PETALING JAYA: After a high-end home furniture he bought became faulty, retiree M. Ramesh, 58, had problems with the seller over the warranty.
The Klang resident took his case to the Consumer Claims Tribunal in November last year and was told that he could send a registered notice letter to the seller, or better yet, serve the notice himself.
“To ensure it was received by the vendor, I was told to serve it personally and take a photograph of the act.
“It was really uncomfortable. I had to confront the seller with whom I already had a fallout,” he said, adding that there should be a simpler way for consumers to serve such notices.
His case is still pending before the tribunal.
Many consumers like Ramesh find it difficult or even impossible to serve notice on the defendants.
Often, the respondent would be resentful, will not cooperate and refuse to accept the notice.
These consumers, who had previously filed claims at the Consumer Claims Tribunal, are hoping the tribunal can help in serving the notice of claim.
Under the law, the claimant has to show proof that the notice of claim has been served on the vendor, either through a courier, or with photos the notice being handed personally.
Dr Mohamad Khair Ismail, 30, for one, had to get creative to submit the legal papers to the vendor.
The doctor, who had filed a claim against a boutique over a wedding dais and hall decoration last year, asked a friend to pretend to be a customer.
“I only entered the boutique after my friend had gone in. I came up with this trick because I feared the boutique would refuse to let me in.
“In the shop, I spoke to the defendant politely. Thankfully, he accepted the notice,” he said.
Accountant Leon Phua, 34, was also lucky – he was able to have the postman submit the notice to a renovation company.
“I think the company had no experience getting this kind of letter.
“The person at the office on that day accepted the letter and signed a form confirming they had accepted the notification.
“The postman then took a photo of the handing over of the form.
“I consider myself lucky as I know that is not the case for many people,” he said, adding that a few others, including a family friend, had a tougher time filing complaints against the same company.
“I was fortunate to be the first person to file a complaint,” he said.
Steven Loh, 50, from Petaling Jaya, said there is a lack of awareness about the tribunal.
“The ceiling in the condominium I lived in was leaking and I had no idea where to go or how to lodge a complain.
“Fortunately, my former contractor offered me some advice,” he said.
Still, he did not have it easy.
Loh had to travel to Putrajaya to lodge a claim as the office in Petaling Jaya served only as the centre to hear claims.
“I wasted two days because I initially went to the office to Damansara but was referred to Putrajaya instead,” he said.
His claims were finally settled after seven months.
