The adequacy of remedies in consumer transactions: special study in the motor vehicle repair and service industry in Malaysia
It has been understood that consumers consume not only of products, but also of services. Motor vehicle repair and service is a common and regular service used by consumers in Malaysia. As such, this paper analyses the extent to which the laws of Malaysia provides adequate remedies to consume...
Saved in:
| Main Authors: | , |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
Malaysian Consumer and Family Economics Association (MACFEA)
2012
|
| Subjects: | |
| Online Access: | http://irep.iium.edu.my/9335/1/the_adequacy_of_remedies_in_consumer.pdf http://irep.iium.edu.my/9335/ http://www.myjurnal.my/public/browse-journal-view.php?id=108 |
| Tags: |
Add Tag
No Tags, Be the first to tag this record!
|
| Summary: | It has been understood that consumers
consume not only of products, but also of
services. Motor vehicle repair and service
is a common and regular service used by
consumers in Malaysia. As such, this
paper analyses the extent to which the
laws of Malaysia provides adequate
remedies to consumers when they have
problems with garages. The discussion
includes the analysis on the contract law
as well as the statutory provisions under
the Malaysian Consumer Protection Act
1999 (CPA). A small survey has also been
carried out to point out the most favorable
remedies sought by Malaysian consumers.
A total of 400 respondents participated in
the study through stratified random
sampling and the respondents were
requested to state the remedies that they
desired if they pursue legal action. It is
very explicit from the result that majority
ofthe respondents (75.8%) desire the same
garage to solve their problems or to rectifY
their mistake rather than going to other
garages. Only 26.8% wants money as
compensation. This finding provides
evidence that the demand ofconsumers are
not in line with the remedies provided
under the contract laws where do not provide for the remedy of specific
performance or remedy of repairing the
defect unless in limited circumstances.
Nevertheless, the CPA has introduced the
redress of remedying the defect which
brings the law in line with reality by giving
a consumer, in many cases. the remedy
that he/she really wants. |
|---|