AND STRATEGIES OF THE ENFORCEMENT DIVISION
It must be noted that the Government is committed to develop, strengthen and
maintain a strong consumer protection policy. The establishment of the Ministry of
Domestic Trade and Consumer Affairs is the testimony. Accordingly, the Division is
committed to protect consumer interests. The Division's philosophy of consumer protection
is to sustain economic efficiency and social justice taking into account:
i. the conflicting of interests between the consumers and the traders;
ii. the imbalances in economic power, bargaining power and education level between
the consumers and the traders where the consumers are at a disadvantage in the
market place;
iii. consumers should obtain optimum benefit from their limited economic resources;
iv. consumers should not be deprived of their basic rights, namely:
the right to basic necessities at reasonable price;
the right to safety;
the right to greater range of choice among products and services at reasonable
price;
the right to adequate information to enable them to make right choices according to
individual needs;
the right to adequate compensation and effective consumer redress;
the right to form consumer groups or organizations and the opportunity to present
their views in decision-making processes affecting them;
the right to consumer education; and
the right to safe and healthy environment.
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Traders should not be deprived of their basic rights, namely the right to profit with
social responsibility; and consumer protection measures should not be in any way a barrier
to the development of trade and industry but as a means to promote it.
In sustaining economic efficiency, the Division will intensify efforts to correct the
imbalances in the market place. Factors which cause market imperfections are identified,
corrected and prevented from recurring. In sustaining social justice, the Division will
intensify efforts to ensure both the consumers and traders are diligent and possess a high
sense of discipline and dedication in carrying out their responsibilities. In this respect, the
Division's policies and strategies are:
to solve comprehensively all issues within its jurisdictions which are affecting the
economic efficiency and social justice and those which are likely to affect them in
the future;
to facilitate the move towards a more resilient society, namely, a society that
accords due importance to social justice and strives to redistribute wealth fairly as
spelt out in Vision 2020.
With the hope that very soon the traders, on the one hand, deal fairly, honestly,
openly and decently with their customers where their right to reasonable profit is
acknowledged and respected, while on the other hand, the consumers are in a position to
control their own lives namely, able to make decisions and exercising choices based on
sufficient and accurate information; having real influence on matters which directly affect
them; having the right to basic necessities at reasonable price, healthy environment and
having access to effective redress mechanisms.
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COSUMER MOVEMENT.
The consumer movement is about 5 important things. Firstly, the consumer
movement is about people. People who are about society from a very special perspective, a
perspective that concerns every single human being, man, woman and child, the hawker,
the doctor, even the lawyer and politician. This perspective is about ourselves as consumers
about the food we eat, the drink we take, the medicines we use, the products and service
we get or don't get. It is also about those who try because the put profits before health, to
manipulate our behaviors against our self interest, through advertising and through the
power they have to impose deprivations on us. (A.H Ahmad Sarji :1978:48)
Secondly, the consumer movement is also about power. Power of the ordinary
people to organize themselves collectively to serve as a countervailing force to promote
and protect our interests as consumers to help us fight the violence, waste and manipulation
that characterize so many of our societies.(A.H Ahmad Sarji: 1978:48-49)
Thirdly, the consumer movement is also about human rights. Humans right about
the right to a decent life with dignity and the right to organize ourselves as consumers. In
particular, the consumer movement is about eight specific consumer rights. They are the
right to basic needs which means the right to basic goods and services which guarantee
survival. It includes adequate food, clothing, shelter, health care, education and sanitation.
(A.H Ahmad Sarji:1978:50)
The rights to safety which means the right to be protected against products,
production processes and services which are hazardous to health or life. It includes
concerns for consumers' long-term interests as well as their immediate requirements.
The right to be informed which means the right to make an informed choice ordecision. Consumers must be provided with adequate information enabling them to act
wisely and responsibly. They must also be protected from misleading or inaccurate
publicity material, whether included in advertising, labeling, and packaging or by other
means.
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The right to choose which means the right to have access to a variety of products
and services at competitive prices, and in the case of monopolies, to have an assurance of
satisfactory quality and service at a fair price.
The right to be heard which means the right to advocate consumers' interests with a
view to their receiving full and sympathetic consideration in the formulation and execution
of economic and other policies. It includes the right of representation in governmental and
other policy-making bodies well as in the development of products and services before they
are produced or set up.
The right to redress which means the right to a fair settlement of just claims. It
includes the right to receive compensation for misrepresentation of shoddy goods or
unsatisfactory services and the availability of acceptable forms of legal aid or redress for
small claims, where necessary.
The right to consumer education which means the right to acquire the knowledge
and skills to be an informed consumer throughout life. The right to consumer education
incorporates he right to the knowledge and skills needed for taking action to influence
factors which affect consumer decisions.
The right to a healthy environment which means the right to a physical environment
that will enhance the quality of life. It includes protection against environmental dangers
over which the individual has no control. It acknowledges the need to protect and improve
the environment for present and future generations.
Fourthly, the consumer movement in also about the environment. Environment
about a sustainable earth. We cannot just be concerned serving and protecting the insides of
our bodies, our "inner limits", but we also have to equally to be concerned with the "outer
limits" of mother-spaceship earth, a powerful complex and yet so fragile, an exploitable
structure that gives us the opportunity or a good life but which can be destroyed not by
people's needs but by people's greed, ignorance and carelessness.
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Fifthly, and lastly, the consumer movement is also about justice about the way in
which our political, legal and economic systems are organized to bring about a fair, a just
and equitable and rational basis to promote and protect the public interest.
THE CONSUMER MOVEMENT IN MALAYSIA
An occasion like this cannot be allowed to pass without some specific comments on
the consumer movement in Malaysia. Malaysia fortunately, has much to be proud of:
Firstly, we are one of the few countries to have a fully fledged Ministry dealing with
consumer affairs. The Malaysian government clearly takes consumer protection seriously.
Secondly, the framework for national, state and local consumer councils is also
quite rare. The vision of making consumer protection decentralized and participatory is
very good. It's a good new idea so it will take time to root but it is in the right direction.
Thirdly, consumer groups are uneven in their size and ability but we have a lively
scene. The Consumers' Association of Penang (CAP) is a world class citizens' movement
and there are several others that do very creditable work, particularly the consumer
associations in Selangor, Pahang and ERA Consumer in Ipoh. FOMCA, the Federation of
Malaysian Consumers Association, does the difficult job of liaison and coordination and if
you look around the third world countries and view its activities in that context, even
FOMCA is quote an achievement. Its recent selection as the NGO Research Centre, with
the support of the United Nations development Programme, gives it new opportunities and
challenges. (Shenoy, G V & Sulaiman, Mohamed :1994:119).
Fourthly, the school system is beginning to incorporate consumer education. We
need more books, more activity ideas, and more teachers who know how to develop this
but an important beginning has been made. Fifthly, the International Organisation ofConsumers Unions (IOCU) has its Asia Pacific office in Malaysia. It has provided training
and documentation services for many countries. We are also therefore, a regional leader
and can build on this role with advantage.
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To many groups in the Third World for whom just survival is victory, Malaysia is a
precious model of what can be done. A critical, constructive, humanistic and ecological
approach can be a constant source of guidance and inspiration for the rest of the world,
guidance and inspiration so badly needed in many countries where corrupt governments in
league with greedy business interests do not like to see a strong consumer movement
(unless, of course, they can run it themselves).
In many parts of the world, consumers are not able to exercise their rights or even
know they exist. The law should protect and promote these rights and sometimes even
more critical, the right to organize around them. But laws are only a reflection of the state
of our society a violent, corrupt, manipulative society will breed laws that serve it. Laws
can prevent and subvert justice and they can become a powerful instrument for systematicrepression. Laws do not mean justice, no do they imply automatic action. There must be
safeguards and the ultimate safeguard must be a critical, informed, active citizenry that is
rooted in strong, clear, humanistic and ecological principles that can provide a unifying
bond for our pluralistic society. To be active, informed, and critical involves commitment,
organization and courage. (Nagiah Ramasamy: 2008)
Consumers Association of Penang (CAP)
Consumer Association of Penang giving a voice to the little people. That is the
objective of the Consumers Association of Penang. And thats what we have been doing
since our establishment in 1970. CAP is a consumer organization with a difference.
Fighting for fair prices and good quality products and services is just one of our many
activities. Our main concern is ensuring the right of every consumer to basic needs such as
food, housing, health care, sanitation facilities, public transport, education and a clean
environment. We want to encourage within the people - especially the poor whose needs
often go unnoticed - the spirit and the confidence to represent their case to government, to
the public and to the private companies that oppress them.
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Objectives
To educate consumers, balance consumer needs and degree of protection and to
provide relevant consumer rights and entitlements.
To advice individual consumers and protect their rights.
To ensure prices of goods are fair and appropriate with relevance to its quality and
value.
To work with the existing laws in order to protect consumers interest and general
health.
To encourage the involvement of society and citizens (consumers) in the
consideration, standardization and basic provision of their rights.
To work towards ensuring production of high quality products. To study the fluctuations in the market with regards to the factors affecting it, and
to advice or make suggestions to the ministry and organizations involved in the business
and commercial sectors.
To carry out activities such as the publication of bulletins and ceiling price lists, as
well as forming market organizations and consumer clubs.
Section in CAP
Research Section
Has various subsections, each focusing on specific issues such as health and nutrition, food
and product safety, pharmaceuticals, basic needs, environmental problems, market
malpractices, finance, workers rights, unethical advertising practices, culture and lifestyle,
and issues related to women. Studies and surveys on these issues are carried out and
sometimes, tests are conducted to check the safety and quality of foodstuff and consumer
products.
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Community And Rural Section
Works with communities such as plantation workers, fishermen, farmers, rubber
smallholders, tenants and squatters, etc and helps them articulate problems related to their
livelihood and living conditions. Also provides them with basic consumer education on
issues such as food, nutrition and health. This is done through talks, discussions, house-to-
house counseling, slide shows and exhibitions.
Education Section
Provides consumer educaton for many groups, including school and college students,
teachers, women and youth groups, and religious organizations. Organizes seminars,
workshops, exhibitions and drama competitions on consumer issues. Attention is
particularly given to school students as they are the future parents and policy makers. The
section has helped to set up consumer clubs in more than 200 schools in Penang and other
states. Through its consumer education programmer, CAP hopes that a new generation of
conscious, concerned and committed citizens will emerge.
Complaints Section
Handles complaints from the public on all kinds of issues (e.g.: poor quality products and
services, food adulteration, tenancy problems). About 3,000-4,000 complaints are received
annually through the mail, by phone and personal visits from irate consumers.
Legal Section
Handles public interest cases and represents communities in need of legal assistance.
Works closely with the Complaints Section to provide legal advice to consumers and to
monitor laws that affect consumers.
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FOCUS ON SOME OF THE LEGISLATIONS ENFORCED BY THE
ENFORCEMENT DIVISION
The Price Control Act 1946
The legislation provides the Government with the necessary power to control the prices of
goods which includes the power:
to fix the maximum prices of the goods including second-hand goods either at
wholesale or retail level;
to fix the maximum charges for the delivery of the goods;
to fix the maximum charges for any services relating to the supply, repair,
maintenance, packing, carriage or storage of the goods; and
in relation to a hire purchase transaction of any goods, to fix the maximum charges
that may be made for the hire of the goods, the interest and the maximum total price
of the goods;
Obviously, this legislation is promulgated with the objective to enable the
Government to control the prices of goods by the forces of law. Rightly, such power shouldonly be exercised when other administrative measures are found to be ineffective in
combating excessive profiteerings or to ensure the stability of the prices of essential goods.
Currently, the power to fix the maximum price of goods conferred under this Act is
exercised only in respect of specific grades of rice. Administrative measures are taken
effectively in ensuring the stability the prices of other essential goods.
Section 3(1) of the Act provides the power to the Yang di Pertuan Agong to appoint
a Price Controller and a Deputy Price Controller for the purpose of the Act. In exercising
this power, the Yang di Pertuan Agong has appointed the Director and Deputy Director of
the Enforcement Division as Price Controller and Deputy Price Controller respectively.
Section 13(1) of the Act, confers the Price Controller, with the approval of the Minister, to
make Order requiring the manufacturers, importers, producers,wholesalers or retailers to
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prescribe marks or labels to be displayed on or in relation to any goods. In exercising this
power, the Price Controller, with the approval of the Minister, has made the following
Orders:
The Price Control (Indications of Prices by Retailer) Order 1993
This Order requires retailers to indicate the price on all goods displayed either for
sale or as sample of goods for sale at his business premises. The price indication shall be
the cash price of the goods in Malaysian Ringgit and shall be of such size and colour so
placed as to be sufficiently conspicuous to any person intending to purchase them. Where
the nature or size of the goods is such that it is not possible to affix labels, tags or marks on
them, it is sufficient for the retailer to display a price list indicating the designation of the
goods and their cash prices. In other cases, the Price Controller, with the approval of the
Minister, is given the power to exempt any goods from the requirement of the order subject
to such conditions as he may impose. For the purposes of this order, goods include all
chattels personal other than things in action and money.
The Price Control (Labelling by the Manufacturer, Importer, Producer or
Wholesaler) Order 1980
This order requires the manufacturer, importer, producer or wholesaler of pre
packed goods to indicate the following information on such goods:
the appropriate designation of the goods;
the minimum weight, quantity, amount or capacity of the goods in the wrapper, bag
or container, as the case may be, expressed in terms of metric unit;
the name and address of the manufacturer, producer or wholesaler as the case may
be and in the case of imported goods the name and address of the importer as well
as the country of origin of the goods;
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in the case of animal feed and fertilizer, the chemical composition, quantity or
proportion of the chemical composition in such animal feed and fertilizer. For
fertilizer mixtures, the sources and parts of the ingredients should be expressed in
hundred parts or percentage;
in the case of cement, the indication shall include a statement that the cement
conforms in substance to the standard specification of the cement of Malaysia;
in the case of powdered milk, the recommended retail price of the goods shall also
be indicated. For this purpose, recommended retail price means the price
recommended by the manufacturer, importer, producer or wholesaler for supply by
retail in the area where the goods are sold or offered for sale.
The purposes of this order are, firstly to ensure consumers are accessible to
adequate information to enable them to make right choices according to individual needs.
In other words they can compare the prices of the goods and able to know exactly what
they are buying. Secondly, the prices of goods could easily be monitored and this may
assist the authority in curbing excessive profiteerings AnyPerson who fails to comply with
this Act shall, on conviction be liable to a fine not exceeding RM15,000.00 or to
imprisonment for a term not exceeding two years or both for the first offence. For the
second and subsequent offence the penalty is a fine not exceeding RM25,000.00 or
imprisonment not exceeding five years or both. In the case of body corporate, the penalty is
a fine not exceeding RM25,000.00 for the first offence and a fine not exceeding
RM50,000.00 for the second and subsequent offence.
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The Control of Supplies Act 1961
The enforcement of this legislation serves to facilitate the production and
efficient distribution of essential goods to ensure the availability of supplies at reasonable
prices. The Act confers power to the Government to regulate, control or otherwise prohibit
the manufacture, the distribution, the sale and the storage of any goods.
In exercising the power conferred under this Act, the Government has declared
20 essential goods listed in Appendix B as "Controlled Articles" throughout the year while
25 other essential goods listed in Appendix C as "Controlled Articles" during festive
seasons. Any dealings in these essential items are subject to the provisions of the Act and
the directives of the Controller of Supplies. Basically, the provisions of the Act and any
directives of the Controller of Supplies relate to matters to ensure the availability of
supplies at all times and to prohibit any form of unethical marketings and sales practices
such as hoarding, refusal to sell and imposition of illegal conditions.
The Act also confers power to the Minister to make specific regulations for
stricter control of any "controlled articles". In exercising this power, the Control of
Supplies Regulation 1974 was made. Currently, 10 "controlled articles" listed in AppendixD are declared as "Scheduled Articles" under this Regulation. No person shall deal in any
of these articles unless under and in accordance with licence issued under the Regulation.
Failure to comply with any provision of the Control of Supplies Act 1961, the
Control of Supplies Regulation 1974 or any directive issued by the Controller is an offence
under the Act and on conviction shall be liable to a fine not exceeding RM15,000.00 or to
imprisonment for a term not exceeding two years or both for the first offence. For the
second and subsequent offence the penalty is a fine not exceeding RM25,000 or
imprisonment not exceeding five years. In the case of body corporate, the penalty is a fine
not exceeding RM25,000.00 for the first offence and a fine not exceeding RM50,000.00 for
the second and subsequent offence.
The Trade Descriptions Act 1972
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The Trade Descriptions Act 1972 is an Act to prohibit:
misdescription of goods provided in the course of trade or business;
false or misleading indication as to the price of goods in the course of trade or
business;
misleading statement as to any services, accommodation or facilities provided in
the course of trade or business;
false or misleading statement or indication relating to to protect the consumers from
being supplied with counterfeit products or products, services, accommodations and
facilities which are hazards to their health and safety;
The Act also confers power to the Minister :
to assign the definition of any expression used in relation to any goods;
to impose requirements for securing that goods are to be marked or accompanied
with specific information or instruction; and
to require specific information or instruction to be included in advertisement.
The enforcement of this Act serves:
to protect the consumers from being supplied with counterfeit product or products,
services, accomodations and facilities which are hazards to their health and safety;
protect the economic interests of the consumers;
to encourage high levels of ethical conduct for those engaged in the production and
distribution of goods and services;
to protect the consumers from false or misleading advertisements;
To protect the consumers from false or misleading information which would affect
their choices; and
to protect the economic interests of traders, namely against unfair competitions
including product counterfeitings and trademark infringements.
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The approach taken under this legislation in relation to trade descriptions are as
follows:
what constitutes a trade description is defined under section 4 of the Act. This
includes anyexpression or indication, in whatever manner used, in relation to the
nature or designation of the goods, quantity, size or gauge of the goods, method of
manufacture, production, processing or reconditioning of the goods, fitness for
purpose, strength, performance, behaviour or accuracy of the goods, place or date
of manufacture, production, processing or reconditioning of goods, other history
including previous ownership or use of the goods, the person who manufactured,
produced, processed or reconditioned the goods, any claim relating to the testing of
the goods by any person and the result thereof, any claim relating to the approval,
or conformity of the goods to any person, other quality of the goods and any other
physical characteristics of the goods;
any trade description which is false to a material degree is a false trade description.
The test whether a trade description is false or otherwise is on the layman. If he is
misled by the trade descriptions then that trade description is false;
any person who, in the course of trade or business, applies a false description to any
goods or supplies or offer to supply any goods to which a false trade description is
applied commits an offence under the Act. Exposing goods for supply or having
goods in possession for supply shall be deemed to offer them for supply.
The approach taken under this legislation in relation to the price indication is as
follows:
strict prohibition of any form of false price indications; and
regulating "cheap sales".
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In regulating "cheap sales", a subsidiary legislation namely, Trade Descriptions
(Cheap Sale Price) Regulation 1987 was made. The Regulation:
Defines "cheap sales price" as the price of goods which is indicated in any
manner to be less than the price at which the goods or goods of the same description were
previously supplied or offered to be supplied. A person is said to be offering to supply
goods at cheap sales price if he uses the expression "sale" or any other indication likely to
be understood as indicating that the goods are offered at a price less than the price at which
they were previously supplied or offered to be supplied; and regulates cheap sale
activities as follows:
a. no person shall supply or offer to supply goods at cheap sale price except with and
in accordance with a written approval. Such approval shall not exceed 4 times in any
calendar year;
b. an application for the approval of supply or offering to supply goods at cheap sale
price must be submitted to the Enforcement Division of the Ministry at least 30 days prior
to the date of the commencement of the supply or offer to supply goods at cheap sale price
and in the manner as set out in the Regulation;
c. the previously offered price and the cheap sale price of the goods shall be displayed
when supplying or offering to supply goods at cheap sale price. For this purpose, the
previously offered price means the lowest price at which the goods or goods of the same
description were supplied or offered to be suppliedon the same premises during the 30
days immediately prior to the date of commencement of the supply or offer to supply goods
at cheap sale price;
d. the written approval for the supply or offer to supply goods at cheap sale price shall
be prominently displayed at the business premises; and
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e. approvals for cheap sale shall not exceed 4 times in any calendar year and each
duration of cheap sale shall not exceed 30 days.
In prohibiting false or misleading statement as to services, accommodation,
facilities and the charges in respect thereof, the Act strictly prohibits any person from
making false or reckless statement or a statement which is likely to deceive or mislead any
person relating thereto. To prohibit trademark infringements and passing of section 16 of
the Act provides an avenue for the proprietor or registered user of a trademark or the owner
of a trade or other mark or get up for any goods or services to obtain redress. The High
Court may on application of such person make a Trade Description Order declaring that
infringing trademark or other mark or get up shall, for the purposes of the Act, be deemed
to be a false trade description.
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The following marking orders were also made by virtue of the power conferred under
the Act in the interest of the consumers:
Trade Description (Smoking Danger Warning) Order 1977 This Order prohibits any
person from supplying or offering to supply any cigarettes unless the warning
"AMARAN OLEH KERAJAAN MALAYSIA MEROKOK MEMBAHAYAKAN
KESIHATAN" is indicated on the packet or container of such cigarettes.
Trade Description (Marking of Food) Order 1975 This Order prohibits the supply
of Halal meat and offals unless it is marked by a label, tag or any other form of
marks indicating that such meat or offals are Halal. The Order also requires
uncooked meat or offals to be indicated as to whether they are fresh, chilled or
frozen.
Trade Description (Use of Expression Halal) Order 1975 The Order prohibits the
use of the expression "Halal", "Ditanggung Halal", "Makanan Islam" in relation to
foods unless:
a. the food is free from any parts or matter of an animal that a Muslim is prohibited by
Hukum Syarak to consume or that has not been slaughtered in accordance with Hukum
Syarak;
b. the food is free from any thing which is considered to be impure according to
Hukum Syarak;
c. the food has not been prepared, processed or manufactured using any instruments
that was not free from any thing impure according to Hukum Syarak; and
d. in the course of preparation, processing or storage, the food has not been in contact
with or close proximity to any foods that is considered impure according to Hukum Syarak.
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The Order also prohibits the use of any other expression relating to foods if such
expression indicating or likely to be understood as indicating the Muslim are permitted to
consume such foods unless the foods meet the definition "Halal". Failure to comply with
any provision of the Act or any Order or Regulation made thereunder is an offence under
the Act and on conviction shall beliable to a fine not exceeding RM100,000.00 or to
imprisonment for a term not exceeding three years or both for the first offence. For the
second and subsequent offence the penalty is a fine not exceeding RM200,000.00 or
imprisonment not exceeding six years or both. In the case of body corporate, the penalty is
a fine not exceeding RM250,000.00 for the first offence and a fine not exceeding
RM500,000.00 for the second and subsequent offence.
The Copyright Act 1987
Copyright is basically the system of economic and moral rights granted by law to
writer, composer and other creators of works of the mind as such rights do not subsist
otherwise than by virtue of a legislation. In this respect, the Copyright Act 1987 of
Malaysia specifies works of the mind which are eligible for copyright protection, the
qualification for copyright protection and the nature of copyright protection.
Works of the mind which are eligible for copyright protection under the Act are
literary works which include computer programs and compilation of computer programs,
musical works, artistic works which include the work of architecture, films, sound
recordings, broadcasts, published edition of the literary, artistic or musical work and
derivative works in the form of translations, adaptations, arrangements, collections and
other transformations of the above mentioned works.
The basic qualifications for copyright protection under the Act are firstly, the
works must be original in character and secondly, the work has been written down,
recorded or otherwise reduced to material form. Other qualifications for copyright
protection are listed under section 10 of the Act. In this respect, it must be noted that by
virtue of the power conferred under section 59A of the Act, the Minister, has by
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regulations, namely the Copyright (Application To Other Countries) Regulations 1990,
extended the application of the Act to works of Berne Convention countries on the
principle of giving national treatment to works created by the citizens of, or permanent
residents in such countries and works made or first published in such countries.
The nature of copyright protection provided under the Act is as follows:
Granting the exclusive rights to the authors of the works, namely:
a. in the case of a literary work, a musical work, an artistic work or a derivative work
thereof, a film or a sound recording, the exclusive rights to control in Malaysia the
reproduction in any material form, the performance, showing or playing to the public, the
broadcasting, the communication by cable; and the distribution of the copies of the work to
the public by sale, rental, lease, or lending of the whole works or a substantial part thereof;
b. in the case of broadcasting, the exclusive rights to control in Malaysia the
recording, the reproduction and the rebroadcasting of the whole or a substantial part of the
broadcast. It also includes the rights to control the performance, showing or playing to the
public in a place where an admission fee is charged of the whole or a substantial part of a
television broadcast either in its original form or in any way recognizably derived from the
original.
c. in the case of published edition of a literary, artistic or musical work, the exclusive
right to control in Malaysia the reproduction of the typo graphical arrangement of the
edition These exclusive rights are time-limited, transferable and and subject to exceptions.
They subsist on creation of the work and shall continue to subsist, generally, until 50 years
after the death of the author. The The copyright shall vest initially in the author and shall be
transferable by written assignment, testamentary disposition or by operation of law as
movable property;
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specifying matters which are are excluded from the exclusive rights to the authors
on the principle of fair dealing and of public interests as under sections 9(4), 9(5),
13(2), 15(2) and the proviso of section 14 of the Act. This includes the provisions
relating to establishment and functions of Copyright Tribunal as in Part V of the
Act;
specifying matters which are classified as copyright infringements which include
the procedures for redress. In this respect, copyright is infringed by any person who
does, or causes any person to do, without the licence of the owner of the copyright,
an act the doing of which is controlled by copyright under the Act. An infringement
of copyright shall be actionable at the suit of the owner of copyright.
specifying matters which constitute an offence under the Act as under section 41,
48 and 52 of the Act; and
specifying matters relating to enforcement of the Act which include matters relating
to the appointment of officers for the purpose of enforcement of the Act, the
enforcement procedures and the penalty that may be imposed on conviction for an
offence under the Act or regulations made thereunder.
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The Direct Sales Act 1993
The Direct Sales Act 1993 is a new legislation which came into force on I June
1993. The objective of the Act is to regulate door to door sales and mail order sale.
The Act classifies door to door sales and mail order sales as "direct sales". Two
approaches are taken to regulate direct sales under this Act. Firstly, the Act prohibits any
person from carrying on direct sales business unless the person is in possession of a valid
licence issued under the Act. Secondly, no person shall be licensed under the Act unless the
person is a company incorporated under the Companies Act 1965 and the scheme of direct
sale he is carrying on is not the type known as pyramid scheme where a participant receives
a reward or consideration based primarily on the number of other participants he manages
to induce to join the scheme. The volume or quantity of sales has little or no relevance in
computing the amount or value of such reward or consideration. For these purposes the
Act:
specifies procedures relating to the submission of application a licence to carry on
direct sales business processing of the application and the procedure of appeal;
confers power to make regulations on licensing procedure and other matters
relating thereto including the appointment of officers for carrying out functions
under the Act and imposing licensing conditions;
sets out the types of direct sale business and the manner of carrying on direct sale
business which are prohibited;
specifies offences under the Act and the enforcement procedure including the
power of officers to enter premises, to inspect and seize goods and documents and
to conduct investigations and prosecutions;
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empowers the Minister to exempt certain persons or classes of persons or certain
direct sale businesses from the provisions of the Act including setting out the
grounds which may be used in giving the exemption; and
specifies matters relating to form and contents of contract.
The Regulations namely the Direct Sales Regulations 1993 was made by virtue of
the powers conferred under the Act. These Regulations set out in detail the procedure of
submission of the application for a licence under the Act, procedure to be followed by an
aggrieved party in submission of an appeal relating to his application for a licence, the
manner in which door to door sales should be conducted, the code of ethics to be followed
by those engaged in direct sales and the maintenance of records.
By virtue of the power conferred under the Act the Minister exempts any individual
from all provisions of the Act if the business of direct sales he is to carry is only in respect
of goods or services of a value not exceeding RM50.00 per sale. The objectives of
regulating direct sales are to protect the consumers against unethical business practices
including aggressive sales techniques and to ensure the healthy growth of the direct sales
industry.
HOW TO MAKE COMPLAINT ?
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Consumers who want to make complaints are welcome to do so.
Download the complaint form and fill in all the particulars required. You should
state your complaint briefly but clearly, giving all the relevant information. We expect
consumers to have tried to resolve the complaint on their own. If you have not done this,
you should do it first. Many complaints can be settled this way. But if you have tried and
failed, tell us exactly what you had done.
Your complaint must be supported by relevant information, e.g. invoices, bills,
receipts, repair or service documents. Where you may not have such documents, e.g. if
your complaint is about a bus or taxi service, you must state the date, time location of
incident and most importantly the vehicle registration number.
The complaint form duly filled in and signed, together with clear photocopies of the
relevant documents, should be sent by e-mail to [email protected] post or fax to: The
Consumers Association of Penang, No. 10, Jalan Masjid Negeri, 11600 Penang. (Fax no.
04-8298109).
We endeavour to resolve consumers complaints, but do not guarantee that every
complaint can be resolved. There is also no time-frame for resolving complaints as their
nature and complexity vary. Sometimes after receiving a letter from us, the party
complained against may choose to deal directly with the complainant and resolve the
matter. If this happen the consumer must give his co-operation and inform us so that we
can close our file.
CONSUMERISM
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Consumer Association of Penang (CAP)
Ensures that the rights of every consumer to basic needs such as food, housing, health care,
sanitation, public transport, education and a clean environment.
10 Jalan Masjid Negeri
11600 Penang
Tel: 04 8299511
Fax: 04 8298109
Consumer's Association of Perlis
Aims to make the public aware of their rights and responsibilities as consumers and to
educate them to be good consumers through talks, seminars, workshops.
No 102, 2nd Floor
Persiaran Jubli Emas
01000 Kangar
Tel: 04 9764136
Fax: 04 9764136
Consumer's Association of Miri
Aims to make independent, authoritative and balanced assessments of consumer's needs
and the degree of consumer protection and assistance to be provided. Advises consumers
and protects their rights and interest in relation to quality, measure, value of goods and
services.
SWFI Center, 380
Jalan Jee Foh Utama, Krokop
98000 Miri
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Sarawak
Tel: 085 662193
Fax: 085 662193
Consumer's Association of Sabah and Labuan Federal Territory (CASH & LFT)
Aims to ensure the rights and responsibilities of consumers, and to advice consumers and
help solve their complaints relating to consumer issues.
Rumah 44, Lot 162, Jalan Pusat Pembangunan Masyarakat
Taman Sempelang-Sembulan
88855 Kota Kinabalu
Sabah
Tel: 088 234 616
Fax: 088 234616
Consumers International Regional Office for Asia and the Pacific
Presents people's concerns and initiatives for better health which includes traditional and
indigenous approaches, and reinforcing the principle of health as a broad, cross-cuting
issue.
250 Jalan Air Itam
10460 Penang
Tel: 04 2291396
Fax: 04 2286506
Education and Research Association for Consumers (ERA Consumer Malaysia)
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Educates consumers on basic consumer rights. Undertakes independent, authoritative and
balanced research on consumer needs, and educates consumers through information
dissemination.
No 24 Jln SS1/22A
47300 Petaling Jaya
Selangor Darul Ehsan
Tel: 03 78764648 / 78774741/ 78760520
Fax: 03 78730636
E-mail: [email protected]
Website: www.eraconsumer.org
Federation of Malaysian Consumers Associations (FOMCA)
Aims to strengthen the growth and spread of the organised consumer movement in
Malaysia, and resolve consumer issues and promote the rights of consumers. Promotes
through the purchasing power of consumers a 'need-oriented' development that will ensure
socio-economic justice and environmental quality of life for all.
No 8, Jalan SS 1/22A
47300 Petaling Jaya
Selangor
Tel: 03 7762009
Fax: 03 7771076
Email:[email protected]
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Kelantan Consumer's Association
Aims to defend and protect the rights of the consumer and to educate the public on
consumerism.
8 Tingkat 1, Bangunan Astaka
Stadium Sultan Mohd Ke-Empat
15200 Kota Bahru
Kelantan
Tel: 09 7444828
Fax: 097479798
Kinta Consumer Association Perak
Aims to protect consumers' legitimate interest and work for the adoption of laws to protect
consumer rights, education and environment. Works for the maintenance of standards and
quality in goods and services, and make recommendations to the Government pertaining to
consumer's rights.
No 1, Jalan Lumut
Lim Garden
30100 Ipoh
Perak
Tel: 05 5277898
Fax: 05 2552296
Muslim Consumers Association Malaysia
Implements quality standard for Islamic products.
No 33B-8-1, Villa Putera Condominium
Jalan Tun Ismail
50480 Kuala Lumpur
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Tel: 03 4045 7322
Fax: 03 4045 7323
Negeri Sembilan Consumer's Association
Aims to create awareness on consumer's rights and roles, handles compliants from
consumers, protects consumers from being cheated and educate consumers on ways to
control and overcome inflation.
No 28, Sim Garden
Jalan Dato Abdul Malik
70000 Seremban
Negeri Sembilan
Tel: 06 7628044
Fax: 06 7628044
Pahang Association of Consumers
Organises and unites consumers, collates and distributes information to consumers to
enable them to make informed decisions and ensures safe and adequate provision of
products, services and natural resources for all consumers.
P.O Box 273
2118 Jalan Sekilau 4
Off Jalan Haji Ahmad
25300 Kuantan
Pahang
Tel: 09 5145693
Fax: 09 5143307
Email:[email protected]
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Perak Consumers' Association
Aims to make independent, authoritative and balanced assessments of consumer needs and
the degree of consumer protection and assistance which ought to reasonably be provided.
Advises consumers and protects his/her legitimate interests and works for the adoption of
laws of a comprehensive nature to protect the private consumers interests and public health.
29A, Regat Dato' Mahmood
Off Jalan Pasir Puteh
31650 Ipoh
Perak
Tel: 05 253 4058
Fax: 05 242 6749
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CONCLUSION
As a conclusion we would like to tell that consumer rights are now an integral
part of our lives like a consumerist way of life. They have been well documented and much
talked about. We have all made use of them at some point in our daily lives. Market
resources and influences are growing by the day and so is the awareness of one's consumer
rights. These rights are well-defined and there are agencies like the government, consumer
courts and voluntary organizations that work towards safeguarding them. While we all like
to know about our rights and make full use of them, consumer responsibility is an area
which is still not demarcated and it is hard to spell out all the responsibilities that a
consumer is supposed to shoulder. As a consumer we must have a broad thinking to survive
in this world as a responsible consumer.
WE BORN AS A CONSUMER AND DIE AS A CONSUMER
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CONSUMER NEWS
EXAMPLES :
TOP FIVE TOUR AGENCY WITH HIGHER NUMBER OF COMPLAINTS
Top five tour agency with higher number of complaints
ANDALAS TRAVEL & TOURS SDN.BHD.
WWW BEST HOLIDAY SDN.BHD.
EXCELLENCE HOLIDAY SDN.BHD.
GOLDEN CENTURY TOURS & TRAVEL
MY EZY VACATION SERVICES (M) SDN.BHD.
Nature of complaints received:
1. Last minute cancellation
2. Misleading Advertisement
3. Hidden Charges
4. Lengthy period in returning cancelation deposits5. Change of Itinerary at Destination
6. Misrepresentation by agents at the selling point
7. Not satisfied with the overall package offered
PERODUA SERVICE CENTER
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Dear Sir / Mdm, I wish to enquire that do i have the right to ask for the compensate from peroduaservice center? What kind of compensate i can request from them ? The reason i make thiscomplaint is because i send my car "VIVA" to Perodua service center to check alignment andservice. My car was drove by the Technician for test drive and he hit my car to the lorry and now
my car is put in the workshop at Perodua. I hope that i can get the reply as soon as possible andwhat action i can do on it ? Thank you. Complainant
NCCC : The above complaint was sent to Perodua for immediate action and below is theresponse. Credit to Perodua customer service team from NCCC. Keep up the good workguys.
Good afternoon Mr. Darshan,
We are pleased to inform that our service centre has managed to settle the issue amicably with thecustomer in a meeting held at Perodua Ipoh1 Service Centre last Friday. Below are the solutions asagreed by both parties (in writing).
All cost of repairs inclusive of parts and labor amounting to RM3,675.70 is borne by the contractorGiulia Energy* as the party held responsible for the incident and to be paid cash to Perodua upon
the discharging of the said vehicle to the customer tentatively on Tuesday,15/7/08.
Compensation/goodwill of RM1,000.00 nett (after negotiation/final amount) for the 10 days loss ofuse, hardship and other necessary cost incurred and claimed by the customer/plaintive, paid by thecontractor Giulia Energy.( Payment made immediately to the customer/plaintive via Public Bank
cheque no 055732 dtd 11/7/08 amounting to RM1,000.00)
As for Perodua, we have given the assurance to the customer that all the necessary repair and
replacement of genuine parts and the quality of the materials and spray works are done accordingto the standard.
We have also given the assurance to the customer that their warranty terms and conditions of thevehicle and other mechanical and major parts such as the engine, gear box etc remains and follows
accordingly with their existing 3+1 warranty programme.
Note: Giulia Energy is our appointed in-house contractor for Perodua Ipoh1 Service Centre.
Hope that the above would be satisfactory at your end. Please let us know should you need furtherclarification.
Regards,Customer Relations Department
ASTRO, PLEASE IMPROVE YOUR BILLING SYSTEM
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My family was an Astro customer since many years ago.We have decided cancel this service andeffective since Nov2007. However, Astro still send bill to my house and urge my family to make the
payment.We have stop to pay this back on Apr2008. I call a numbers of call to Astro customer careto claim back the money they owe me. 3 months time, I\'d made more than 10 calls, almost 2 calls
a month and now 3-4 calls a week. the customer care agent promise me his/her manager or financepeople will call me back and tell me how to pay me back the 4 months bill I have extra paid.Hey
man, try imagine that I\'ve been waiting for 3 months and no action making by Astro still.
NCCC : This complaint has been forwarded to MCMC for immediate attention and action.
Dear MCMC,
Subscribers have to go through severe hassle just to deal with Astro customer service. I don't agreewith this kind of service. Astro customer service must improve. If previously subscribers were madeto pay RM10 penalty, I think Astro must also be made to pay compensation to the complainant forthe delay in performing a refund.
Can you imagine that this complainant has actually cancelled the service but his parents kept on
paying as they were receiving the bills. What is wrong with Astro billing systems? (I have actuallyinterviewed the complainant)
Points to Note :
1. "We have decided cancel this service and effective since Nov2007. However, Astro still send billto my house and urge my family to make the payment.
2. "I call a numbers of call to Astro customer care to claim back the money they owe me. 3 monthstime, I\'d made more than 10 calls, almost 2 calls a month and now 3-4 calls a week. the customercare agent promise me his/her manager or finance people will call me back and tell me how to pay
me back the 4 months bill I have extra paid"
3."Hey man, try imagine that I\'ve been waiting for 3 months and no action making by Astro still.
Thank you
Darshan SinghDirector-NCCC
"Treat Others The Way You Want Others To Treat You"
COMPLAINT ON PIZZA HUT SHORTCHANGING CUSTOMERS
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On 5th July 2008, at 21:30, my family and I had our dinner at Pizzahut Pandamaran, Klang. We
occassionally came to this restaurant because it is the nearest pizza hut to our place and mychildren like to eat pizza. However, there are two things that I want to highlight here based on my
visit this time.
First: I noticed that once the customers finished eating, the workers rushed to the table and cleanedup the dirty plates and tables for the next customers to seat. However, the way the workers cleanup the tables needs to be trained. This is because during the cleaning, they make a lot of noise
picking up and stacking the used plates and glasses in front of other customers. We as customersfeel very uncomfortable and annoyed with the noise.
Second: The second incident happened on the billing. That night we had sensasi delight set 8 plusother things which totaled up RM75.10. Upon checking the bill, I noticed that the restaurant hascharged me twice for the service charge and tax for the sensasi delight menu. The price promotedwas RM31.00 before tax and service charge; RM35.65 after tax and service charge. However, n the
bill it was charged at RM36.00 (extra 0.35)Including other orders the total bill was RM65.30.Surprisingly, I was charged once again for tax and service charge on this total where by right thosecharges should be on other menu only which prices were before tax and service charge.
When I asked the supervisor (I guess) who worn blue uniform, she told me that she can't do
anything because the cashier is already set up by the management. What?? Is this the way PizzaHut cheating its loyal customers? When I recalculated, I should pay only RM69.70. That night I paid
an extra of RM5.40. If 100 customers eat the same menu, Pizza Hut will get RM540 easily bycheating the customers. Most of the customers don't aware this because they don't bother to check
the bill. But the management of Pizza Hut must be honest to its customers.
It is our rights as customers to get clear clarification on this matter.
Thank you for your attention.
Yours,
Concerned Consumer
Ferry System Has To Be Restructured
Tuesday, 13 May 2008
Ferry services from Butterworth to Penang have been operating since 1984, making it the first
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and oldest passenger ferry in the country.
It is undeniable that in recent times, the facilities made available for ferry passenger have seen its
days, and may be unsuitable for further use. It remains a fact that since the collapse of the ferry
terminal on the 31st July 1988, no major alterations with reference to the comfort of ferry users
has been made.
Probes by CAP found that seats provided at ferry waiting areas at both terminals were badly
damaged, believed not to be an act of vandalism but the deterioration of low quality, flimsy
plastic chairs. It was also found that the number of seats made available were not sufficient,
especially during peaks hours where ferry passengers drove in large numbers. The crowd and
congestion is almost always unsettling.
Ceiling fans were another issue at ferry terminals, where poor maintenance has contributed to
badly functioning fans, some of which are hardly usable. The consequence this has on ferry users
gets more aggravating in the heat of the day and warmer months.
It also came to the attention of CAP that ferries which usually require 15-20 minutes for each
trip now took 25-30 minutes to cover that same distance. This delay causes passengers to be
caught in crowds and congestion at ferry terminals.
Although PPSB officials have attempted to upgrade the quality of ferry services with the
purchase of two new ferries at the end of 2002, yet the aim of better services with a total of 8
ferries was not quite achieved, as passengers still wait long for their ride.
This may be due to the fact that at peak hours, over 300 people utilize ferry services. When a
ferry arrives at the terminal and gates are opened to allow passengers in, the situation gets
uncontrollable and chaotic, with passengers pushing their way to board. The fright within them-
if this ferry is missed, the wait for the next one is over 30 minutes away.
The narrow exit passage of ferries also causes difficulties for passengers to leave ferries in an
orderly manner. Such rush often leads to pushing and shoving, which could cause accidents and
injuries. The inconsiderate attitude of attendants at the exit gates only make matters worse, as
they roughly shut gates without taking into account the safety of passengers. This may be
hazardous and deem ferry services unsuitable especially for pregnant women, the elderly and
young children.
Cap has adviced SPPP and PPSB to evaluate and discipline staff working on ferries and
terminals, so as to make them follow rules and stick to work ethics. Besides complaints on such
staffs which CAP has received, probes into the situation also revealed workers on ferries
smoking amidst the crowd while on duty, when in fact smoking rooms are reserved especially
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for these reasons.
Certain staffs were also found to be in untidy attire and incomplete uniforms, which not only
pollutes their image as workers but also that of PPSP. Name badges were not worn by many,
making it difficult to lodge complaints or take discipline action against them.
In addition to this, CAP found that when ferries operated in rainy weather, damages in roofs
gave way, causing leaks and seats to be wet. In this not a clear indication of the poor
maintenance of ferries?
The presence of rats on ferries is another disturbing concern, arising suspicion on the safety of
life jackets. There is no guarantee that life jackets were not bitten, causing it damages and
making it unfunctional. These life jackets were also found to be packed into plastic bags. Is it not
irrational, considering passengers will have to unwrap the packages before putting on jackets in
the occurrence of an emergency?
PPSB, which now operates 8 ferries has to device a suitable plan in managing with smaller,
faster boats to carry passengers. Improvisations need to be made to ferry schedules and
timetables, considering the entire year of 2006 saw 2,432,849 people utilizing ferry services, and
this figure is only expected to rise.
CAP also suggests that all existing ferries