Advertisement

Judicial Review of Consumer

2618 Views  ⚫  Asked 5 Years Ago
asked on Sep 19, 2013 at 18:54
by   Bullied
Hi Notalawyer,
I am impressed with how you help Bert. I need your help. I obtained an Award from Consumer Tribunal against a Maid Agency for a small sum, less than RM2000. But the Maid Agency bring this to the High Court and put me as 2nd Respondent. They also filed for cost if they win this Judicial Review. They have obtained Leave to file but were late to file. So now, they have filed an application for extension of time to file the Form 110 for Judicial Review and  serve to the respondents, Tribunal and Me. The application is due for hearing at High Court end of next month but I have to file written submission latest by 11 Oct 2013. Pls help
0 had this question
Me Too
0 favorites
Favorite
[ share ]
147 Answers
« Previous   6   7   8   9   10   11   12   13   14   15   Next »  Last »

answered on Nov 11, 2013 at 11:22
by   notalawyer
Here's my draft court order. But the Applicant lawyer could easily contest it by showing that they have filed for Judicial Review at High Court. Would my exercise then be an action in futility?
You are not thinking straight. Filing for anything cannot stop execution.(see the Pub license analogy above)
Once you give them 7 days to pay up, there is no time to do anything else except to pay up. 
( unless they want to buy a Certificate of Urgency at the Court which will cost a lot more money )
0 found this helpful
Helpful

answered on Nov 11, 2013 at 11:36
by   notalawyer
Don't file anything yet.  You are rushing into a mess.

Maybe you don't need to convert to a Perintah after all.

Send a copy of the Tribunal Award Letter together with your Cover Letter to threaten the agency lawyer with execution within 7 days.  Post a copy of your cover letter here.
You can ask more execution details at Kajang later if no response from them in 7 days.
0 found this helpful
Helpful

answered on Nov 11, 2013 at 14:17
by   Bullied
First things first. What must I do now? Is it to send a copy of Tribunal Award with a cover later requesting payment within 7 days? Forget about the avenue of Majistret court as an option suggested by the Tribunal under section 116 akta perlindungan pengguna 1999?

By the way, i will be outstation  by the 18 nov night. Only be back 1 dec. so no physical activity except emails then.
0 found this helpful
Helpful

answered on Nov 11, 2013 at 14:59
by   Bullied
I called Tribunal and was informed that there is a stay of execution order on 30 aug 2012. I have requested via email a copy of that order if indeed there us such an order. Also requested for all Jud Review related docs not served on me.
0 found this helpful
Helpful

answered on Nov 11, 2013 at 16:09
by   Bullied
Assuming no Court Order for a Stay of exec, here's my cover letter to claim the Award:

11 Nov 2013

Joel & Mei


Kind Attention: Joel Lim

Dear Sirs,

Re: Tribunal Tuntutan Pengguna Award
       Claim No: Ttpm-Wppj-(P)-262-2012
------------------------------------------------------
I refer to the above, and hereby put your client on Notice for demand of overdue payment
as per the Award.

Kindly find attached, a copy of the Tribunal Award for your
client's action within 7 days from todate.

Kindly note that, should your client fail to remit to me the Award payment of RM1892.00,
Your client could be prosecuted under Section 117 of Akta Perlindungan Pengguna (APP) 1999 as follows:
(A) Section 117 (1) APP 1999
First Offence - A fine if not more than RM5000 or jail term not exceeding 2 years or both.

(B) Section 117 (2) APP 1999
Continued Offence - Additionally, a fine of RM1000.00 for each day or part thereof as long as the offence continued upon conviction.

As such, kindly advise your client to make the Award payment within 7 days from the date of this letter.

Thank you.
0 found this helpful
Helpful

answered on Nov 11, 2013 at 17:40
by   notalawyer
I called Tribunal and was informed that there is a stay of execution order on 30 aug 2012.
Don't listen to hearsay.
If there is an Application for Stay, you would be notified.
If there is a Court Order for Stay, you would also be notified.

I think you are citing the wrong sections of the Consumer Protection Act.
There is no jail involved in this matter.
It would make you look stupid if you threaten jail when there is no jail.
0 found this helpful
Helpful

answered on Nov 11, 2013 at 17:53
by   Bullied
I copy and paste the Tribunal's cover letter to the Applicant and myself, so it cannot be wrong unless the Tribunal cover letter issued by the Setiausaha of Tribunal is wrong. They gave a copy to Applicant 14 days from Award dated 25 july 2012 to pay up and quoted these 2 sections of law. How to verify this section of law?
0 found this helpful
Helpful

answered on Nov 11, 2013 at 18:03
by   Bullied
Here is the reference to the APP 1999:
http://mystandard.kpdnkk.gov.my/images/stories/document/akta_perlindunganpengguna1999.pdf
0 found this helpful
Helpful

answered on Nov 11, 2013 at 19:22
by   notalawyer
Well, so far the Government is not prosecuting the agency as a criminal offence ( even though  you complain so many times ) so jail is not applicable here.

So your best option currently is execution, not prosecution.
0 found this helpful
Helpful

answered on Nov 11, 2013 at 20:05
by   Bullied
What can I do now, in the way of execution? So my notice of demand is not appropriate. What next? How to achieve the desired result? Am running out of ideas. Need to pick your brain
0 found this helpful
Helpful


« Previous   6   7   8   9   10   11   12   13   14   15   Next »  Last »

Your Answer





By posting your answer, you agree to the privacy policy, cookie policy and terms of service.