Consumer Law of Malaysia Trading Country †MyAssignmenthelp.com

Question: Whether trade should not superseded consumer rights? Answer: In Malaysia, consumer holds an important place. The term consumer has been defined under section 3 of the Consumer Protection Act 1999 as a person who buys certain goods for his personal or other use[1]. Under the Malaysian law, consumers have accrued certain rights by which they are able to secure their interest as against any coercion or undue influence made by traders or manufacturer. Malaysia is a trading country. The economy of Malaysia has reached its highest peak due to the tremendous growth in the sector of trade and commerce[2]. The marketing environment of Malaysia has become more competitive as the traders are intended to gain profits and the consumers become confused regarding this. It becomes necessary to let the consumer well informed about their rights mentioned under the Consumer protection Act. The increased growth in Malaysia had given birth to unfair trade practice. The traders are mainly misleading the consumers to earn profit by providing them defective products. Traders are not maintaining the standard of the goods and they used cheap material regarding the manufacture of goods. These steps are against the consumer policy. In this way, the trade practice in Malaysia has affected the consumer rights[3]. It has been stated that the economy of Malaysia is mainly based on the trade and commerce[4]. The term has been defined under section 3 of the Consumer Protection act 1999. With the huge growth in the trading sector, certain unfair trade practices have been taken place. The main aim of the Consumer Act is to protect the interest of the consumers[5]. There are a number of cases, where it has been observed that the consumers of Malaysia are in a great dilemma regarding the product sold in the continent. The ultimate motto of the trade practice is to gain profit. Therefore, if the trade supersede the consumer rights, the interest of the consumers will be affected as the traders will deceive the consumers to feather their own nest. The word supersede means something replaced by a new thing for the development of the economy. Trading is the main economic backbone of Malaysia and for the development of the financial sector regarding the issue, it is important to enact certain treaties with the other countries to enhance the business relation. In Malaysia, there is a Fair Trade Agreement enacted to deal with the situation. Malaysia had signed many treaties in the international level. Malaysia is a member of ASEAN and WTO. In the recent trading rate, Malaysia becomes the third trading partner of Europe. The economic models of Malaysia helped the country to develop the private sector and enable the government to rearrange the policies regarding the same. By the growth of the economic sector, the business tendency goes on high rate and the provisions regarding the consumer protection is compressed tremendously. Many of the consumers do not have any knowledge about their rights. The private companies are targeting the m and trying to earn profit by misleading them. The clauses regarding the trade treaty are Bi lateral treaty, MITI, FTA etc[6]. A treaty had been signed by Malaysia with Rome and Article 7 and Article 59 of the said treaty caused serious price discrimination and the interest of the consumers become vitiated by this. Under the consumer Protection Act 1999, an initiative has been taken to secure the rights of the consumers so that they could not be suffered by the acts of the traders. There are certain provisions in the CPA 1999 where penalties and clauses have been stated regarding the violation of the interest of the consumers[7]. Part II of the Act consists of 11 sections amounting section 8 to section 18 that specifically deals with the misleading conduct. Part III of the Act provides certain norms regarding the safety of goods and standard of the same. Part IV of the Act contains certain penalty provisions that will be imposed if any violation made regarding the provisions of Part II and Part III. In A others v National Blood Authority Another QBD 26 MAR 2001, it was held by the court that if defect regarding any product is unknown to the consumer, he will get the opportunity to claim damages from the manufacturer. In Puncak Niaga v NZ wheels Sdn. Bhd. (2012) 1 MLJ 27, the plaintiff had bought a Mercedes car but the car was not started on seven occasion and due to this, plaintiff has to face a number of difficulties. The Consumer court of Malaysia observed that the quality of the car is unacceptable in nature and directed the defendant to replace the same[8]. 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