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WHAT HAPPENS DURING THE HEARING OF A TRIBUNAL ?

For minor or a person under a disability, he or she may be represented by the next friend or guardian ad litem.

Where a respondent is a company or a firm, it may be represented by its full time paid employee.

The hearing before the Tribunal shall be presided over by a member of the Tribunal sitting alone. Such member is also known as the President during such hearing and may at any time assist the parties in conducting their cases.

At the hearing, the Tribunal shall, where possible, assist the parties to effect the settlement of the claim by consent.

Every party to a hearing before the Tribunal shall be entitled to adduce evidence, any witness or produce any document, or record or thing in support of its case.

All hearing before the Tribunal shall be open to the public.

At the hearing the tribunal may make any one or more of the following awards :

• that a party to the proceedings pay money to any other party.
• that goods be supplied or resupplied in accordant with the Consumer Protection Act 1999 or the contract to which the consumer is a party.
• that goods supplied or resupplied to the consumer be replaced or repaired.
• that the price or other consideration paid or supplied by the consumer or any other person be refunded to the consumer or that person
• that a party comply with the guarantee.
• that money be awarded to compensate for any loss or damage suffered by the claimant.
• that the contract be varied or set aside, wholly or in part.
• that costs not exceeding RM$200.00 to or against any party be paid.
• that interest be paid on any sum or monetary award at a rate not exceeding 8% per annum, unless it has been otherwise agreed between the parties
• that the claim is dismissed

The Tribunal shall, where practicable, make its award within 60 days from the first day of the hearing before the Tribunal commence.

Every agreed settlement recorded by the Tribunal and every award made by the Tribunal shall be final and binding on all parties to the proceedings.

Every award made by the Tribunal shall be deemed to be an order of a Magistrate's Court and be enforced accordingly by any party to the proceedings in a Magistrate's Court having jurisdiction in the place where the award was made.

WHAT SHOULD I DO IF A PERSON DOES NOT COMPLY WITH AN AWARD MADE BY THE TRIBUNAL ?

Where a person after 14 days fails to comply with an award made by the Tribunal, he or she has committed an offense and shall on conviction :

• be liable to a fine not exceeding RM$5,000.00 or to imprisonment for a term not exceeding 2 years or to both.
• in the case of a continuing offense, the offender shall, in addition to the penalties above, be liable to a fine not exceeding RM$1,000.00 for each day or part of a day during which the offense continues after conviction.