(b) the proceeds of the sale be held to abide by the award
of the Tribunal under section 112.
Notice of claim and hearing
106. Upon a claim being lodged under section 97, the Secretary to the Tribunal shall give notice of the details of the day, time and place of hearing in the prescribed form to the claimant and the respondent.
Negotiation for settlement
107. (1) The Tribunal shall, as regards every claim within its jurisdiction, assess whether, in all the circumstances, it is appropriate for the Tribunal to assist the parties to negotiate an agreed settlement in relation to the claim.
(2) Without limiting the generality of subsection (1), in making an assessment the Tribunal shall have regard to any factors that, in the opinion of the Tribunal, are likely to impair the ability of either or both of the parties to negotiate an agreed settlement.
(3) Where the parties reach an agreed settlement, the Tribunal shall approve and record the settlement and the settlement shall then take effect as if it is an award of the Tribunal.
(4) Where—
(a) it appears to the Tribunal that it would not be appropriate for it to assist the parties to negotiate an agreed settlement in relation to the claim; or
(b) the parties are unable to reach an agreed settlement in relation to the claim,
the Tribunal shall proceed to determine the dispute.
Right to appear at hearings
108. (1) At the hearing of a claim every party shall be entitled
to attend and be heard.
(2) No party shall be represented by an advocate and solicitor at a hearing.
72 Laws of Malaysia ACT 599 (3) Subject to subsection (2) but notwithstanding section 37 of
the Legal Profession Act 1976—
(a) a corporation or an unincorporated body of persons may be represented by its full time paid employee;
(b) a minor or any other person under a disability may be represented by his next friend or guardian ad litem.
(4) Where a party is represented as provided under subsection (3), the Tribunal may impose such conditions as it considers necessary to ensure that the other party to the proceedings is not substantially disadvantaged.
Proceedings to be public
109. All proceedings before the Tribunal shall be open to the
public.
Procedure to be reduced into writing
109A. (1) SubjecttotheotherprovisionsofthisAct,theproceedings of the Tribunal shall be conducted in accordance with such procedure as may be determined by the Tribunal and published under subsection (2).
(2) The Chairman shall cause the procedure determined under subsection (1) to be reduced into writing and published in the Gazette or in such other manner as the Chairman deems fit.
Evidence 110. (1)
(a)
(b) (c) (d)
The Tribunal may—
procure and receive evidence on oath or affirmation, whether written or oral, and examine all such persons as witnesses, as the Tribunal thinks necessary to procure, receive or examine;
requiretheproductionbeforeitofbooks,papers,documents, records and things;
administer the oath, affirmation or statutory declaration, as the case may require;
seek and receive such other evidence and make such other inquiries as it thinks fit;
Consumer Protection 73
(e) summon the parties to the proceedings or any other person to attend before it to give evidence or to produce any document, records or other thing in his possession or otherwise to assist the Tribunal in its deliberations;
(f) receive expert evidence; and
(g) generally direct and do all such things as may be necessary or expedient for the expeditious determination of the claim.
(2) A summons issued under this section shall be served and enforced as if it were a summons issued by a subordinate court.
Tribunal may act in absence of party
111. The Tribunal may hear and determine the claim before it notwithstanding the absence of any party to the proceedings if it is proved to the satisfaction of the Tribunal that a notice of the hearing has been duly served on the absent party.
Awards of Tribunal
112. (1) The Tribunal shall make its award without delay and, where practicable, within sixty days from the first day the hearing before the Tribunal commences.
(2) An award of the Tribunal under subsection (1) may require one or more of the following:
(a) that a party to the proceedings pay money to any other party;
(b) that goods be supplied or resupplied in accordance with this Act or the contract to which the consumer is a party;
(c) that goods supplied or resupplied to the consumer be replaced or repaired;
(d) that the price or other consideration paid or supplied by the consumer or any other person be refunded to the consumer or that person;
(e) that a party comply with the guarantee;
(f) that money be awarded to compensate for any loss or damage suffered by the claimant;
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Laws of Malaysia ACT 599
question
(a) (b)
(c)
of law—
which arose in the course of the proceedings;
which, in the opinion of the Tribunal, is of sufficient importance to merit such reference; and
the determination of which by the Tribunal raises, in the opinion of the Tribunal, sufficient doubt to merit such reference.
(g) (h) (i)
(j)
that the contract be varied or set aside, wholly or in part;
that costs to or against any party be paid;
that interest be paid on any sum or monetary award at a rate not exceeding eight per centum per annum, unless it has been otherwise agreed between the parties;
that the claim is dismissed.
(3) Nothing in paragraph (1)(f) shall be deemed to empower the Tribunal to award any damages for any non-pecuniary loss or damage.
Reference to a Judge of the High Court on a question of law
113. (1) Before the Tribunal makes an award under section 112, it may, in its discretion, refer to a Judge of the High Court a
(2) If
subsection (1) for the decision of a Judge of the High Court, it shall make its award in conformity with such decision.
the Tribunal refers any question of law under
(3) A Federal Counsel authorized by the Attorney General for the purpose may appear on behalf of the Tribunal in any proceedings before a Judge of the High Court under this section.
Reasons for decision
114. The Tribunal shall in all proceedings give its reasons for its award in the proceedings.