FAQ About TCCM 

1. When was the Tribunal for Consumer Claims Malaysia (TCCM) established?

The Tribunal for Consumer Claims was established under section 85, Part XII of The Consumer Protection Act 1999 [Act 599]. The Tribunal operates under the Ministry of Domestic Trade and Consumer Affairs.

2. What are the functions of the TCCM?
1. To provide an alternative forum to civil courts for consumers to claim redress in respect of any goods and services purchased in a convenience, fast manner and at a minimal cost.
2. To hear and determine claims in an independent and just manner.
3. To develop the law on consumer protection.
   
   
3. What is the Jurisdiction of the TCCM?

The Tribunal has jurisdiction to hear -

1. claim for redress for the purchase of goods or services permitted under the jurisdiction of the Tribunal as provided under Act 599.
2. a claim where the total amount does not exceed RM50,000.00; and
3. a claim which accrues within three years of the claim.
   
   
4. What are the limitations of TCCM jurisdiction?

The Tribunal has no jurisdiction to hear the following claims:

1. arising from personal injury or death;
2. for the recovery of land or any estate or interest in land;
3. on dispute concerning the title to any land or estate or interest in land;
4. dispute concerning the entitlement of any person under a will or on any intestacy;
5. healthcare services;
6. aviation services;
7. dispute related to matters concerning -
1. franchise;
2. good will;
3. trade secret or other intellectual property;
4. any chose in action; or where any Tribunal has been established under any other written law to hear and determine claims related to matter which is the subject matter of such claims.
   
   
5. How does a consumer file a claim in the TCCM?

A consumer may filed a claim by filling up the Claim of Statement Form (Form 1). This Form is free of charge and provided by all TCCM office and consumer may also downloaded the form through the e-Tribunal portal. A consumer may also file a claim online through the e-Tribunal system at https://ttpm@kpdnhep.gov.my.

6. Is there any charge for the filling?

A filing fee of RM 5.00 is to be paid for the filing.

7. Who are the “Consumers” under Act 599?

“Consumer” means an individual who acquires or uses or buys goods or services ordinarily for personal, domestic or household purpose, use or consumption. However, an individual who purchases, uses or acquires goods or services primarily for business purposes or purchased or acquired goods or services in the name of a company is not a consumer.

8. Can the same claim be filed in the TCCM and in the Civil Court?

Not because only one forum can hear and decide a claim at a time.

9. What should Claimant do after filing Form 1?

TCCM office will provide the date and place of the hearing. The Claimant shall serve Form 1 to the Respondent and both parties are required to attend the hearing.

10. What should Respondent do upon receiving Form 1?

The Respondent may contact the Claimant to discuss the claim for the purpose of explaining the dispute or to settle it. If there is no settlement, the Respondent may file in the Statement of Defence and Counter Claim (Form 2) at TCCM office and a copy of Form 2 shall be served to the Claimant.

11. Can parties settle the claim without attending to the hearing?

Parties may settle the claim before the hearing date. A notice of discontinuance shall be filed at the TCCM office if parties have successfully settled the claim.

12. What preparations to be made by the party before the hearing date?

Parties shall gather all relevant documents regarding the claim and ready with the witnesses before the hearing. However, both parties are not allowed to be represented by a lawyer during the hearing.

13. Is photography or video/audio recording allowed during the hearing?

Not allowed.

14. Can the parties appoint a lawyer to represent them during the hearing?

No.

15. What can the Parties do if an award is issued by the President when the parties are not present during the hearing?

The Parties may apply to set aside the award by filing an application to dismiss the Award (Form 12) within 30 days from the date the award is received by the Parties.

16. What happens after the hearing?

The President who hears the case will decide and issue an Award based on the assessment of the facts and law.

17. What is Awards?

Award is an order made by the President of TCCM.

18. How is the execution of Award?

Every award made by Tribunal shall be final and binding on all parties and shall be deemed to be an order of a Magistrate’s Court and may be enforced in a Magistrate’s

19. What if any party fails to comply with an Award?

Any party who fails to comply with an award after 14 days from the date the award was made by the Tribunal commits an offence and shall on conviction and be liable to a fine not exceeding RM10,000.00 or to imprisonment for a term not exceeding two years or to both. In the case of a continuing offence be liable to a fine of not less than RM100.00 and not exceeding RM5,000.00 for each day or part of a day during which the offence continues after conviction. The claimant may lodge a non-compliance complaint to the Enforcement Division, KPDNHEP.

20. What if Parties does not satisfied with an Award?

Every Award made by the Tribunal under subsection 112(2) and 107(3) of Act 599 is final and binding on all parties to the proceedings as provided under section 116 of Act 599. However, a dissatisfied party may apply to the High Court for Judicial Review.