Latest news with #ConsumerClaimsTribunal


Daily Express
24-07-2025
- Business
- Daily Express
Bridal shop ordered to refund RM2,850 to customer
Published on: Thursday, July 24, 2025 Published on: Thu, Jul 24, 2025 By: Crystal E Hermenegildus Text Size: Kota Kinabalu: The Consumer Claims Tribunal has ordered a bridal shop to refund RM2,850 to a customer after ruling that the service provider failed to perform any part of its contractual obligations. Tribunal President Salmi Zalinah Abdul Rahim issued the decision following a hearing involving the claimant, Nicole Ooi Wei Shan, and the respondent, Delove Bridal Selection East Malaysia. According to the case facts, on December 31, 2023, the claimant entered into a contract with the respondent for a pre-wedding photography package and paid a deposit of RM3,000. The package was stated to be valid for three years. However, on May 5, 2025, the claimant informed the respondent via WhatsApp that due to personal issues, she and her partner would no longer be proceeding with the wedding photos and requested a refund of the deposit. The same message was also sent in English the following day. Despite the request, the respondent insisted that the deposit was non-refundable, even though none of the agreed services had been provided. The claimant proceeded to file a claim for the full refund amount of RM3,000. In response, the respondent argued that the deposit was part of a binding agreement and that the cancellation was made for personal reasons, not due to any fault on their part. The respondent also filed a counterclaim for RM10,000, citing inconvenience, disruption, and administrative burden caused by the claim. During the hearing, the respondent's staff member, Ivylyana Edin, confirmed that no wedding photographs were taken but said reminders were sent to the claimant via WhatsApp. Salmi, in her ruling, cited Section 17(5) and (6) of the Consumer Protection Act 1999, which allows consumers to cancel a future services contract at the point the cancellation is communicated to the supplier — in this case, via WhatsApp. Under Section 17(2) of the same Act, the Tribunal found the claimant was entitled to a refund after deducting 5 per cent of the full contract price, amounting to RM2,850. The Tribunal rejected the respondent's RM10,000 counterclaim and ordered that the awarded sum be paid to the claimant within 14 days. * Follow us on our official WhatsApp channel and Telegram for breaking news alerts and key updates! * Do you have access to the Daily Express e-paper and online exclusive news? Check out subscription plans available. Stay up-to-date by following Daily Express's Telegram channel. Daily Express Malaysia


Daily Express
16-07-2025
- Business
- Daily Express
Fails to heed six Consumer Tribunal awards. Umrah packages: Firm hauled up
Published on: Wednesday, July 16, 2025 Published on: Wed, Jul 16, 2025 By: Jo Ann Mool Text Size: Zulkarnain outside the courtroom after the proceedings. Kota Kinabalu: A company offering Umrah packages and its director were charged in the Magistrates' Court here on Tuesday with failing to comply with six Consumer Claims Tribunal awards ordering them to pay RM232,536.80 to six individuals. Emraz Travel & Tours Sdn Bhd, represented by its Director Datuk Zulkarnain Endut, 44, and Zulkarnain, in his capacity as a director, pleaded not guilty before Magistrate Dzul Elmy Yunus after the charges were read out. Advertisement The company and Zulkarnain, were each slapped with six counts under Section 117(1) of the Consumer Protection Act 1999, which carries a fine of up to RM10,000, a jail term of up to two years, or both, on conviction. The charges stated that the company and Zulkarnain were alleged to have failed to comply with the award of the Consumer Claims Tribunal, which required them to pay claims to six claimants, ranging from RM24,666.80 to RM50,000, totalling RM232,536.80. The offences were allegedly committed at the Sabah Domestic Trade and Cost of Living Ministry, Federal Government Administrative Complex, Jalan UMS, here, between July 24, 2023 and Jan 25, 2024. They were accused of failing to pay RM24,666.80 to Mahmuddin Purag (order dated July 17, 2024); RM27,870 to Mariani Tarin (June 26, 2023); RM30,000 to Muhidin Ismail (Sept 9, 2023); and RM50,000 each to Jamilah Othman, Nur Aimi Naziha Norjain and Norjain Nudin, all three awards dated Nov 21, 2023. The Magistrate set Sept 23 for pre-trial case management (PTCM) and granted bail of RM1,000 with one local surety for each charge, with the additional condition that Zulkarnain report to the Domestic Trade and Cost of Living Department office in Putrajaya on the 17th of every month. Deputy Public Prosecutors (DPP) of Domestic Trade and Cost of Living Ministry, Shafiq Mahadi and Md Syafique Md Hilmie prosecuted while the company and Zulkarnain were represented by counsel Farah Nazriah Chun Lee @ Mohd Fadzlee Lee. DPP Shafiq submitted that the case involved public interest, as it concerned numerous Umrah pilgrims who were unable to perform their pilgrimage and had suffered losses amounting to hundreds of thousands of ringgit. On that basis, the prosecution offered bail to Zulkarnain at RM2,000 with one local surety for each charge against him. DPP Shafiq also applied for PTCM date to be fixed two months from Tuesday, as well as for mention to update the court on the status of Zulkarnain's wife, who is the third accused in the present case. The update concerns when she would be fit to travel to Sabah to face the charges against her, as she is currently in the 11th week of a high-risk pregnancy. Earlier, Farah applied for the warrant of arrest issued against the third accused, Datin Mazuin Mustafa, who is also a director of the company and Zulkarnain's wife, to be revoked. She informed the court that Mazuin was unable to travel due to her high-risk pregnancy, which is her first, as confirmed in a medical report from Hospital Putrajaya dated June 20 this year. Farah also requested a lower bail amount for Zulkarnain, citing that he is a Malaysian from Terengganu, is married, and currently has no fixed source of income. She further informed the court that his company, Emraz Travel & Tours Sdn Bhd, had been wound up since July 17, 2024, and that its bank account had also been frozen under the Anti-Money Laundering Act (AMLA). She also said that Zulkarnain is facing multiple similar charges across Malaysia, including in Sarawak, Sabah and Peninsular Malaysia. * Follow us on our official WhatsApp channel and Telegram for breaking news alerts and key updates! * Do you have access to the Daily Express e-paper and online exclusive news? Check out subscription plans available. Stay up-to-date by following Daily Express's Telegram channel. Daily Express Malaysia


The Star
15-07-2025
- The Star
Fan group wants money back after event organiser refuses to comply with tribunal's refund decision
KUALA LUMPUR: A group of fans are demanding their money back after an event organiser refused to comply with a tribunal's decision for refunds. The group, led by a woman who goes by Saza, said that the event was originally due to be held on July 27, 2024, but had its venue changed before ultimately being cancelled. "We were told that the refund process would begin in August and be fully completed by December. However, we have yet to get any refunds at all. "In the meantime, the event organiser has continued to conduct events with at least three that we know off since the cancellation of this one," she said. MCA Public Services and Complaints Department head Datuk Seri Michael Chong, who organised the press conference for the group, said that several members had brought the matter to the Consumer Claims Tribunal and that they had received the decision to claim their refunds. He added that the group had collectively lost around RM20,000 from the unfulfilled tickets. However, efforts to serve the letter to the company have been unsuccessful, with the group claiming that their premise had been vacated. "We will give them a week to respond to us. I hope they will come so we can solve this matter without requiring a civil suit. "If they fail to do so then we will need to move on to the second step and we will cross that bridge if we are forced to," he said.


Daily Express
15-07-2025
- Business
- Daily Express
Umrah package firm, director charged for failing to repay RM232,000 to clients
Published on: Tuesday, July 15, 2025 Published on: Tue, Jul 15, 2025 By: Jo Ann Mool Text Size: Zulkarnain KOTA KINABALU: Emraz Travel & Tours Sdn Bhd and its director, Datuk Zulkarnain Endut, were charged with six counts of failing to comply with Consumer Claims Tribunal orders to repay RM232,536.80 to six individuals for Umrah packages. Zulkarnain, 44, pleaded not guilty in the Magistrates' Court and faces charges under Section 117(1) of the Consumer Protection Act 1999, which carries up to RM10,000 fine, two years' jail, or both. Advertisement The offences occurred between July 2023 and January 2024. Bail was set at RM1,000 per charge with a local surety, and the accused must report monthly to the ministry in Putrajaya. Case management is set for Sept 23. * Follow us on our official WhatsApp channel and Telegram for breaking news alerts and key updates! * Do you have access to the Daily Express e-paper and online exclusive news? Check out subscription plans available. Stay up-to-date by following Daily Express's Telegram channel. Daily Express Malaysia


The Star
14-07-2025
- Automotive
- The Star
Tribunal orders refund for speedometer not up to speed
Sani says the workshop owner kept avoiding him when he asked to have the speedometer fixed. A WORKSHOP in Senai, Johor, has been ordered to refund RM950 to a retiree after failing to repair his car's speedometer. The ruling was made by Johor Consumer Claims Tribunal president Hafez Zalkapli, who mandated the refund be issued within two weeks. The case was brought by M. Sani Md Taib, 68, who explained that the speedometer on his German-made car began malfunctioning in August 2024. 'I have been driving the car for 14 years without any major issues, until the speedometer failed,' he said when met outside the tribunal at Menara Ansar, Johor Baru. 'Driving the car with the faulty meter was unsafe as I wasn't sure whether I was driving within the permissible speed limit,' said Sani, 68. He said the odometer also failed to clock the distance travelled. 'The odometer remained fixed at 436km, which didn't make any sense for a 14-year-old car.' Sani went to the Senai workshop to have the speedometer fixed last August. 'I bought a speedometer from the workshop for RM950 and had it installed,' said the claimant. Even after a replacement, he said the new speedometer was defective as well. 'I called the workshop owner many times to have the speedometer fixed but he avoided me, claiming to be busy,' said Sani, who then filed a case with the Consumer Claims Tribunal. Those who need tribunal assistance can call 07-227 1755 or 07-227 1766 or visit the Johor Tribunal office at Level 17, Menara Ansar, Jalan Trus.