FAKULTI SAINS SOSIAL DAN KEMANUSIAAN

TITLE : CONSUMER RIGHTS

VIMALA DEVI A/P MARTHAM MUTHU D20051023161 JEYA SUNDARI A/P KARPAYAH D20061027289 NOR ASMIRAWATI BT MUHAMAD D20061027360 VANITHA A/P VEERAPA D 20061027325 KOMATHY A/P CHONGODAN D20061027346

LECTURER : DR.STEFAN BUCHER

1. 2.

INTRODUCTION CONSUMER RIGHTS

RIGHT TO BASIC NEEDS RIGHT TO SAFETY RIGHT TO GET INFORMATION RIGHT TO CHOICE RIGHT TO REDRESS RIGHT TO HEARD RIGHT TO CONSUMER EDUCATION RIGHT TO A HEALTHY SUSTAINABLE ENVIRONMENT 3. 4. 5. 6. 7. 8. 9. 10. 11. WHY THE CONSUMER NEEDS PROTECTION THE FIVE CONSUMER RESPONSIBILITIES POLICIES AND STRATEGIES OF THE ENFORCEMENT DIVISION COSUMER MOVEMENT FOCUS ON SOME OF THE LEGISLATIONS ENFORCED BY THE ENFORCEMENT DIVISION HOW TO MAKE COMPLAINT ? CONCLUSION APPENDIX BIBLIOGRAPHY

First of all, we would like to express our greatest gratitude to these people for their outstanding support, guidance, knowledge, and contributions throughout we have finished write on report and presentation in this Consumer Education. We would like to thank our lecturer, Dr.Stefan Bucher for his will to teach us, day by day. We appreciate your cooperation and your time. Thank you. Then, of course, we beloved family and friends, especially parents and our classmate, who gave us continuous support to complete this for the sake of knowledge. There are so many names on our mind that we cant say today, tomorrow well mention your name. Thank you very much. Without you all, our project will not be complete.

THANK YOU.
3

INTRODUCTION
Before the mid-twentieth century, consumers were without rights with regard to their interaction with products and commercial producers. Consumers had little ground on which to defend themselves against faulty or defective products, or against misleading or deceptive advertising methods. By the 1950's, a movement called consumerism began to gather a following, pushing for increased rights and legal protection against malicious business practices. By the end of the decade, legal product liability had been established in which an aggrieved party need only prove injury by use of a product, rather than bearing the burden of proof of corporate negligence. In 1962, President John F. Kennedy presented a speech to the United States Congress in which he extolled four basic consumer rights, later called The Consumer Bill of Rights. Consumer rights are now an integral part of our lives like a consumerist way of life. They have been well documented and much talked about. We have all made use of them at some point in our daily lives. Market resources and influences are growing by the day and so is the awareness of one's consumer rights. These rights are well-defined and there are agencies like the government, consumer courts and voluntary organisations that work towards safeguarding them. While we all like to know about our rights and make full use of them, consumer responsibility is an area which is still not demarcated and it is hard to spell out all the responsibilities that a consumer is supposed to shoulder. In this report, we will give an overview of the 8 consumer rights, their implications and significance for a developing country like India, and also define the various aspects of consumer responsibility. There are fundamentally eight consumer rights which are universally acknowledged by the global society. Ranging from basic needs to redress, they are essential elements of human rights. In the 20th century, the presence and influence of the market grew dramatically in consumer life. We began to purchase things from the market for a price. Soon, mass production and industrial production came into being, giving the consumer world an entirely new dimension. Have you ever wondered how much urban consumers depend on the market for fulfillment of even their basic needs? This over-dependence on

the market and the inherent profit motive in mass production and sales has given manufacturers and dealers a good reason to exploit consumers. As a consumer, you would know how market products are constantly under-weight, of inferior quality and do not prescribe to quality standards specified by quality-control agencies. Consumers not only do not get value for their money but also often have to suffer losses and inconvenience due to market manipulations.

CONSUMER RIGHTS
RIGHT TO BASIC NEEDS

The right to basic goods and services, which guarantee survival: adequate food, clothing, shelter, health care, education and sanitation. Healthcare is a basic need essential to live. It is your basic rights as an individual to have equitable access to medical care and medicine for health and wellbeing. Therefore, it forms the fundamental responsibilities of governments in every country to ensure that their people have equitable access to basic medicine needs. OUR SUGGESTION IS : Prioritize needs. Look for quality instead of quantity. Be quality conscious, instead of being brand conscious. Not engage in panic buying. Be vigilant in demanding that basic commodities are available in the market in times of crisis or calamity. RIGHT TO SAFETY The right to be protected against the marketing of goods or the provision of services that are hazardous to health and life. Every consumer has the right to safe medication. All medicines, whether its prescription drug or health supplements must not in anyway, bring harm to consumers. In Malaysia, the Pharmaceutical Services Division of the Ministry of Health strives to ensure that every single medicine sold in the market is safe for consumer to use.

OUR SUGGESTION IS : Read all labels and product circulars before using a product. Never hesitate to ask personnel when in doubt about a products effectiveness and other issues. Keep certain products out of childrens reach. Ask for a sample or tester before buying products available only in large containers. Be on guard regarding products media and other sources of advice have reported to be hazardous. RIGHT TO GET INFORMATION The right to be protected against dishonest or misleading advertising or labeling. And the right to be given the fact and information needed to make an informed choice. Consumers have the right to be well-informed of the medicines they are taking. Healthcare professionals and the labels on medicine products must inform consumers what kind of medicines they are taking, what are the side effects, how to take their medicines, how frequent to take it, and the stating precautionary health warnings. Consumers must be in a position to select the most appropriate goods and services. This is possible only when they have adequate factual information about the products available, their contents and quality. Information of this kind can be provided only by the producer, who instead highlights only the products supposed unique features. To a consumer, it can be very important to know whether the amount of water in a tin of condensed milk is 15 per cent or 50 per cent, or what is the difference in terms of Quality and price between filed milk(a description found on milk tins) and non-filled milk. What information should be disclosed and in what form? Its is only appropriate if the basic characteristics of a product are described by its generic name, where products of a certain type vary in quality, the label describes the distinguishing features, the products ingredients and the physical contents inside a package are prominently stated on the label. For instance, when we purchase a radio from a supermarket , we have the rights to know its warranty period, how to operate and its usage. We must make sure whether the

radio is functioning well before purchasing. We must know information regarding the radio such as its special features, operating systems and nearest to refer when in problem. Some times most lows are technical and complex. Many contractual documents, such as a hire- purchase contract or an insurance proposal, contain phrases and expressions which have technical meaning and which average consumer will not easily understand. It is too much to expect an average consumer, with no legal training, to understand the implications of the consequences of various types of misrepresentation or the distinction between express and implied terms or the concept of duty of care. This position makes consumers by and large ignorant of their rights. The consumer, even where aware of the rights, is not willing to pursue them. Unless the stakes are too high, a consumer would not generally resort to legal action because of the awareness that legation involves time, money, and uncertainty of the outcome. The court procedures are highly technical, time consuming, and often the errant trader is better equipped, with money and resources, to engage lawyers specializing in specific areas of law. OUR SUGGESTION IS : Read labels carefully to know a products use, content, number of pieces and proper care, before buying. Read and understand all provisions and fine prints before signing any document like warranties or guarantees, credit terms or service contracts. Read newspapers, buying guides, and magazines. Consult friends who have bought a similar product before purchasing. Write the company to obtain detailed information about a product. Note the name and address of manufacturers.

RIGHT TO CHOICE The right to choose product and services at competitive prices with an assurance of

satisfactory quality. The right to choose is essentially a consumer's right to choose a safe and healthy product of good quality over an unsafe or defective product. By doing so, consumers can also influence healthy practices to be adopted by the market. It is also important for consumers to have a variety of healthy choices and in medicines, consumers have every right to choose and request for generic versions of their medicines from healthcare providers. Consumers have a right to be assured that they will have access to a variety of goods and services at competitive prices, wherever possible. The right involves an assurances that the distribution of goods and services is not monopolized, but is based on fair competition so that consumer have opportunity to choose from a sufficient number of alternatives at competitive price and quality. In such areas of economy where competition is not workable or where a service is provided by government, consumers need an assurances of satisfactory quality and service at fair prices. In this case, we as consumer have rights to choose the products that we wanted without any influence by competitor. For example in choosing educational program, since there is varieties to choose from. We need to know enough information of all other educational program and choose best one. OUR SUGGESTION IS : Specify what you really want. Canvass prices before buying a product or signing a contract. Read manuals or instructions carefully to determine which product would serve you better. Try product testers. Scrutinize promos or special offers and compare them with regular-priced items.

RIGHT TO REDRESS

The right to be compensated for misrepresentation, shoddy goods or unsatisfactory services. The right to obtain redress is an important element given to protect consumer interests. In Malaysia, redress mechanisms such as the Consumer Tribunal and legal courts exist for consumers to gain redress and seek compensation for damages incurred. OUR SUGGESTION IS : Go back to the store and see the people at the Consumer Welfare Desk, in case you bought a defective product. Ask for a replacement, refund, or repair. Proceed to the agency that has jurisdiction over your case if the manager or store representative does not act on your complaint. Take necessary documents like complaint letter and a copy of your receipt and other documents vital for mediation or settlement. Make sure you attend the mediation conference. RIGHT TO HEARD The right to be heard means that consumers should be allowed to voice their opinions and grievances at appropriate channels e.g. health authorities. If you have been cheated in the market place or deprived of the right quality of service, your complaint should be heard and given due attention by the authorities. Consumers should also have a right to voice their opinion when rules and regulations concerning them are being drafted. This right has two aspects, first is a right to be assured that consumer interests will be given due consideration in the formulation of economic and social policies, second is a right that complaints or grievances will be heard and properly redressed and that adequate legal remedies will be available to the aggrieved consumer. We facing a problem in education ministry, so we as a member of ministry, have the rights to produce our opinion to the person in charge during discussion on overcoming particular problem. The person in charge must take our opinion under consideration. 10

OUR SUGGESTION IS : Read newspapers, Internet sites and bulletin boards in private and government offices for announcements of public hearings. Take time to attend public hearings or meetings conducted in your area where consumer issues are being discussed. Be aware of how the consumer laws and regulations are being implemented in your locality. RIGHT TO CONSUMER EDUCATION

The right to acquire the knowledge and skills necessary to be an informed consumer. Consumer education empowers consumers to exercise their consumer rights and is perhaps the single most powerful tool for consumer protection. Consumer education is dynamic, participatory and is mostly acquired by hands-on and practical experience. Consumer education can be in the form of past experiences of consumers, information dissemination by government agencies and NGOs, classroom teaching by teachers and informal lessons by parents. OUR SUGGESTION IS :

Scan newspapers, magazines, and other reading materials for articles or news bits that educate consumers on how to get the best value for money. Involve yourself in public hearings or meetings held in your area to discuss consumer-related issues. Participating in seminars, conferences, and forums regarding new laws and regulations for consumer welfare.

RIGHT TO A HEALTHY SUSTAINABLE ENVIRONMENT

11

The right to live and work in an environment which is neither threading nor dangerous and which permit a life of dignity and well being. The need for environmental conservation is seen as a necessary defense against deteriorating quality of life world-wide. As certain medicines are poisons, their disposal must be carefully and safely done so that it would not cause any significant harm to the surrounding living environment. Polluted environments lead to increased health costs and discomfort for consumers. Valuable resources are lost due to polluted environment and living conditions. Consumers need to understand that only a safe environment can ensure the fulfillment of their consumer rights. OUR SUGGESTION IS : Be aware of the kind of pollution occurring in your locality like air and noise/odor pollution, etc. so that you would be able to address the problem. Do your share in caring for the environment by practicing guidelines for environmental protection.

12

WHY THE CONSUMER NEEDS PROTECTION

POOR BARGAINING POSITION The fast developing industrial technologies and design and the increasing competition among producers have resulted in mass production of new and innovative consumers goods. The consumers is confronted with a huge and constantly changing array of goods. Many goods such as food, drugs and cosmetics are finished products ready to be used and many are sold in cans or otherwise packaged so that consumers cannot see them until they are used. Many goods are such the purposes and benefits of which cannot be ascertained by average consumer. Many articles, such as cameras, computers, television sets, home entertainment equipments, microwaves ovens, magnetic tapes, and many similar products involving intricate technology are so complex that an average buyer has no means to distinguish between two products made by different producers or between two models marketed by the same producer. Products are often sold by traders using misrepresentation, high pressure salesmanship, deceptive packaging, inadequate warranties and credit term that disguise their true costs. In their effort to attract buyers, marketers make believable claims regarding performance and reliability, yet many products do not come up to the expectation of the buyer. Producers and suppliers use unhealthy business practices, try to monopolise production or supply, kill off competition, and determine the price of a product of service the way it suits them. Most business are well-organised and traders devote full time to their business in order to make it profitable. Marketing of goods and services are in many cases conducted on an organised basis and by business executives and sales personnel trained in the art of selling products. In the absence of any matching training or time to devote on purchasing decisions, the consumers remains in a weaker position susceptible to easy exploitation. In many consumer transactions, such as credit sale, hire-purchase, insurance, or housing agreements, the supplier of services is in a far stronger bargaining position as

13

compared to the average consumer. Many agreements incorporate unfair terms, or even exemption clauses that exempt the supplier from liability under the transaction. There is no negotiating power, or it is extremely limited. The need compels the consumer to agree to the terms as dictated. CONSUMER SAFETY Supply of shoddy or defective goods and poor services are a common complaint. Among the most hazardous products are drugs, food items, recreation equipment, home structures, housewares and items of kitchen use such as gas cylinder and stoves. There are many hazards consumers face because of faulty workmanship or sub-standard material. Hazard include harmful additives and colours in food, pesticide-affected vegetables and fruits, electrical appliances and toys of careless workmanship. INFORMATION GAP Not long ago most needs were satisfied with goods produced locally. Buyers generally knew how the goods they used were produced. They could see, examine the contents, and taste edibles before they bought. The world of goods was quite familiar. Finished products and ready-made goods were almost unknown. Their choices were limited because the seller had few goods to offer. Pasar Malam and Pasar Tani still represent the old pattern of sale-purchase. The emergence of an industrial market economy has brought about tremendous changes. Consumers have no means to be satisfied as to the performance, convenience, durability or safety of products. They have neither nor ability to process the available information on a product in order to be able to make a wise decision. Factual information is often unavailable. Products are marketed in several models with little information about the real difference. The consumer does not have the knowledge necessary for an intelligent comparison. In making a decision whether to buy a product consumers often perceive risk. They may have little or even no experience with the product, either because they have

14

never used it before or because the product has been introduced for the first time. Or a previous unhappy experience with a similar product may involve a risk of repeating the mistake. Whether, for instance, a perfume is really good, or a microwave oven is safe or emits radiation are crucial questions. Consumers need information and protection so that buying decisions are wisely made. A wide gap exits between the information the producer or supplier has about an article and the information a consumer may have. The course of the past few decades has seen a steady rise in the real income and purchasing power of most Malaysians. Most individuals have far greater means of income, leisure time, and discretion to use income. Many people have access to a variety of goods, are inclined to spend money outside fixed categories of need satisfying goods and tend to experiment continually with new goods and style. But the information an average consumer needs for using in product choices is in most cases not available. ADVERTISING PRATICES Advertising is an important part of modern marketing system. The purpose of advertising is to sell goods and services by securing acceptance or greater use of a product, educating prospective consumers about the benefits or merits of a products, brands or model, informing prospective consumers about new products or changes in fashion and trends, or establishing trade name, product image and goodwill. In their efforts to influence consumers however many advertisers use misleading or deceptive methods. Deceptive advertising may take place in a number of situations. A claim about the quality or performance of a product may be completely false or exaggerated. Or an advertisement may claim benefit of a products without providing any clue for evaluation of the price as, for instance, 30 per cent reduction in the regular price when the fact is that the seller has never sold the product before or no reduction has in fact been effected.

15

Advertising creates artificial needs by manipulating peoples motivational impulses. Consumer are exposed daily to a variety of messages in newspapers, magazine, and on radio, television, billboards and show cards, and these develop in the average person a desire to acquire products and services which otherwise would not be needed. Research in consumer behaviour suggests that people perceive advertised products to be of higher value and show more willingness to buy them then unadvertised products. The consumers capacity to make informed decisions is eroded by persuasive techniques adopted by the advertiser. Often the choice of a product is determined not by its actual characteristics but by its image as perceived by the consumer. Advertisers mix reality and fantasy by creating a false image about a product that makes it difficult to draw a line between what ones real needs are and careless buying. Advertising is a highly powerful mechanism that affects thought process and purchasing decisions. Much of todays advertising has the effect of distorting societys values and priorities and placing overemphasis on the pursuit of material satisfaction. There is a growing concern in Malaysia about the way some producers use unethical advertising techniques so that their products sell. Whether a product is useful, safe and of good quality is not important to many of them.

16

THE FIVE CONSUMER RESPONSIBILITIES

While the 8 universal consumer rights fundamentally safeguards consumer welfare and interest, consumers themselves also have an important role to play to ensure a healthy social economic balance and sustainable progress. 1. CRITICAL AWARENESS The responsibility to be more alert and questioning about the price and quality of goods and services we use. Consumers must be careful and wary in selecting and purchasing medicines especially for those who practice self-medication. 2. ACTION The responsibility to assert ourselves and act to ensure that we get a fair deal. As long as we remain as passive consumers, we will continue to be exploited. Ask your healthcare professionals about your medications and take redressal actions if youre being cheated or exploited. 3. SOCIAL CONCERNS The responsibility to be aware of the impact of our consumption on other people, especially disadvantage or powerless groups whether in the local, national or international community. 4. ENVIRONMENTAL AWARENESS The responsibility to understand the environment consequences of our consumption. Consumers should recognize their individual and social responsibility to conserve natural resources and protect the earth for future generations. When disposing unused or expired medicines, consumers must take proper care and measures so as not to pollute the environment.

17

5.

SOLIDARITY The responsibility to organize together as consumers to develop the strength and influence to promote and protect our interest. POLICIES AND STRATEGIES OF THE ENFORCEMENT DIVISION It must be noted that the Government is committed to develop, strengthen and maintain a strong consumer protection policy. The establishment of the Ministry of Domestic Trade and Consumer Affairs is the testimony. Accordingly, the Division is committed to protect consumer interests. The Division's philosophy of consumer protection is to sustain economic efficiency and social justice taking into account: i. ii. the conflicting of interests between the consumers and the traders; the imbalances in economic power, bargaining power and education level between the consumers and the traders where the consumers are at a disadvantage in the market place; iii. iv. consumers should obtain optimum benefit from their limited economic resources; consumers should not be deprived of their basic rights, namely:

the right to basic necessities at reasonable price; the right to safety;

the right to greater range of choice among products and services at reasonable price; the right to adequate information to enable them to make right choices according to individual needs;

the right to adequate compensation and effective consumer redress;

the right to form consumer groups or organizations and the opportunity to present their views in decision-making processes affecting them;

the right to consumer education; and the right to safe and healthy environment.

18

Traders should not be deprived of their basic rights, namely the right to profit with social responsibility; and consumer protection measures should not be in any way a barrier to the development of trade and industry but as a means to promote it. In sustaining economic efficiency, the Division will intensify efforts to correct the imbalances in the market place. Factors which cause market imperfections are identified, corrected and prevented from recurring. In sustaining social justice, the Division will intensify efforts to ensure both the consumers and traders are diligent and possess a high sense of discipline and dedication in carrying out their responsibilities. In this respect, the Division's policies and strategies are:

to solve comprehensively all issues within its jurisdictions which are affecting the economic efficiency and social justice and those which are likely to affect them in the future;

to facilitate the move towards a more resilient society, namely, a society that accords due importance to social justice and strives to redistribute wealth fairly as spelt out in Vision 2020. With the hope that very soon the traders, on the one hand, deal fairly, honestly,

openly and decently with their customers where their right to reasonable profit is acknowledged and respected, while on the other hand, the consumers are in a position to control their own lives namely, able to make decisions and exercising choices based on sufficient and accurate information; having real influence on matters which directly affect them; having the right to basic necessities at reasonable price, healthy environment and having access to effective redress mechanisms.

19

COSUMER MOVEMENT.
The consumer movement is about 5 important things. Firstly, the consumer movement is about people. People who are about society from a very special perspective, a perspective that concerns every single human being, man, woman and child, the hawker, the doctor, even the lawyer and politician. This perspective is about ourselves as consumers about the food we eat, the drink we take, the medicines we use, the products and service we get or don't get. It is also about those who try because the put profits before health, to manipulate our behaviors against our self interest, through advertising and through the power they have to impose deprivations on us. (A.H Ahmad Sarji :1978:48) Secondly, the consumer movement is also about power. Power of the ordinary people to organize themselves collectively to serve as a countervailing force to promote and protect our interests as consumers to help us fight the violence, waste and manipulation that characterize so many of our societies.(A.H Ahmad Sarji: 1978:48-49) Thirdly, the consumer movement is also about human rights. Humans right about the right to a decent life with dignity and the right to organize ourselves as consumers. In particular, the consumer movement is about eight specific consumer rights. They are the right to basic needs which means the right to basic goods and services which guarantee survival. It includes adequate food, clothing, shelter, health care, education and sanitation. (A.H Ahmad Sarji:1978:50) The rights to safety which means the right to be protected against products, production processes and services which are hazardous to health or life. It includes concerns for consumers' long-term interests as well as their immediate requirements. The right to be informed which means the right to make an informed choice or decision. Consumers must be provided with adequate information enabling them to act wisely and responsibly. They must also be protected from misleading or inaccurate publicity material, whether included in advertising, labeling, and packaging or by other means.

20

The right to choose which means the right to have access to a variety of products and services at competitive prices, and in the case of monopolies, to have an assurance of satisfactory quality and service at a fair price. The right to be heard which means the right to advocate consumers' interests with a view to their receiving full and sympathetic consideration in the formulation and execution of economic and other policies. It includes the right of representation in governmental and other policy-making bodies well as in the development of products and services before they are produced or set up. The right to redress which means the right to a fair settlement of just claims. It includes the right to receive compensation for misrepresentation of shoddy goods or unsatisfactory services and the availability of acceptable forms of legal aid or redress for small claims, where necessary. The right to consumer education which means the right to acquire the knowledge and skills to be an informed consumer throughout life. The right to consumer education incorporates he right to the knowledge and skills needed for taking action to influence factors which affect consumer decisions. The right to a healthy environment which means the right to a physical environment that will enhance the quality of life. It includes protection against environmental dangers over which the individual has no control. It acknowledges the need to protect and improve the environment for present and future generations. Fourthly, the consumer movement in also about the environment. Environment about a sustainable earth. We cannot just be concerned serving and protecting the insides of our bodies, our "inner limits", but we also have to equally to be concerned with the "outer limits" of mother-spaceship earth, a powerful complex and yet so fragile, an exploitable structure that gives us the opportunity or a good life but which can be destroyed not by people's needs but by people's greed, ignorance and carelessness.

21

Fifthly, and lastly, the consumer movement is also about justice about the way in which our political, legal and economic systems are organized to bring about a fair, a just and equitable and rational basis to promote and protect the public interest.

THE CONSUMER MOVEMENT IN MALAYSIA

An occasion like this cannot be allowed to pass without some specific comments on the consumer movement in Malaysia. Malaysia fortunately, has much to be proud of: Firstly, we are one of the few countries to have a fully fledged Ministry dealing with consumer affairs. The Malaysian government clearly takes consumer protection seriously. Secondly, the framework for national, state and local consumer councils is also quite rare. The vision of making consumer protection decentralized and participatory is very good. It's a good new idea so it will take time to root but it is in the right direction. Thirdly, consumer groups are uneven in their size and ability but we have a lively scene. The Consumers' Association of Penang (CAP) is a world class citizens' movement and there are several others that do very creditable work, particularly the consumer associations in Selangor, Pahang and ERA Consumer in Ipoh. FOMCA, the Federation of Malaysian Consumers Association, does the difficult job of liaison and coordination and if you look around the third world countries and view its activities in that context, even FOMCA is quote an achievement. Its recent selection as the NGO Research Centre, with the support of the United Nations development Programme, gives it new opportunities and challenges. (Shenoy, G V & Sulaiman, Mohamed :1994:119). Fourthly, the school system is beginning to incorporate consumer education. We need more books, more activity ideas, and more teachers who know how to develop this but an important beginning has been made. Fifthly, the International Organisation of Consumers Unions (IOCU) has its Asia Pacific office in Malaysia. It has provided training and documentation services for many countries. We are also therefore, a regional leader and can build on this role with advantage.

22

To many groups in the Third World for whom just survival is victory, Malaysia is a precious model of what can be done. A critical, constructive, humanistic and ecological approach can be a constant source of guidance and inspiration for the rest of the world, guidance and inspiration so badly needed in many countries where corrupt governments in league with greedy business interests do not like to see a strong consumer movement (unless, of course, they can run it themselves). In many parts of the world, consumers are not able to exercise their rights or even know they exist. The law should protect and promote these rights and sometimes even more critical, the right to organize around them. But laws are only a reflection of the state of our society a violent, corrupt, manipulative society will breed laws that serve it. Laws can prevent and subvert justice and they can become a powerful instrument for systematic repression. Laws do not mean justice, no do they imply automatic action. There must be safeguards and the ultimate safeguard must be a critical, informed, active citizenry that is rooted in strong, clear, humanistic and ecological principles that can provide a unifying bond for our pluralistic society. To be active, informed, and critical involves commitment, organization and courage. (Nagiah Ramasamy: 2008) Consumers Association of Penang (CAP) Consumer Association of Penang giving a voice to the little people. That is the objective of the Consumers Association of Penang. And thats what we have been doing since our establishment in 1970. CAP is a consumer organization with a difference. Fighting for fair prices and good quality products and services is just one of our many activities. Our main concern is ensuring the right of every consumer to basic needs such as food, housing, health care, sanitation facilities, public transport, education and a clean environment. We want to encourage within the people - especially the poor whose needs often go unnoticed - the spirit and the confidence to represent their case to government, to the public and to the private companies that oppress them.

23

Objectives

To educate consumers, balance consumer needs and degree of protection and to provide relevant consumer rights and entitlements. To advice individual consumers and protect their rights. To ensure prices of goods are fair and appropriate with relevance to its quality and value. To work with the existing laws in order to protect consumers interest and general health. To encourage the involvement of society and citizens (consumers) in the consideration, standardization and basic provision of their rights. To work towards ensuring production of high quality products. To study the fluctuations in the market with regards to the factors affecting it, and to advice or make suggestions to the ministry and organizations involved in the business and commercial sectors.

To carry out activities such as the publication of bulletins and ceiling price lists, as well as forming market organizations and consumer clubs. Section in CAP Research Section Has various subsections, each focusing on specific issues such as health and nutrition, food and product safety, pharmaceuticals, basic needs, environmental problems, market malpractices, finance, workers rights, unethical advertising practices, culture and lifestyle, and issues related to women. Studies and surveys on these issues are carried out and sometimes, tests are conducted to check the safety and quality of foodstuff and consumer products.

24

Community And Rural Section Works with communities such as plantation workers, fishermen, farmers, rubber smallholders, tenants and squatters, etc and helps them articulate problems related to their livelihood and living conditions. Also provides them with basic consumer education on issues such as food, nutrition and health. This is done through talks, discussions, house-tohouse counseling, slide shows and exhibitions. Education Section Provides consumer educaton for many groups, including school and college students, teachers, women and youth groups, and religious organizations. Organizes seminars, workshops, exhibitions and drama competitions on consumer issues. Attention is particularly given to school students as they are the future parents and policy makers. The section has helped to set up consumer clubs in more than 200 schools in Penang and other states. Through its consumer education programmer, CAP hopes that a new generation of conscious, concerned and committed citizens will emerge. Complaints Section Handles complaints from the public on all kinds of issues (e.g.: poor quality products and services, food adulteration, tenancy problems). About 3,000-4,000 complaints are received annually through the mail, by phone and personal visits from irate consumers. Legal Section Handles public interest cases and represents communities in need of legal assistance. Works closely with the Complaints Section to provide legal advice to consumers and to monitor laws that affect consumers.

25

FOCUS

ON

SOME

OF

THE

LEGISLATIONS

ENFORCED

BY

THE

ENFORCEMENT DIVISION The Price Control Act 1946 The legislation provides the Government with the necessary power to control the prices of goods which includes the power:

to fix the maximum prices of the goods including second-hand goods either at wholesale or retail level; to fix the maximum charges for the delivery of the goods; to fix the maximum charges for any services relating to the supply, repair, maintenance, packing, carriage or storage of the goods; and in relation to a hire purchase transaction of any goods, to fix the maximum charges that may be made for the hire of the goods, the interest and the maximum total price of the goods; Obviously, this legislation is promulgated with the objective to enable the

Government to control the prices of goods by the forces of law. Rightly, such power should only be exercised when other administrative measures are found to be ineffective in combating excessive profiteerings or to ensure the stability of the prices of essential goods. Currently, the power to fix the maximum price of goods conferred under this Act is exercised only in respect of specific grades of rice. Administrative measures are taken effectively in ensuring the stability the prices of other essential goods. Section 3(1) of the Act provides the power to the Yang di Pertuan Agong to appoint a Price Controller and a Deputy Price Controller for the purpose of the Act. In exercising this power, the Yang di Pertuan Agong has appointed the Director and Deputy Director of the Enforcement Division as Price Controller and Deputy Price Controller respectively. Section 13(1) of the Act, confers the Price Controller, with the approval of the Minister, to make Order requiring the manufacturers, importers, producers,wholesalers or retailers to

26

prescribe marks or labels to be displayed on or in relation to any goods. In exercising this power, the Price Controller, with the approval of the Minister, has made the following Orders: The Price Control (Indications of Prices by Retailer) Order 1993 This Order requires retailers to indicate the price on all goods displayed either for sale or as sample of goods for sale at his business premises. The price indication shall be the cash price of the goods in Malaysian Ringgit and shall be of such size and colour so placed as to be sufficiently conspicuous to any person intending to purchase them. Where the nature or size of the goods is such that it is not possible to affix labels, tags or marks on them, it is sufficient for the retailer to display a price list indicating the designation of the goods and their cash prices. In other cases, the Price Controller, with the approval of the Minister, is given the power to exempt any goods from the requirement of the order subject to such conditions as he may impose. For the purposes of this order, goods include all chattels personal other than things in action and money.

The Price Control (Labelling by the Manufacturer, Importer, Producer or Wholesaler) Order 1980 This order requires the manufacturer, importer, producer or wholesaler of pre

packed goods to indicate the following information on such goods:

the appropriate designation of the goods; the minimum weight, quantity, amount or capacity of the goods in the wrapper, bag or container, as the case may be, expressed in terms of metric unit; the name and address of the manufacturer, producer or wholesaler as the case may be and in the case of imported goods the name and address of the importer as well as the country of origin of the goods;

27

in the case of animal feed and fertilizer, the chemical composition, quantity or proportion of the chemical composition in such animal feed and fertilizer. For fertilizer mixtures, the sources and parts of the ingredients should be expressed in hundred parts or percentage;

in the case of cement, the indication shall include a statement that the cement conforms in substance to the standard specification of the cement of Malaysia; in the case of powdered milk, the recommended retail price of the goods shall also be indicated. For this purpose, recommended retail price means the price recommended by the manufacturer, importer, producer or wholesaler for supply by retail in the area where the goods are sold or offered for sale. The purposes of this order are, firstly to ensure consumers are accessible to

adequate information to enable them to make right choices according to individual needs. In other words they can compare the prices of the goods and able to know exactly what they are buying. Secondly, the prices of goods could easily be monitored and this may assist the authority in curbing excessive profiteerings AnyPerson who fails to comply with this Act shall, on conviction be liable to a fine not exceeding RM15,000.00 or to imprisonment for a term not exceeding two years or both for the first offence. For the second and subsequent offence the penalty is a fine not exceeding RM25,000.00 or imprisonment not exceeding five years or both. In the case of body corporate, the penalty is a fine not exceeding RM25,000.00 for the first offence and a fine not exceeding RM50,000.00 for the second and subsequent offence.

28

The Control of Supplies Act 1961 The enforcement of this legislation serves to facilitate the production and efficient distribution of essential goods to ensure the availability of supplies at reasonable prices. The Act confers power to the Government to regulate, control or otherwise prohibit the manufacture, the distribution, the sale and the storage of any goods. In exercising the power conferred under this Act, the Government has declared 20 essential goods listed in Appendix B as "Controlled Articles" throughout the year while 25 other essential goods listed in Appendix C as "Controlled Articles" during festive seasons. Any dealings in these essential items are subject to the provisions of the Act and the directives of the Controller of Supplies. Basically, the provisions of the Act and any directives of the Controller of Supplies relate to matters to ensure the availability of supplies at all times and to prohibit any form of unethical marketings and sales practices such as hoarding, refusal to sell and imposition of illegal conditions. The Act also confers power to the Minister to make specific regulations for stricter control of any "controlled articles". In exercising this power, the Control of Supplies Regulation 1974 was made. Currently, 10 "controlled articles" listed in Appendix D are declared as "Scheduled Articles" under this Regulation. No person shall deal in any of these articles unless under and in accordance with licence issued under the Regulation. Failure to comply with any provision of the Control of Supplies Act 1961, the Control of Supplies Regulation 1974 or any directive issued by the Controller is an offence under the Act and on conviction shall be liable to a fine not exceeding RM15,000.00 or to imprisonment for a term not exceeding two years or both for the first offence. For the second and subsequent offence the penalty is a fine not exceeding RM25,000 or imprisonment not exceeding five years. In the case of body corporate, the penalty is a fine not exceeding RM25,000.00 for the first offence and a fine not exceeding RM50,000.00 for the second and subsequent offence. The Trade Descriptions Act 1972

29

The Trade Descriptions Act 1972 is an Act to prohibit:

misdescription of goods provided in the course of trade or business; false or misleading indication as to the price of goods in the course of trade or business; misleading statement as to any services, accommodation or facilities provided in the course of trade or business; false or misleading statement or indication relating to to protect the consumers from being supplied with counterfeit products or products, services, accommodations and facilities which are hazards to their health and safety;

The Act also confers power to the Minister :

to assign the definition of any expression used in relation to any goods; to impose requirements for securing that goods are to be marked or accompanied with specific information or instruction; and to require specific information or instruction to be included in advertisement.

The enforcement of this Act serves:

to protect the consumers from being supplied with counterfeit product or products, services, accomodations and facilities which are hazards to their health and safety; protect the economic interests of the consumers; to encourage high levels of ethical conduct for those engaged in the production and distribution of goods and services; to protect the consumers from false or misleading advertisements; To protect the consumers from false or misleading information which would affect their choices; and to protect the economic interests of traders, namely against unfair competitions including product counterfeitings and trademark infringements.

30

The approach taken under this legislation in relation to trade descriptions are as follows:

what constitutes a trade description is defined under section 4 of the Act. This includes anyexpression or indication, in whatever manner used, in relation to the nature or designation of the goods, quantity, size or gauge of the goods, method of manufacture, production, processing or reconditioning of the goods, fitness for purpose, strength, performance, behaviour or accuracy of the goods, place or date of manufacture, production, processing or reconditioning of goods, other history including previous ownership or use of the goods, the person who manufactured, produced, processed or reconditioned the goods, any claim relating to the testing of the goods by any person and the result thereof, any claim relating to the approval, or conformity of the goods to any person, other quality of the goods and any other physical characteristics of the goods;

any trade description which is false to a material degree is a false trade description. The test whether a trade description is false or otherwise is on the layman. If he is misled by the trade descriptions then that trade description is false;

any person who, in the course of trade or business, applies a false description to any goods or supplies or offer to supply any goods to which a false trade description is applied commits an offence under the Act. Exposing goods for supply or having goods in possession for supply shall be deemed to offer them for supply.

The approach taken under this legislation in relation to the price indication is as follows:

strict prohibition of any form of false price indications; and regulating "cheap sales".

31

In regulating "cheap sales", a subsidiary legislation namely, Trade Descriptions (Cheap Sale Price) Regulation 1987 was made. The Regulation: Defines "cheap sales price" as the price of goods which is indicated in any manner to be less than the price at which the goods or goods of the same description were previously supplied or offered to be supplied. A person is said to be offering to supply goods at cheap sales price if he uses the expression "sale" or any other indication likely to be understood as indicating that the goods are offered at a price less than the price at which they were previously supplied or offered to be supplied; and regulates cheap sale activities as follows: a. no person shall supply or offer to supply goods at cheap sale price except with and

in accordance with a written approval. Such approval shall not exceed 4 times in any calendar year; b. an application for the approval of supply or offering to supply goods at cheap sale

price must be submitted to the Enforcement Division of the Ministry at least 30 days prior to the date of the commencement of the supply or offer to supply goods at cheap sale price and in the manner as set out in the Regulation; c. the previously offered price and the cheap sale price of the goods shall be displayed

when supplying or offering to supply goods at cheap sale price. For this purpose, the previously offered price means the lowest price at which the goods or goods of the same description were supplied or offered to be suppliedon the same premises during the 30 days immediately prior to the date of commencement of the supply or offer to supply goods at cheap sale price; d. the written approval for the supply or offer to supply goods at cheap sale price shall

be prominently displayed at the business premises; and

32

e.

approvals for cheap sale shall not exceed 4 times in any calendar year and each

duration of cheap sale shall not exceed 30 days. In prohibiting false or misleading statement as to services, accommodation, facilities and the charges in respect thereof, the Act strictly prohibits any person from making false or reckless statement or a statement which is likely to deceive or mislead any person relating thereto. To prohibit trademark infringements and passing of section 16 of the Act provides an avenue for the proprietor or registered user of a trademark or the owner of a trade or other mark or get up for any goods or services to obtain redress. The High Court may on application of such person make a Trade Description Order declaring that infringing trademark or other mark or get up shall, for the purposes of the Act, be deemed to be a false trade description.

33

The following marking orders were also made by virtue of the power conferred under the Act in the interest of the consumers:

Trade Description (Smoking Danger Warning) Order 1977 This Order prohibits any person from supplying or offering to supply any cigarettes unless the warning "AMARAN OLEH KERAJAAN MALAYSIA MEROKOK MEMBAHAYAKAN KESIHATAN" is indicated on the packet or container of such cigarettes.

Trade Description (Marking of Food) Order 1975 This Order prohibits the supply of Halal meat and offals unless it is marked by a label, tag or any other form of marks indicating that such meat or offals are Halal. The Order also requires uncooked meat or offals to be indicated as to whether they are fresh, chilled or frozen.

Trade Description (Use of Expression Halal) Order 1975 The Order prohibits the use of the expression "Halal", "Ditanggung Halal", "Makanan Islam" in relation to foods unless:

a. Syarak; b.

the food is free from any parts or matter of an animal that a Muslim is prohibited by

Hukum Syarak to consume or that has not been slaughtered in accordance with Hukum

the food is free from any thing which is considered to be impure according to

Hukum Syarak; c. the food has not been prepared, processed or manufactured using any instruments

that was not free from any thing impure according to Hukum Syarak; and d. in the course of preparation, processing or storage, the food has not been in contact

with or close proximity to any foods that is considered impure according to Hukum Syarak.

34

The Order also prohibits the use of any other expression relating to foods if such expression indicating or likely to be understood as indicating the Muslim are permitted to consume such foods unless the foods meet the definition "Halal". Failure to comply with any provision of the Act or any Order or Regulation made thereunder is an offence under the Act and on conviction shall beliable to a fine not exceeding RM100,000.00 or to imprisonment for a term not exceeding three years or both for the first offence. For the second and subsequent offence the penalty is a fine not exceeding RM200,000.00 or imprisonment not exceeding six years or both. In the case of body corporate, the penalty is a fine not exceeding RM250,000.00 for the first offence and a fine not exceeding RM500,000.00 for the second and subsequent offence. The Copyright Act 1987 Copyright is basically the system of economic and moral rights granted by law to writer, composer and other creators of works of the mind as such rights do not subsist otherwise than by virtue of a legislation. In this respect, the Copyright Act 1987 of Malaysia specifies works of the mind which are eligible for copyright protection, the qualification for copyright protection and the nature of copyright protection. Works of the mind which are eligible for copyright protection under the Act are literary works which include computer programs and compilation of computer programs, musical works, artistic works which include the work of architecture, films, sound recordings, broadcasts, published edition of the literary, artistic or musical work and derivative works in the form of translations, adaptations, arrangements, collections and other transformations of the above mentioned works. The basic qualifications for copyright protection under the Act are firstly, the works must be original in character and secondly, the work has been written down, recorded or otherwise reduced to material form. Other qualifications for copyright protection are listed under section 10 of the Act. In this respect, it must be noted that by virtue of the power conferred under section 59A of the Act, the Minister, has by

35

regulations, namely the Copyright (Application To Other Countries) Regulations 1990, extended the application of the Act to works of Berne Convention countries on the principle of giving national treatment to works created by the citizens of, or permanent residents in such countries and works made or first published in such countries. The nature of copyright protection provided under the Act is as follows:

Granting the exclusive rights to the authors of the works, namely: a. in the case of a literary work, a musical work, an artistic work or a derivative work

thereof, a film or a sound recording, the exclusive rights to control in Malaysia the reproduction in any material form, the performance, showing or playing to the public, the broadcasting, the communication by cable; and the distribution of the copies of the work to the public by sale, rental, lease, or lending of the whole works or a substantial part thereof; b. in the case of broadcasting, the exclusive rights to control in Malaysia the

recording, the reproduction and the rebroadcasting of the whole or a substantial part of the broadcast. It also includes the rights to control the performance, showing or playing to the public in a place where an admission fee is charged of the whole or a substantial part of a television broadcast either in its original form or in any way recognizably derived from the original. c. in the case of published edition of a literary, artistic or musical work, the exclusive

right to control in Malaysia the reproduction of the typo graphical arrangement of the edition These exclusive rights are time-limited, transferable and and subject to exceptions. They subsist on creation of the work and shall continue to subsist, generally, until 50 years after the death of the author. The The copyright shall vest initially in the author and shall be transferable by written assignment, testamentary disposition or by operation of law as movable property;

36

specifying matters which are are excluded from the exclusive rights to the authors on the principle of fair dealing and of public interests as under sections 9(4), 9(5), 13(2), 15(2) and the proviso of section 14 of the Act. This includes the provisions relating to establishment and functions of Copyright Tribunal as in Part V of the Act;

specifying matters which are classified as copyright infringements which include the procedures for redress. In this respect, copyright is infringed by any person who does, or causes any person to do, without the licence of the owner of the copyright, an act the doing of which is controlled by copyright under the Act. An infringement of copyright shall be actionable at the suit of the owner of copyright.

specifying matters which constitute an offence under the Act as under section 41, 48 and 52 of the Act; and

specifying matters relating to enforcement of the Act which include matters relating to the appointment of officers for the purpose of enforcement of the Act, the enforcement procedures and the penalty that may be imposed on conviction for an offence under the Act or regulations made thereunder.

37

The Direct Sales Act 1993 The Direct Sales Act 1993 is a new legislation which came into force on I June 1993. The objective of the Act is to regulate door to door sales and mail order sale. The Act classifies door to door sales and mail order sales as "direct sales". Two approaches are taken to regulate direct sales under this Act. Firstly, the Act prohibits any person from carrying on direct sales business unless the person is in possession of a valid licence issued under the Act. Secondly, no person shall be licensed under the Act unless the person is a company incorporated under the Companies Act 1965 and the scheme of direct sale he is carrying on is not the type known as pyramid scheme where a participant receives a reward or consideration based primarily on the number of other participants he manages to induce to join the scheme. The volume or quantity of sales has little or no relevance in computing the amount or value of such reward or consideration. For these purposes the Act:

specifies procedures relating to the submission of application a licence to carry on direct sales business processing of the application and the procedure of appeal;

confers power to make regulations on licensing procedure and other matters relating thereto including the appointment of officers for carrying out functions under the Act and imposing licensing conditions;

sets out the types of direct sale business and the manner of carrying on direct sale business which are prohibited;

specifies offences under the Act and the enforcement procedure including the power of officers to enter premises, to inspect and seize goods and documents and to conduct investigations and prosecutions;

38

empowers the Minister to exempt certain persons or classes of persons or certain direct sale businesses from the provisions of the Act including setting out the grounds which may be used in giving the exemption; and

specifies matters relating to form and contents of contract. The Regulations namely the Direct Sales Regulations 1993 was made by virtue of

the powers conferred under the Act. These Regulations set out in detail the procedure of submission of the application for a licence under the Act, procedure to be followed by an aggrieved party in submission of an appeal relating to his application for a licence, the manner in which door to door sales should be conducted, the code of ethics to be followed by those engaged in direct sales and the maintenance of records. By virtue of the power conferred under the Act the Minister exempts any individual from all provisions of the Act if the business of direct sales he is to carry is only in respect of goods or services of a value not exceeding RM50.00 per sale. The objectives of regulating direct sales are to protect the consumers against unethical business practices including aggressive sales techniques and to ensure the healthy growth of the direct sales industry.

HOW TO MAKE COMPLAINT ?

39

Consumers who want to make complaints are welcome to do so. Download the complaint form and fill in all the particulars required. You should state your complaint briefly but clearly, giving all the relevant information. We expect consumers to have tried to resolve the complaint on their own. If you have not done this, you should do it first. Many complaints can be settled this way. But if you have tried and failed, tell us exactly what you had done. Your complaint must be supported by relevant information, e.g. invoices, bills, receipts, repair or service documents. Where you may not have such documents, e.g. if your complaint is about a bus or taxi service, you must state the date, time location of incident and most importantly the vehicle registration number. The complaint form duly filled in and signed, together with clear photocopies of the relevant documents, should be sent by e-mail to info@cap.org.my post or fax to: The Consumers Association of Penang, No. 10, Jalan Masjid Negeri, 11600 Penang. (Fax no. 04-8298109). We endeavour to resolve consumers complaints, but do not guarantee that every complaint can be resolved. There is also no time-frame for resolving complaints as their nature and complexity vary. Sometimes after receiving a letter from us, the party complained against may choose to deal directly with the complainant and resolve the matter. If this happen the consumer must give his co-operation and inform us so that we can close our file.

CONSUMERISM

40

Consumer Association of Penang (CAP) Ensures that the rights of every consumer to basic needs such as food, housing, health care, sanitation, public transport, education and a clean environment. 10 Jalan Masjid Negeri 11600 Penang Tel: 04 8299511 Fax: 04 8298109 Consumer's Association of Perlis Aims to make the public aware of their rights and responsibilities as consumers and to educate them to be good consumers through talks, seminars, workshops. No 102, 2nd Floor Persiaran Jubli Emas 01000 Kangar Tel: 04 9764136 Fax: 04 9764136 Consumer's Association of Miri Aims to make independent, authoritative and balanced assessments of consumer's needs and the degree of consumer protection and assistance to be provided. Advises consumers and protects their rights and interest in relation to quality, measure, value of goods and services. SWFI Center, 380 Jalan Jee Foh Utama, Krokop 98000 Miri

41

Sarawak Tel: 085 662193 Fax: 085 662193 Consumer's Association of Sabah and Labuan Federal Territory (CASH & LFT) Aims to ensure the rights and responsibilities of consumers, and to advice consumers and help solve their complaints relating to consumer issues. Rumah 44, Lot 162, Jalan Pusat Pembangunan Masyarakat Taman Sempelang-Sembulan 88855 Kota Kinabalu Sabah Tel: 088 234 616 Fax: 088 234616 Consumers International Regional Office for Asia and the Pacific Presents people's concerns and initiatives for better health which includes traditional and indigenous approaches, and reinforcing the principle of health as a broad, cross-cuting issue. 250 Jalan Air Itam 10460 Penang Tel: 04 2291396 Fax: 04 2286506

Education and Research Association for Consumers (ERA Consumer Malaysia)

42

Educates consumers on basic consumer rights. Undertakes independent, authoritative and balanced research on consumer needs, and educates consumers through information dissemination. No 24 Jln SS1/22A 47300 Petaling Jaya Selangor Darul Ehsan Tel: 03 78764648 / 78774741/ 78760520 Fax: 03 78730636 E-mail: eracons@po.jaring.my Website: www.eraconsumer.org Federation of Malaysian Consumers Associations (FOMCA) Aims to strengthen the growth and spread of the organised consumer movement in Malaysia, and resolve consumer issues and promote the rights of consumers. Promotes through the purchasing power of consumers a 'need-oriented' development that will ensure socio-economic justice and environmental quality of life for all. No 8, Jalan SS 1/22A 47300 Petaling Jaya Selangor Tel: 03 7762009 Fax: 03 7771076 Email: fomca@pc.jaring.my

43

Kelantan Consumer's Association Aims to defend and protect the rights of the consumer and to educate the public on consumerism. 8 Tingkat 1, Bangunan Astaka Stadium Sultan Mohd Ke-Empat 15200 Kota Bahru Kelantan Tel: 09 7444828 Fax: 097479798 Kinta Consumer Association Perak Aims to protect consumers' legitimate interest and work for the adoption of laws to protect consumer rights, education and environment. Works for the maintenance of standards and quality in goods and services, and make recommendations to the Government pertaining to consumer's rights. No 1, Jalan Lumut Lim Garden 30100 Ipoh Perak Tel: 05 5277898 Fax: 05 2552296 Muslim Consumers Association Malaysia Implements quality standard for Islamic products. No 33B-8-1, Villa Putera Condominium Jalan Tun Ismail 50480 Kuala Lumpur

44

Tel: 03 4045 7322 Fax: 03 4045 7323 Negeri Sembilan Consumer's Association Aims to create awareness on consumer's rights and roles, handles compliants from consumers, protects consumers from being cheated and educate consumers on ways to control and overcome inflation. No 28, Sim Garden Jalan Dato Abdul Malik 70000 Seremban Negeri Sembilan Tel: 06 7628044 Fax: 06 7628044 Pahang Association of Consumers Organises and unites consumers, collates and distributes information to consumers to enable them to make informed decisions and ensures safe and adequate provision of products, services and natural resources for all consumers. P.O Box 273 2118 Jalan Sekilau 4 Off Jalan Haji Ahmad 25300 Kuantan Pahang Tel: 09 5145693 Fax: 09 5143307 Email: consumer_pahang@hotmail.com

45

Perak Consumers' Association Aims to make independent, authoritative and balanced assessments of consumer needs and the degree of consumer protection and assistance which ought to reasonably be provided. Advises consumers and protects his/her legitimate interests and works for the adoption of laws of a comprehensive nature to protect the private consumers interests and public health.

29A, Regat Dato' Mahmood Off Jalan Pasir Puteh 31650 Ipoh Perak Tel: 05 253 4058 Fax: 05 242 6749

46

CONCLUSION
As a conclusion we would like to tell that consumer rights are now an integral part of our lives like a consumerist way of life. They have been well documented and much talked about. We have all made use of them at some point in our daily lives. Market resources and influences are growing by the day and so is the awareness of one's consumer rights. These rights are well-defined and there are agencies like the government, consumer courts and voluntary organizations that work towards safeguarding them. While we all like to know about our rights and make full use of them, consumer responsibility is an area which is still not demarcated and it is hard to spell out all the responsibilities that a consumer is supposed to shoulder. As a consumer we must have a broad thinking to survive in this world as a responsible consumer.

WE BORN AS A CONSUMER AND DIE AS A CONSUMER

47

48

CONSUMER NEWS EXAMPLES :

TOP FIVE TOUR AGENCY WITH HIGHER NUMBER OF COMPLAINTS

Top five tour agency with higher number of complaints

ANDALAS TRAVEL & TOURS SDN.BHD. WWW BEST HOLIDAY SDN.BHD. EXCELLENCE HOLIDAY SDN.BHD. GOLDEN CENTURY TOURS & TRAVEL MY EZY VACATION SERVICES (M) SDN.BHD.

Nature of complaints received: 1. 2. 3. 4. 5. 6. 7. Last minute cancellation Misleading Advertisement Hidden Charges Lengthy period in returning cancelation deposits Change of Itinerary at Destination Misrepresentation by agents at the selling point Not satisfied with the overall package offered

PERODUA SERVICE CENTER

49

Dear Sir / Mdm, I wish to enquire that do i have the right to ask for the compensate from perodua service center? What kind of compensate i can request from them ? The reason i make this complaint is because i send my car "VIVA" to Perodua service center to check alignment and service. My car was drove by the Technician for test drive and he hit my car to the lorry and now my car is put in the workshop at Perodua. I hope that i can get the reply as soon as possible and what action i can do on it ? Thank you. Complainant NCCC : The above complaint was sent to Perodua for immediate action and below is the response. Credit to Perodua customer service team from NCCC. Keep up the good work guys. Good afternoon Mr. Darshan, We are pleased to inform that our service centre has managed to settle the issue amicably with the customer in a meeting held at Perodua Ipoh1 Service Centre last Friday. Below are the solutions as agreed by both parties (in writing). All cost of repairs inclusive of parts and labor amounting to RM3,675.70 is borne by the contractor Giulia Energy* as the party held responsible for the incident and to be paid cash to Perodua upon the discharging of the said vehicle to the customer tentatively on Tuesday,15/7/08. Compensation/goodwill of RM1,000.00 nett (after negotiation/final amount) for the 10 days loss of use, hardship and other necessary cost incurred and claimed by the customer/plaintive, paid by the contractor Giulia Energy.( Payment made immediately to the customer/plaintive via Public Bank cheque no 055732 dtd 11/7/08 amounting to RM1,000.00) As for Perodua, we have given the assurance to the customer that all the necessary repair and replacement of genuine parts and the quality of the materials and spray works are done according to the standard. We have also given the assurance to the customer that their warranty terms and conditions of the vehicle and other mechanical and major parts such as the engine, gear box etc remains and follows accordingly with their existing 3+1 warranty programme. Note: Giulia Energy is our appointed in-house contractor for Perodua Ipoh1 Service Centre. Hope that the above would be satisfactory at your end. Please let us know should you need further clarification. Regards, Customer Relations Department

ASTRO, PLEASE IMPROVE YOUR BILLING SYSTEM

50

My family was an Astro customer since many years ago.We have decided cancel this service and effective since Nov2007. However, Astro still send bill to my house and urge my family to make the payment.We have stop to pay this back on Apr2008. I call a numbers of call to Astro customer care to claim back the money they owe me. 3 months time, I\'d made more than 10 calls, almost 2 calls a month and now 3-4 calls a week. the customer care agent promise me his/her manager or finance people will call me back and tell me how to pay me back the 4 months bill I have extra paid.Hey man, try imagine that I\'ve been waiting for 3 months and no action making by Astro still. NCCC : This complaint has been forwarded to MCMC for immediate attention and action. Dear MCMC, Subscribers have to go through severe hassle just to deal with Astro customer service. I don't agree with this kind of service. Astro customer service must improve. If previously subscribers were made to pay RM10 penalty, I think Astro must also be made to pay compensation to the complainant for the delay in performing a refund. Can you imagine that this complainant has actually cancelled the service but his parents kept on paying as they were receiving the bills. What is wrong with Astro billing systems? (I have actually interviewed the complainant) Points to Note : 1. "We have decided cancel this service and effective since Nov2007. However, Astro still send bill to my house and urge my family to make the payment. 2. "I call a numbers of call to Astro customer care to claim back the money they owe me. 3 months time, I\'d made more than 10 calls, almost 2 calls a month and now 3-4 calls a week. the customer care agent promise me his/her manager or finance people will call me back and tell me how to pay me back the 4 months bill I have extra paid" 3."Hey man, try imagine that I\'ve been waiting for 3 months and no action making by Astro still. Thank you Darshan Director-NCCC "Treat Others The Way You Want Others To Treat You" Singh

COMPLAINT ON PIZZA HUT SHORTCHANGING CUSTOMERS

51

On 5th July 2008, at 21:30, my family and I had our dinner at Pizzahut Pandamaran, Klang. We occassionally came to this restaurant because it is the nearest pizza hut to our place and my children like to eat pizza. However, there are two things that I want to highlight here based on my visit this time. First: I noticed that once the customers finished eating, the workers rushed to the table and cleaned up the dirty plates and tables for the next customers to seat. However, the way the workers clean up the tables needs to be trained. This is because during the cleaning, they make a lot of noise picking up and stacking the used plates and glasses in front of other customers. We as customers feel very uncomfortable and annoyed with the noise. Second: The second incident happened on the billing. That night we had sensasi delight set 8 plus other things which totaled up RM75.10. Upon checking the bill, I noticed that the restaurant has charged me twice for the service charge and tax for the sensasi delight menu. The price promoted was RM31.00 before tax and service charge; RM35.65 after tax and service charge. However, n the bill it was charged at RM36.00 (extra 0.35)Including other orders the total bill was RM65.30. Surprisingly, I was charged once again for tax and service charge on this total where by right those charges should be on other menu only which prices were before tax and service charge. When I asked the supervisor (I guess) who worn blue uniform, she told me that she can't do anything because the cashier is already set up by the management. What?? Is this the way Pizza Hut cheating its loyal customers? When I recalculated, I should pay only RM69.70. That night I paid an extra of RM5.40. If 100 customers eat the same menu, Pizza Hut will get RM540 easily by cheating the customers. Most of the customers don't aware this because they don't bother to check the bill. But the management of Pizza Hut must be honest to its customers. It is our rights as customers to get clear clarification on this matter. Thank you for your attention. Yours, Concerned Consumer

Ferry System Has To Be Restructured

Tuesday, 13 May 2008

Ferry services from Butterworth to Penang have been operating since 1984, making it the first

52

and oldest passenger ferry in the country. It is undeniable that in recent times, the facilities made available for ferry passenger have seen its days, and may be unsuitable for further use. It remains a fact that since the collapse of the ferry terminal on the 31st July 1988, no major alterations with reference to the comfort of ferry users has been made. Probes by CAP found that seats provided at ferry waiting areas at both terminals were badly damaged, believed not to be an act of vandalism but the deterioration of low quality, flimsy plastic chairs. It was also found that the number of seats made available were not sufficient, especially during peaks hours where ferry passengers drove in large numbers. The crowd and congestion is almost always unsettling. Ceiling fans were another issue at ferry terminals, where poor maintenance has contributed to badly functioning fans, some of which are hardly usable. The consequence this has on ferry users gets more aggravating in the heat of the day and warmer months. It also came to the attention of CAP that ferries which usually require 15-20 minutes for each trip now took 25-30 minutes to cover that same distance. This delay causes passengers to be caught in crowds and congestion at ferry terminals. Although PPSB officials have attempted to upgrade the quality of ferry services with the purchase of two new ferries at the end of 2002, yet the aim of better services with a total of 8 ferries was not quite achieved, as passengers still wait long for their ride. This may be due to the fact that at peak hours, over 300 people utilize ferry services. When a ferry arrives at the terminal and gates are opened to allow passengers in, the situation gets uncontrollable and chaotic, with passengers pushing their way to board. The fright within themif this ferry is missed, the wait for the next one is over 30 minutes away. The narrow exit passage of ferries also causes difficulties for passengers to leave ferries in an orderly manner. Such rush often leads to pushing and shoving, which could cause accidents and injuries. The inconsiderate attitude of attendants at the exit gates only make matters worse, as they roughly shut gates without taking into account the safety of passengers. This may be hazardous and deem ferry services unsuitable especially for pregnant women, the elderly and young children.

Cap has adviced SPPP and PPSB to evaluate and discipline staff working on ferries and terminals, so as to make them follow rules and stick to work ethics. Besides complaints on such staffs which CAP has received, probes into the situation also revealed workers on ferries smoking amidst the crowd while on duty, when in fact smoking rooms are reserved especially

53

for these reasons. Certain staffs were also found to be in untidy attire and incomplete uniforms, which not only pollutes their image as workers but also that of PPSP. Name badges were not worn by many, making it difficult to lodge complaints or take discipline action against them. In addition to this, CAP found that when ferries operated in rainy weather, damages in roofs gave way, causing leaks and seats to be wet. In this not a clear indication of the poor maintenance of ferries? The presence of rats on ferries is another disturbing concern, arising suspicion on the safety of life jackets. There is no guarantee that life jackets were not bitten, causing it damages and making it unfunctional. These life jackets were also found to be packed into plastic bags. Is it not irrational, considering passengers will have to unwrap the packages before putting on jackets in the occurrence of an emergency? PPSB, which now operates 8 ferries has to device a suitable plan in managing with smaller, faster boats to carry passengers. Improvisations need to be made to ferry schedules and timetables, considering the entire year of 2006 saw 2,432,849 people utilizing ferry services, and this figure is only expected to rise. CAP also suggests that all existing ferries be used for purposes of vehicle transport, as these double deck vehicular ferries are designed such. On the other hand, speed boats such as the ones used in Pulau Langkawi, Pulau Pangkor, Sabah and Sarawak should be made available for passengers, who would then be able to travel faster and in comfort. In November 2002, PPSB had announced plans to introduce speed boats for passengers and use existing ferries to transport vehicles. Yet, even after 6 years of the announcement being made the move has not been implemented nor has it been further commented about. The cost of building Penang s second bridge, which amounts to RM4.3 billion, should be channeled to restructure the ferry system. This system appears to still be relevant and important, and improvisations would make it an effective mechanism in overcoming traffic congestions on the Penang Bridge . With over 120,000 vehicles using the bridge each day and almost 19.8 billion in the year 2004, this problem needs an immediate solution.

CAP hopes SPPP, PPSB and the Transport Ministry will give this issue due consideration and regard as Penang ferries are not merely inheritance of history, but also an important means of alternative transport for people of this state. The restructuring of this system has potential to influence the image of Penang s public transport in the eyes of the nation. 30 April 2008
Last Updated ( Tuesday, 13 May 2008 )

54

The Punk Culture Fearful Mind Pollution

Tuesday, 13 May 2008

A recent local newspaper carried an article concerning street dance, which came as an eye opener to most nave Malaysians. Many not even having heard of the word shuffling before, the report served as an insight into the lives of the younger, for it revealed their social behaviour and how easily youths of today are getting influenced by potent trends. Malaysian youths are being absorbed into trends such as shuffling, rock, black metal and punk, which in spite of being against Islamic teachings, practices and norms, seem to be catching on rapidly among the Malays even. A particular area in Kuala Lumpur city known as Bukit Bintang happens to be the hotspot where followers of this new age culture gather in the name of dance, especially on weekends. This new craze among youths is known as shuffle, a dance form closely related to the popular hip-hop. Such gatherings also include the presence of rockers, another culture that was brought about by music. However healthy and clean these activities are deemed to be, it is a fact that these groups gathering over the purpose of dance often include other immoral acts, making it a social problem. In dance-offs organized by shuffle dancers and rockers at Bukit Bintang, a ritual has formed where the person who looses over his opponent removes his shirt, which carries the group logo, and has it burnt by the winning individual. Many of the youths who partake in such events are seen with masks covering their faces, purportedly to conceal their identities. It was reported that such gathering do not only occur in Bukit Bintang, but in other areas like Taman Titiwangsa too. It would not be uncommon to link youths involved in these punk cultures with sex, drugs, alcohol, vandalism and several other social problems being faced by Malaysia. The report in the local newspaper also provided insights into the involvement of these youths in gangsterism. Despite a police booth just meters from their usual gathering ground and police personnel patrolling the area, youths show no fear and no change in their troubling attitude. More disturbingly, police authorities on duty admit these youths get into fights but claim that nothing can be done as police in the area lack in numbers compared to the large crowd of gatherers. Another local newspaper on 11th December 2005 reported the existence of various punk groups, such as Punk Rock, Hardcore Punk, Chaos Punk, Pop Punk, Punk Hop, Skaters Punk and Metal Punk, with a total of 5000 to 6000 followers in the Klang Valley alone. This figure does not include punk culture followers in other states like Melaka and Kelantan, where if taken into account the total could amount to 10,000 youths. The mentioned newspaper also reported that youths who gathered over such cultures consumed alcohol and threw bottles by the streets and as they wished, thus creating havoc in the area. The nation was once shocked to learn of activities of certain punk groups, for example the sacrificing and beheading of a black goat. The head is then carried into the jungle where satan

55

worshipping is performed and the burning of the holy book, Al Quran, is carried out. In recent times, the intensity of the punk culture and the involvement of youths in them have increased drastically, reaching a point now where it disrupts the safety of the general public. The question remains, why have actions not been taken against the mass gathering and immoral activities of punk groups which take place every weekend as mentioned in the newspaper? The very occurance of such social issues among the younger generation is a clear indication that family, as an influential aspect in forming mindsets of maturing youths, is not playing its part. A close knit family is able to positively influence the behaviours and attitudes of young growing children, in turn nurturing individuals who can contribute positively to the benefit of religion, race and the nation. Yet, the recent hype over modernization has jeopardized the closeness and bond between member of a family. It is a fact that families living in cities find it more difficult to be involved in family related activities, as each parent and working member are too busy earning. Young children are left unattended and their behaviours are gone unnoticed, not only creating a void between the family but also allowing for formation of negative thoughts and attitudes. With regards to this, the Ministry of Women, Family and Community Development has implemented a program titled One Family One Councilor which was launched by the Prime Minister, Datuk Seri Abdullah Ahmad Badawi recently. This program aims to act as catalyst in order to build a society with strong family bonds and moral values, as well as reduce tragedies that occur due to family crisis. It is a fact that development within the family should be paid importance to, as the nation would be affected if this problem is not addressed, for strong families serve as role models to a better society. The National Social Policy was set up in order to adopt qualitative aspects such as social maturity, moral values, intellectual strength and culture in addressing social issues. Yet, till date, has this policy been effective in serving as means for the formation of a mature and developed society, especially from the social aspect? Government authorities should question the existence of disturbed, rebellious youths and study laws used in other countries, mainly concerning its relevance to problems faced in Malaysia . For example, the Anti Social Behaviour Act 2003, Britain . Although this act does not focus on the younger generation, yet in Britain there is a realization that most anti social behavious are expressed by children and youths. As one of the approaches, those involved in anti social behaviours are to voluntarily sign a written agreement with the police, promising to better himself. If found to have gone against the agreement, the accused would be charged under the Social Behaviour Act. This act also serves to protect society from activities that could be disruptive.. This includes forbidding the accused from entering a specified area for up to two years. This act also involves the co-operation of parents, them being one of the parties whose help is necessary in curbing social problems. The strategies are as follows:

56

* Parental contract Parents consent voluntarily towards schools disciplining their children. Cases such as playing truant are relevant to this. * Parental order Court order to parents whose children are involved in anti social activities, ordering them to attend parental courses and look into their childs attendance. Hefty fines if order is disregarded. * Penalty notice Local authority, school and police are able to press charges against parents whose children play truant.. Action taken if fine is not settled. If implemented in the right manner, this formula could turn out to be the basis of a society that consists of happy and peaceful families, in line with the concept home is where the heart is. 24 APRIL 2008
Last Updated ( Tuesday, 13 May 2008 )

57

A H Ahmad Sarji (1978). Policies for the development of Farmers Cooperatives in Malaysia. Anwarul Yaqin,(1996), Law and Society in Malaysia, International Law Book Services Kuala Lumpur. Leder, Malcolm and Shears, Peter, (1991), Consumer Law (3rd edn), London: Pitman Publishing. Mohd. Idris, S.M.(1986), Malaysian Consumers and Development, Penang : Consumers Association of Penang. Nagiah Ramasamy, The Future of trade cosumer movement in movement, Universiti Putra Malaysia. This paper was presented at the MTUC/ACILS national Workshop held on 21-22 Januari 2008. Shenoy, G V & Sulaiman, Mohamed (1994). Performances and management practices of cooperatives cosumer in Malaysia. Universiti Sains Malaysia. Waldbott, George L. (1973), Health Effects of Environmental Pollutants, St. Louis: Mosby. Warmke, Roman F. and Wylie, Eugene D.(1977), Consumer Economic Problems, Ohio: South Western Publishing Co. Zimring, Franklin and Hawkins, Gordon (1975), The Legal Thret as an Instrument of Social Change in Akers, Ronald L. and Hawkins, Richard(eds.) Law and Control in Society, Englewood Cliffs, N.J: Prentice Hall Inc. WEB SITES :

58

http://www.dtincr.ph/ http://www.yahoo.com/ http://www.google.com/ http://wwwwikipedia.com/

59