No doubt you've purchased a product or service that you weren't happy with. Rather than accepting the situation, take action! After all, businesses want to keep you happy so you'll keep coming back. The Department of Economic Planning and Development UPKE) suggests these simple strategies for resolving a problem you may have with a product or service.
Where to Start
Contact the seller. Keep a record of your conversations—who you spoke with and when, and the action promised. If you can't resolve the problem at this level, contact the company headquarters. Look for it on the receipt of purchase or agreement or call 113 for directory assistance. Management may be grateful for your input; it can help identify problems that are bad for business.
Write A Letter or Email
An effective complaint letter or email should be clear and concise, and include all the facts. Include copies-not originals-of documents regarding your complaint, such as sales receipts, repair orders, contracts, warranties, and any correspondence with the company.
You may want to send your letter by certified mail or by email, return receipt requested. The extra money this costs pays for your proof that the company got your letter and who signed for it or by email as proof that the company have received it.
Alternative Way
If your letter or email doesn't do the trick, contact JPKE at the following details for help:
Address:
Block 2A, Room 3.04, Ong Sum Ping Road, Bandar Seri
Dispute resolution programmes offered to consumers are negotiations, mediation and Small Claims Tribunal - as an alternative to going to court.
• Negotiation involves JPKE as the specified body responsible for consumer protection will negotiate with the other party on your behalf as the complainant.
• Mediation involves both parties and a mediator - who helps you and the other party try to resolve the problem. However, it's up to you and the other party to reach an agreement.
• Small Claims Tribunal (*refer below)
JPKE works to prevent deceptive, misleading and unfair business practices in the marketplace and to provide information to help consumers spot, stop and avoid them. To file a complaint or get free information on consumer issues, visit www.depd.gov.bn or contact us on the details provided earlier or visit us on facebook.com/AduanPenggunaJPKE.
Small Claims Tribunal has been in operation since 2013 in order to provide a quick and inexpensive forum for the resolution of small claims between a claimant and a defendant. The Small Claims Tribunal has jurisdiction to hear claims not exceeding $10 000 or such other sum as the Chief Justice may order.
The Small Claims Tribunal Order, 2006 provides for the matter to be heard in an informal manner and legal representatives are not allowed to be present during any proceedings of the Tribunal.
Section 3 (1)
“There is hereby established a tribunal or such numbers of tribunals to be known as the Small Claim Tribunals.”
Section 3 (2)
“The tribunal, which shall consist of such adjudicators and deputy adjudicators as may be appointed under this Order, shall be a Court of Record with such jurisdiction and powers as are conferred on it by this or any other Order.”
Section 3 (3)
“All proceedings in the tribunal shall be heard and determined by an adjudicator or a deputy adjudicator sitting alone.”
Section 3 (4)
“The tribunal shall have a seal of a design approved by the Chief Justice, and all awards, orders, summonses and other processes of the tribunal shall be sealed therewith.”
Jurisdiction:
Section 5 (1)
“Subject to the provisions of this Order, a tribunal shall have jurisdiction to hear and determine –
(a) any claim relating to a dispute arising from any contract for the sale of goods or the provision of services; and
(b) Any claim in tort in respect of damage caused to any property.
Section 5 (2)
“The jurisdiction of a tribunal shall not extend to a claim –
(a) in respect of damage caused to any property by an accident arising out of or in connection with the use of a motor vehicle; or
(b) Which the subordinate courts have no jurisdiction to hear and determine.”
Section 5 (3)
“Except where this Order expressly provides otherwise, the jurisdiction of a tribunal shall not extend to a claim –
(a) which exceeds the prescribed limit; or
(b) After the expiration of one year from the date on which the cause of action accrued.”
Section 5 (4)
“Where a tribunal is of the opinion that a claim filed with it pursuant to subsection (1) of section 15 is beyond its jurisdiction, it shall discontinue all proceedings and advise the claimant and the defendant accordingly.”
Section 5 (5)
“A claim within the jurisdiction of the tribunal may be brought in another court if there is included in such claim a claim for some other relief, redress or remedy, other than a claim for costs.”
Section 5 (6)
“Subject to the Limitation Act (Chapter 14), the jurisdiction of the tribunal shall extend to a claim which arose before the commencement of this Order.”
“His Majesty the Sultan and Yang Di-Pertuan may, on the recommendation of the Chief Justice appoint an adjudicator or such number of deputy adjudicators.”
Section 4 (2)
“No person shall be appointed to be an adjudicator or a deputy adjudicator unless he is a qualified person with the meaning of the Legal Profession Act (Chapter 132).”
Section 4 (3)
“Every person appointed as an adjudicator shall hold office for such term as may be specified in the instrument of his appointment and may be reappointed.”
Section 4 (4)
“Any appointment of an adjudicator made under subsection (1) may at any time be revoked by His Majesty the Sultan and Yang Di-Pertuan on the recommendation of the Chief Justice.”