Maria bought a pair of sunglasses from Syarikat Nice 2C that left marks on her cheeks, making her uncomfortable. She asked for a replacement pair but was refused. Maria wants to file a claim against Syarikat Nice 2C at the Tribunal for Consumer Claims. The Tribunal may order Syarikat Nice 2C to replace or repair the sunglasses, refund Maria's money, or award her compensation for damages suffered from the marks. Maria must follow procedures like filing a statement of claim and attending a hearing to pursue her claim.

1. Abdul Khaliq bin Nazeri
2011658452
Mohamad Nurhidayat Putra bin Sulaiman
2011808066
Muhamad Atif bin Abdullah
2011670294

2. Maria bought a pair of Bonia sunglasses worth RM450.00
from Syarikat Nice 2C. After using the sunglasses for a few
days, she found marks on her cheeks which made her feel
uncomfortable. Consequently, Maria requested Syarikat
Nice 2C to replace her sunglasses with another pair.
Syarikat Nice 2C refused to do so and instead asked Maria
to purchase another pair of sunglasses. Maria felt that it
was unreasonable and refused to do so. Maria offered to
return the Bonia sunglasses and wanted a refund of the
RM450.00 that she had paid for it. Syarikat Nice 2C
declined the offer. Maria wants to file her claim against
Syarikat Nice 2C at the Tribunal for Consumer Claims
(hereinafter the "Tribunal").

3. Advise Maria on the following issues;
a) the procedures to be complied with in making her
claim at the Tribunal.
b) the possible order(s) that the Tribunal may award to
her.

4. Question (a)

5. There are several procedures to be complied with
in order for Maria to file her claim at the Tribunal.
The procedure for filing the claim and registration
is laid out under Part XII of the Consumer Protection
Act 1999 and Consumer Protection (The Tribunal for
Consumer Claims) Regulations 1999.

6. First of all, according to section 5(1) of the
Consumer Protection (The Tribunal for Consumer
Claims) Regulations 1999, every claim lodged with the
Tribunal shall be in Form 1 (the “Statement of claim”).
In the statement of claim, the claimant shall state the
amount and particulars of the claim. Form 1 shall be
signed or thumb-printed by the claimant in this case
Maria personally. Then, section 6 of the Consumer
Protection (The Tribunal for Consumer Claims)
Regulations 1999 state that Form 1 shall be filed in
four copies in the Tribunal’s Registry together with
the prescribed fee.

7. After that, section 7 of the Consumer Protection (The
Tribunal for Consumer Claims) Regulations 1999 state that
The Secretary or Assistant Secretary to the Tribunal shall
cause Form 1 filed with the Tribunal to be registered,
dated, signed and sealed with the seal of the Tribunal and
shall return two sealed copies to the claimant for service on
the respondent. A respondent upon receipt of the sealed
copy of Form 1 from the claimant shall, if he disputes the
claim, file his defence and counter-claim (if any) in Form 2
which can be obtained free from the nearest Tribunal’s
office. Form 2 must be filed in 4 copies at the same
Tribunal’s office where Form 1 was filed within 14 days after
the receipt of Form 1 by the respondent; Form 2 will be
registered, dated, signed and sealed by the Secretary or
Assistant Secretary to the Tribunal and two sealed copies of
Form 2 will be returned to the respondent for service to
the claimant.

8. Upon lodging the claim, section 18 of the
Consumer Protection (The Tribunal for Consumer
Claims) Regulations 1999 stated that the Tribunal, the
Secretary or an Assistant secretary shall fix the date,
place and time of hearing in Form 4 and serve notice
of hearing on both the claimant and respondent. The
Secretary or the Assistant Secretary shall serve Form 4
on the claimant and respondent not less than 14 days
before the date of hearing.

9. Under section 107 of the Consumer Protection Act,
the Tribunal shall, as regards every claim within its
jurisdiction, assess whether, in all the circumstances, it is
appropriate for the Tribunal to assist the parties to
negotiate an agreed settlement inrelation to the claim. In
making an assessment the Tribunal shall have regard to any
factors that, in the opinion of the Tribunal, are likely to
impair the ability of either or both of the parties to
negotiate an agreed settlement. Where the parties reach an
agreed settlement, the Tribunal shall approve and record
the settlement and the settlement shall then take effect as
if it is an award of the Tribunal. Where it appears to the
Tribunal that it would not be appropriate for it to assists
the parties to negotiate an agreed settlement in relation to
the claim; or The parties are unable to reach and agreed
settlement in relation to the claim, the Tribunal shall
proceed to determine the dispute.

10. Section 108 of the Consumer Protection Act provides for
the right to appear at the hearings. Upon a claim being lodged
with the Tribunal, the Secretary or Assistant Secretary to the
Tribunal will issue a notice in Form 4 stating the date, place and
time of hearing and thereafter serve the notice of hearing on
both the claimant and the respondent, not less than 14 days
before the date of hearing. According to section 108(2) if the
CPA, No party shall be represented by an advocate and solicitor
during a hearing before the Tribunal and every party to a hearing
shall conduct its own case at such hearing.If the claimant is a
minor or a person under a disability he may be represented by
his next friend or guardian ad litem.Where a respondent is a
company or a firm, it may berepresented by its full time paid
employee.The hearing before the Tribunal shall be presided over
by a member of the Tribunal (known as a “President” during
suchhearing) sitting alone, who may at any time assist the parties
in conducting their cases.At the hearing of a claim, every party
shall be entitled to attend and be heard as provided under
section 108(1) of the CPA. According to section 109 of the Act,
all proceedings before the Tribunal shall open to public.

12.  First Maria should lodge the complaint to the Tribunal
for Consumer Claim in Form 1 which is the statement
of claim. She should state the amount and the
particular claim that she would like to do which is to
claim for refund of RM415 for the sunglasses.
 Then she should thumbprint the form personally.
 Then she should file Form 1 in 4 copies to the Tribunal
together with the prescribed fee.
 The form then should be registered, dated, signed and
sealed with the seal of the Tribunal and shall return 2
sealed copies to Maria for service on the Syarikat Nice
2C.

13.  Syarikat Nice 2C after receiving Form 1 shall, if they
dispute file their defence and counter claim in Form 2
and the same procedure applied as in Form 1.
 The Secretary or Assistant Secretary of the Tribunal
shall fix the date, time and place of the hearing in
Form 4 and serve notice of hearing to Maria and
Syarikat Nice 2C at least 14 days before the date of
hearing.
 The Tribunal then will regards every the claim and
assess it whether it is appropriate for Tribunal to assist
the parties to negotiate an agreed settlement in
relation to claim.

14.  If Maria and Syarikat Nice2C reach a settlement the
Tribunal shall approve and record the settlement and
the settlement shall then take effect as an award of the
Tribunal.
 If it would not be appropriate to assists the parties to
negotiate an agreed settlement in relation to claim; or
The parties unable to reach and agreed settlement in
relation to the claim, the Tribunal shall proceed to
determine the dispute.

15. Question (b)

16. In Maria’s case, there are few possible orders that
the Tribunal may award to her. According to Section
112 (1) of the Consumer Protection Act 1999 (CPA),
Tribunal shall, where practicable, make its award
within sixty days from the first day the hearing before
the Tribunal commences.

17. Based on Section 112 (2) (c) of the CPA, the goods
supplied or re-supplied to the consumer be replaced or
repaired. Section 112 (2) (d) of the CPA provides that
the price or other consideration paid or supplied by
the consumer or any other person be refunded to the
consumer or that person. Besides, in Section 112 (2)
(f) of the CPA, that the money be awarded to
compensate for any loss or damage suffered by the
claimant.

18. Thus, Maria may have her sunglasses to be
replaced or repaired, or her money to be refunded by
Syarikat Nice 2C. She also can be awarded
compensation for the damages she suffered, which are
the marks on her cheeks that made her feel
uncomfortable.