Of late, there has been an increase in complaints with regards to e-purchases. This could also reflect the increase of websites which are purported for advertising the provision of discounted services by a certain company. As most people use the internet on a daily basis for various purposes, one is more often than not to come across services advertised for a discounted price, valid only for a specific period of time. The services offered may vary from home cleaning services, massages, spa, facial and etc. The alluring nature of such advertisements put together with the pressure of time constraint is seen to have a positive impact in compelling the consumers to make such e-purchases. 

As appealing as these online advertisements may sound and look, complaints that we receive from a time to time basis suggest that some of these purchases turn bad after a certain period as they are attached with an expiry date for redemption. Due to the nature of these purchases, consumers may enjoy these services by redeeming them only for a limited time period. Redemption is usually done by an online booking or calling up these companies directly to fix an appointment.

From the complaints received, it is evident that companies adopt a common reasoning for not being able to full-fill the bargain on their part. Upon hearing the words “our schedule is packed for the day”, the purchasers would then be instructed by these companies to have their appointment rescheduled to a different date, within the valid period for redemption. Cajoled into believing these companies that they will actually carry out their part of the bargain, the purchasers would later in vain attempt to reschedule their appointment to a different date only to be left dumbfounded by these irresponsible entities when they either don’t pick up phone calls or once again turn down the purchasers request for redemption with their antics. This would then drag to a point where the purchase made exceeds the valid period for redemption, resulting in the expiry of the purchase. 

Being at the forefront of receiving and resolving consumer complaints nationwide, we are more than pleased to inform consumers of their rights with regards to bad e-purchases made such as the above mentioned. 

Local consumers should take note of  Section 16 of the Consumer Protection Act 1999 which provides that no person shall accept, any payment or other consideration for goods or services, if at the time of the acceptance that person - 

(a) Does not intend to supply the goods or services; 
(b) Intends to supply goods or services materially different from the goods or services in  respect of which the payment or other consideration is demanded for or accepted; or 
(c) Does not have reasonable grounds to believe he will be able to supply the goods or services within any specified period, or where no period is specified, within a reasonable time.

In addition to the above mentioned, Section 55 of the Consumer Protection Act 1999 provides that where services are supplied to a consumer, there shall be implied a guarantee that the services will be completed within a reasonable time where the time for the services to be carried out is not –

(a) determined by the contract;
(b) left to be determined in a manner agreed by the contract; or
(c)  left to be determined by the course of dealing between the parties.

Should suppliers be in breach the afore-mentioned section, Section 57 of the same Act affords consumers a right of redress against a supplier of services. By this Act, purchasers are conferred the right to cancel a purchase and demand from the supplier a full refund in return.

With all that being said above, we strongly urge consumers to be more vigilant when making e-purchases. Besides the protection afforded by our national laws, consumers are advised to go the extra mile to ensure the company from which they are to purchase goods or services from are substantively credible entities. Should consumers come across companies with suspicious advertising, then we suggest one spends the extra minute or two doing a background check using resourceful means with regards to the company and its provision of services.

In light of the above, it is recommended that one learns about the characteristics of a certain company and its provision of service. “Http://forum.lowyat.net/” is an online forum where people, mostly Malaysians, tend to share their bitter experiences with regards to bad purchases they have made. They sometimes openly expose the names of a certain company to hinder others from doing the same with the said company. Though based solely on personal experiences, it may raise doubts in the minds of consumers, leading them to be more cautious and not being swayed by online advertisements.

The next article concerning e-purchase/online purchase of goods and services shall include protection afforded to local consumers via the Malaysian E-Commerce Act 2006.

Should you have queries on basic consumer rights, please do not hesitate to contact the National Consumer Complain Centre (NCCC) as we would be more than pleased to assist you.

Santhosh Kannan
Federation of Malaysian Consumers Associations