Consumer Rights in Malaysia – do you know?

Being a consumer in Malaysia, most of us can’t really be bothered about our rights most of the time. If you ask them to fill in a form, they will complaint “aiyar, so much work I got no time”, then don’t complaint when you’re cheated.

Do you even know that we have this Laws of Malaysia – Act 599 Consumer Protection Act 1999?

Find the PDF document here

In what circumstances that I can Lodge a Report?

1. The goods you purchased is second hand or the seller did not inform you about the condition

For example, you made a purchase of a brand new dress online and when the dress came, the dress looks like it’s being worn and dirty.

10. (1) No person shall make a false or misleading representation …

(b) the goods have had a particular history or particular previous use;

2. The goods you purchased is not as advertised

For example, you saw the sample product from the store and when you purchase and open the box at home, the product is completely different or don’t look like the one you saw.

10. (1) No person shall make a false or misleading representation …

(a) the goods are of a particular kind, standard, quality, grade, quantity, composition, style or model;

3. The store refuse to honor the price that’s stated

Close up view of female hands, cashier ringing up merchandise in a clothing store, using a scanner to scan the price tag.

Do you know that store MUST display the price tag of products? And if they do, means it’s an “invitation to treat” which is inviting you as a consumer to make a purchase of the product. Depending on case by case basis, most of the time the shop/store must honor the price that they display.

Misleading indication as to price

12. (1) A person commits an offence— (a) if he gives to a consumer an indication which is misleading as to the price at which any goods or services are available; or (b) if an indication given by him to a consumer as to the price at which any goods or services are available becomes misleading and he fails to take reasonable steps to prevent the consumer from relying on the indication.

4. Misleading advertising

For example, ABC store is having their grand opening and they put up and ad and said first 50 people will get an iPhone for RM1000. You’re there being the first person, and when they open the store, they told you it’s sold out. This is call bait advertising, making the consumer head to the store but then they don’t have such things.

Bait advertising

13. (1) No person shall advertise for supply at a specified price goods or services which that person— (a) does not intend to offer for supply; or (b) does not have reasonable grounds for believing can be supplied,

5. Offering Free Gift without stating the limit

If they did a promotion and said free gift will be given, they will have to honor what they said. Like you see how Darlie always stick the sticker on the toothpaste which you can get a free cup. Most of the time I got my free cup, but there was someone who didn’t and Darlie really did posted the free cups to them.

Gifts, prizes, free offers, etc.

14. (1) No person shall offer any gift, prize or other free item— (a) with the intention of not providing it; or (b) with the intention of not providing it as offered.

6. Claimed that the goods are limited edition

Seller told you that this is limited edition whereby they only have 10pcs, manatau their store still got 100 pcs. Or they tell you things like this is the last piece you have to buy now, and your friend went back in just an hour all of them manage to buy more.

Claim that goods are limited

15. (1) No person shall, in supplying or offering to supply goods for sale to consumers, describe the goods as limited unless their edition, printing, minting, crafting or production is restricted to— (a) a pre-determined maximum quantity; or (b) the actual quantity ordered or subscribed to within a specified and reasonably short period of time.

7. Seller did not send out the product after making purchase

For example you’ve made an online purchase at Guardian and they’ve not ship your goods after the promised timeline which is around 5 working days. And even after numerous complaints, they still did not ship the product.

Demanding or accepting payment without intending to supply

16. No person shall demand for or accept, any payment or other consideration for goods or services, if at the time of the demand or acceptance that person—

(a) does not intend to supply the goods or services; (b) intends to supply goods or services materially different from the goods or services in respect of which the payment or other consideration is demanded for or accepted; or Consumer Protection 29 (c) does not have reasonable grounds to believe he will be able to supply the goods or services within any specified period, or where no period is specified, within a reasonable time.

There’s still other cases that’s governed by the law. For instance the product your purchase does not meet the safety standards (which can be complaint to MCMC as well), or you’ve been promised for a warranty period but they do not honour your warranty.

Also, of course each cases will have to be evaluated on a case by case basis.

If clearly the seller is in fault they will be required to pay a hefty penalty and also jailed. Therefore, every time when you are being cheated or any cases as above, just make an effort to make a report to kpdnkk they will settle the case ASAP.

fine not exceeding RM100,000 or imprisonment for a term no more than three years, or both. For every second or subsequent offence, the fine will be no more than RM250,000 or imprisonment for a term not exceeding six years.

Conclusion, be a smart consumer and not a lazy consumer. There’s many here in Malaysia who’s not educated with their rights as a consumer hence there’s where all the business owners will take advantage.

The Platform

The platform is all ready for you to use. Yes there’s a lot of fields to fill-in, but that’s what the government requires to investigate your case and protect your rights.

You can either go through their web here

or their App from Andriod and iPhone.

Now that you’re educated please don’t complaint when you get cheated and make an effort to report which in return will make our country a better place. Because when the consumers are smarter, in return, the sellers will be more cautious hence there will be less of such cases.

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