Reference no: EM133209021
Question -
1. In Malaysia, Tribunal for Consumer Claims Malaysia('Tribunal') was formed under Section 85, Part XII of the Consumer Protection Act, 1999. The Tribunal functions under the Ministry of Domestic Trade and Consumer Affairs and it is considered to be a good avenue to address consumer claims and complaints. But there are several issues that cannot be resolved by the Tribunal. Carry out a study into the limitation and weaknesses of the Tribunal and provide alternatives in addressing consumer-related issues in Malaysia. Look at UK and US position on consumer protection and provide findings how Malaysia could learn from UK and US examples. Support with any relevant court decisions.
2. Mrs Commonwealth is a tourist from London and she is very unhappy during her family shopping experience at Pavilion Shopping Mall, Kuala Lumpur, Malaysia. She was upset due to the following events after buying these items:
A cosmetic set "WHITE SUNFLOWER" from a seller from online LAZADA MALAYSIA. After using it for a few days, she experienced allergic and headache;
A new home exercise equipment "BURN THOSE FAT" that broke down after two days of intensive use.
A "PREDATOR" PC Computer that failed to start after one week of continuous heavy gaming session in her room with her friends.
A professional hair dryer "MENAWAN HATI" that caused injury to her face (she had used incorrect setting/button).
A 88 inches "Super Clear MOLEK" TV monitor that failed to emit audio after one month of use.
She had problem with her apartment land lord at TAMAN SYURGA who is keen to evict her for non-payment of rent for 3 months
She also underwent cosmetic surgery to face at "ALWAYS BEAUTIFUL" health centre at PAVILLION Shopping Mall, KL. After one week, her face was swollen and became very painful.
Based on the above situation, advise Mrs Commonwealth based on provisions of Consumer Protection Act 1999(amended 2003). You may look at any Malaysian or English case law examples in your advice. Advise her on any other alternatives as well.
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