3. Attach Supporting Documents
Attach any relevant supporting documents such as receipts, emails, screenshots of conversations etc.
4. Payment
To file the complaint, a filing fee of RM5.00 must be paid via online banking. Your case would then appear under ‘Claim Case’ with its case number and details.
5. Send Documents to Seller
One must then serve physical copies of documents via post or via hand. Keep a copy of Form 1 for yourself.
- Serve one copy of Form 1 and four copies of Form 2 to the seller,
- By post or,
- By hand where one can leave it at their premises and take a photo.
6. Await Response from Seller
In response to the claim, the seller/respondent may file a Form 2 – Statement of Defence to the buyer’s claim and a Counter-claim against the buyer. A counter-claim is when the seller asserts that the buyer owes them something too.
Subsequently, complainant can file a Form 3 – Defence to Counter-claim (if any). Finally, the Tribunal will issue a Form 4 – Notice of Hearing to inform parties of the date, place and time of hearing.
7. Settling Claims
In a situation where the seller contacts you to resolve the issue amicably, then congratulations the case is settled. You can then submit a ‘Notice of Discontinuation’ to discontinue the action.
However, if the claim is not settled successfully, parties would go on to attend a hearing at the Tribunal. Unlike a court proceeding, parties in this Tribunal are not allowed to be represented by a lawyer.
Both parties would be heard and given the right to adduce evidence and witnesses to support their case. Primarily, the Tribunal’s aim is to reach a consensus agreement to resolve the case.
8. Award
An award granted by the Tribunal is final, binding and enforceable as if it were a Magistrate’s court order. Parties may lodge a non-compliance complaint to the Enforcement Division whereby failure to comply within 14 days will result in a fine of up to RM10,000.00 or imprisonment of up to two years or both. For every day of a continuing offence, one is liable to a fine between RM100.00 to RM5,000.00 for each day.
Nevertheless, dissatisfied parties may still present their case to the High Court for a judicial review and reassessment of the award. Parties who were absent during the hearing can apply to set aside the award in Form 12.