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CONSUMER RIGHT AS A SERVICE PROVIDER

Many businesses in Malaysia tend to ignore customers' rights and continue making

profits regardless of moral values and ethical business practice. What is equally unfortunate is

that many Malaysians are not aware of their rights as consumers; and in some cases, those

who know their rights do not try to claim it due to their lackadaisical attitude. It, same with

consumer right as a service provider. This phenomenon in our society has brought

ineffectiveness to consumer protection campaigns that have been promoted by governmental

bodies and NGOs.

Firstly, consumer right as a service provider is consumer have to pay a reasonable

price for the service. In most of the cases where you agreed to provide a service, you will

agree the price or at least how the price will be calculated in advance with the consumer.

Indeed, for services within Services: Guidance for Business 10 scope of the Consumer

Contracts (Information, Cancellation and Additional Charges) Regulations 2013, there is a

statutory obligation for the service provider to give information about the price or how it is to

be calculated before the consumer agrees to the contract and to not do so would therefore

breach this statutory obligation. However, there may still be a minority of cases where you

have not set out the price in advance.

This right is engaged in those few cases. Where the price or method of agreeing it is

not agreed in advance, the consumer must only pay a reasonable price for the service.

Equally, the trader must be paid a reasonable price for the service. What is a reasonable price

will depend on the circumstances, the industry you are in and the service provided. You may

negotiate with the consumer, using the facts of the case. Ultimate, a court can decide. For

example, we do some business online and using eRezeki platform. When we provide service

through online we need deal with customer like how much that customer have pay and when
customer did not pay that service we that serve we can take action through Consumer

Protection Act 1999.

Secondly, consumer right as a service provider is service to be performed within a

reasonable time. In most cases where you agree to provide a service you will agree when the

service is to be provided. Again, for services within scope of the Consumer Contract

Regulations 2013, there is a statutory obligation for you to give information about the time by

which you undertake to perform the service. Therefore if you do not comply with this you

will be in breach of this statutory obligation.

This right in the Services Chapter of the Consumer Rights Act, however, is engaged

in the few cases where you have not agreed the time by which you will perform the service.

Where the time-scale for providing the service is not agreed in advance, the service must be

provided within a reasonable time. What is a reasonable time will depend on the

circumstances, the industry you are in and the service provided. You may negotiate with the

consumer, using the facts of the case. Ultimate, a court can decide. Services: Guidance for

Business. For example, student provide services in graphic design through eRezeki agrees

with a consumer to design t-shirt for one NGO with 6 weeks. When they see the plan, the

consumer feels that 6 weeks was too long to wait for the plan. This right is not engaged – the

time-scale was agreed in advance.

Other than that, in the era of increasingly sophisticated information technology and

thrive in today, the users of telecommunication services, particularly mobile and Internet

users will be less sensitive to the rights of consumers in the Communications and Multimedia

industry today. Therefore, they are susceptible to a number of adverse effects than those who

are not responsible. So the users will require support from parties like the Malaysian

Communications and Multimedia Commission (MCMC ) when their rights are ignored or
violated because it is in line with current needs. To protect consumers MCMC proactive and

responsive to current needs so that all facilities that benefit all parties

In this case as a service providers we also must try to deal with any complaint of users

with the best possible in accordance with the Consumer Code of Practice, as stipulated in the

Terms of Service Provider License. MCMC has its own code or the General Consumer Code

(GCC), among others, stipulates that a service provider shall inform the users by providing

relevant information. It includes services related to quality and details of the products

available for each user has the right to request such information if it is not displayed in the

package because it offered the consumer rights that must be respected. Users can make a

complaint to MCMC if a case is not resolved at the level of the service provider to the

investigation and further action in accordance with the provisions of the law can be made.

Also, The Ministry of Domestic Trade and Consumers Affairs, the Ministry of

Domestic Trade, Co-operatives and Consumerism (MDTCC) was established on October 27,

1990 with the aim towards encouraging ethical trade practices and to protect consumer

interest. This ministry protect consumer right and service provide (seller) managing matters

related to consumer protection and intellectual property; licensing for manufacturing and

sales, direct selling, and registering of trusts companies and businesses. Official site features

consumerism education, consumer claim tribunal, goods under price and supply control, acts,

statistics, forum, e-aduan and e-tribunal.


Kepentingan Pengguna Jadi Keutamaan MCM. Suruhanjaya Komunikasi Multimedia Malaysia.
Access November 20, 2016, form:
http://www.skmm.gov.my/Mobile/Tools/ViewMobile.aspx?datapath=%2FMedia%2FPress-
Clippings%2FKepentingan-pengguna-jadi-keutamaan
MCMC&classname=SKMM.CustomArticles

Consumer Protection Act 1999. (2001). Kementerian Perdagangan Dalam Negeri Koperasi Dan
Kepenggunaan. Acess November 19, 2016, form:
http://mystandard.kpdnkk.gov.my/mystandard_portal2014/document/akta_perlindunganp
engguna1999.pdf

Consumer Rights Act: Services. (2015, September). Department For Business Inovation & Skills. Acess
19 November, 2016, from:
https://www.businesscompanion.info/sites/default/files/The%20supply%20of%20services_
ALL_BIS_SERVICES_GUIDANCE_SEP15.pdf
Many businesses in Malaysia tend to ignore customers' rights and continue making profits

regardless of moral values and ethical business practice. What is equally unfortunate is that

many Malaysians are not aware of their rights as consumers; and in some cases, those who

know their rights do not try to claim it due to their lackadaisical attitude. It, same with

consumer right as a service provider. This phenomenon in our society has brought

ineffectiveness to consumer protection campaigns that have been promoted by governmental

bodies and NGOs.

Firstly, consumer right as a service provider is consumer have to pay a reasonable price for

the service. In most of the cases where you agreed to provide a service, you will agree the

price or at least how the price will be calculated in advance with the consumer. Indeed, for

services within Services: Guidance for Business 10 scope of the Consumer Contracts

(Information, Cancellation and Additional Charges) Regulations 2013, there is a statutory

obligation for the service provider to give information about the price or how it is to be

calculated before the consumer agrees to the contract and to not do so would therefore breach

this statutory obligation. However, there may still be a minority of cases where you have not

set out the price in advance.

This right is engaged in those few cases. Where the price or method of agreeing it is not

agreed in advance, the consumer must only pay a reasonable price for the service. Equally,

the trader must be paid a reasonable price for the service. What is a reasonable price will

depend on the circumstances, the industry you are in and the service provided. You may

negotiate with the consumer, using the facts of the case. Ultimate, a court can decide. For

example, we do some business online and using eRezeki platform. When we provide service

through online we need deal with customer like how much that customer have pay and when

customer did not pay that service we that serve we can take action through Consumer

Protection Act 1999.


Secondly, consumer right as a service provider is service to be performed within a reasonable

time. In most cases where you agree to provide a service you will agree when the service is to

be provided. Again, for services within scope of the Consumer Contract Regulations 2013,

there is a statutory obligation for you to give information about the time by which you

undertake to perform the service. Therefore if you do not comply with this you will be in

breach of this statutory obligation.

This right in the Services Chapter of the Consumer Rights Act, however, is engaged in the

few cases where you have not agreed the time by which you will perform the service. Where

the time-scale for providing the service is not agreed in advance, the service must be provided

within a reasonable time. What is a reasonable time will depend on the circumstances, the

industry you are in and the service provided. You may negotiate with the consumer, using the

facts of the case. Ultimate, a court can decide. Services: Guidance for Business. For example,

student provide services in graphic design through eRezeki agrees with a consumer to design

t-shirt for one NGO with 6 weeks. When they see the plan, the consumer feels that 6 weeks

was too long to wait for the plan. This right is not engaged – the time-scale was agreed in

advance.

Other than that, in the era of increasingly sophisticated information technology and thrive in

today, the users of telecommunication services, particularly mobile and Internet users will be

less sensitive to the rights of consumers in the Communications and Multimedia industry

today. Therefore, they are susceptible to a number of adverse effects than those who are not

responsible. So the users will require support from parties like the Malaysian

Communications and Multimedia Commission (MCMC ) when their rights are ignored or

violated because it is in line with current needs. To protect consumers MCMC proactive and

responsive to current needs so that all facilities that benefit all parties
In this case as a service providers we also must try to deal with any complaint of users with

the best possible in accordance with the Consumer Code of Practice, as stipulated in the

Terms of Service Provider License. MCMC has its own code or the General Consumer Code

(GCC), among others, stipulates that a service provider shall inform the users by providing

relevant information. It includes services related to quality and details of the products

available for each user has the right to request such information if it is not displayed in the

package because it offered the consumer rights that must be respected. Users can make a

complaint to MCMC if a case is not resolved at the level of the service provider to the

investigation and further action in accordance with the provisions of the law can be made.

Also, The Ministry of Domestic Trade and Consumers Affairs, the Ministry of Domestic

Trade, Co-operatives and Consumerism (MDTCC) was established on October 27, 1990 with

the aim towards encouraging ethical trade practices and to protect consumer interest. This

ministry protect consumer right and service provide (seller) managing matters related to

consumer protection and intellectual property; licensing for manufacturing and sales, direct

selling, and registering of trusts companies and businesses. Official site features consumerism

education, consumer claim tribunal, goods under price and supply control, acts, statistics,

forum, e-aduan and e-tribunal.

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