Redress mechanism for consumers in the motor vehicle repair and service industry

Malaysian laws have provided various rights to consumers in the cases of defective and unsatisfactory services under contract law, tort law as well as the Consumer Protection Act 1999. The rights, however, are worthless in the absence of an effective redress mechanism. This paper seeks to examine th...

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Main Authors:	Abu Bakar, Elistina, Amin, Naemah
Format:	Article
Language:	English
Published:	Malaysian Consumer and Family Economics Association 2011
Subjects:	K Law (General) KPG Malaysia
Online Access:	http://irep.iium.edu.my/9057/ http://irep.iium.edu.my/9057/1/2011_-_Redress_mechanism_for_consumers_in_the_motor_vehicle_repair_and_service_industry.pdf

id	iium-9057
recordtype	eprints
spelling	iium-90572011-12-09T12:54:55Z http://irep.iium.edu.my/9057/ Redress mechanism for consumers in the motor vehicle repair and service industry Abu Bakar, Elistina Amin, Naemah K Law (General) KPG Malaysia Malaysian laws have provided various rights to consumers in the cases of defective and unsatisfactory services under contract law, tort law as well as the Consumer Protection Act 1999. The rights, however, are worthless in the absence of an effective redress mechanism. This paper seeks to examine the effectiveness of the existing redress mechanisms in Malaysia with special reference to the motor vehicle repair and service industry. The study is a combination of qualitive and quantitive research. For qualitive research, the analysis has been made to the existing legal provisions and the decided cases. As a matter of comparison, the statutes of other countries relating to consumer tribunals are also referred to which include the Consumer, Trader and Tenancy Tribunal Act 2001 (Australia) and the Disputes Tribunal Act 1988 (New Zealand). This paper also scrutinizes the Australian approaches as they have provided the ideal redress mechanism for the motor vehicle industries. The main objective of the analysis is to illustrate the shortfalls in the existing operation of the Malaysian redress mechanism system spesifically the Tribunal for Consumer Claims. Apart from the legal analysis, a quantitive research using survey was utilized. The objective of the survey are to diagnose the actual problems in the industry based on the experiences of the consumers and to identify how the consumers' react to their bad experiences and their options in seeking a redress. A total of 400 respondents were selected through random sampling. Among the recommendations for the betterment of the redress mechanisms are to revise the jurisdiction of the TCC, accessibility, publicity, parties' representation and the special dispute resolution for the motor vehicle repair and service industry. Malaysian Consumer and Family Economics Association 2011 Article PeerReviewed application/pdf en http://irep.iium.edu.my/9057/1/2011_-_Redress_mechanism_for_consumers_in_the_motor_vehicle_repair_and_service_industry.pdf Abu Bakar, Elistina and Amin, Naemah (2011) Redress mechanism for consumers in the motor vehicle repair and service industry. Malaysian Journal of Consumer and Family Economics, 14. pp. 18-41. ISSN 1511-2802
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	K Law (General) KPG Malaysia
spellingShingle	K Law (General) KPG Malaysia Abu Bakar, Elistina Amin, Naemah Redress mechanism for consumers in the motor vehicle repair and service industry
description	Malaysian laws have provided various rights to consumers in the cases of defective and unsatisfactory services under contract law, tort law as well as the Consumer Protection Act 1999. The rights, however, are worthless in the absence of an effective redress mechanism. This paper seeks to examine the effectiveness of the existing redress mechanisms in Malaysia with special reference to the motor vehicle repair and service industry. The study is a combination of qualitive and quantitive research. For qualitive research, the analysis has been made to the existing legal provisions and the decided cases. As a matter of comparison, the statutes of other countries relating to consumer tribunals are also referred to which include the Consumer, Trader and Tenancy Tribunal Act 2001 (Australia) and the Disputes Tribunal Act 1988 (New Zealand). This paper also scrutinizes the Australian approaches as they have provided the ideal redress mechanism for the motor vehicle industries. The main objective of the analysis is to illustrate the shortfalls in the existing operation of the Malaysian redress mechanism system spesifically the Tribunal for Consumer Claims. Apart from the legal analysis, a quantitive research using survey was utilized. The objective of the survey are to diagnose the actual problems in the industry based on the experiences of the consumers and to identify how the consumers' react to their bad experiences and their options in seeking a redress. A total of 400 respondents were selected through random sampling. Among the recommendations for the betterment of the redress mechanisms are to revise the jurisdiction of the TCC, accessibility, publicity, parties' representation and the special dispute resolution for the motor vehicle repair and service industry.
format	Article
author	Abu Bakar, Elistina Amin, Naemah
author_facet	Abu Bakar, Elistina Amin, Naemah
author_sort	Abu Bakar, Elistina
title	Redress mechanism for consumers in the motor vehicle repair and service industry
title_short	Redress mechanism for consumers in the motor vehicle repair and service industry
title_full	Redress mechanism for consumers in the motor vehicle repair and service industry
title_fullStr	Redress mechanism for consumers in the motor vehicle repair and service industry
title_full_unstemmed	Redress mechanism for consumers in the motor vehicle repair and service industry
title_sort	redress mechanism for consumers in the motor vehicle repair and service industry
publisher	Malaysian Consumer and Family Economics Association
publishDate	2011
url	http://irep.iium.edu.my/9057/ http://irep.iium.edu.my/9057/1/2011_-_Redress_mechanism_for_consumers_in_the_motor_vehicle_repair_and_service_industry.pdf
first_indexed	2023-09-18T20:18:51Z
last_indexed	2023-09-18T20:18:51Z
_version_	1777407970999533568

Redress mechanism for consumers in the motor vehicle repair and service industry

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