KUCHING: Kitchlife Sdn Bhd, a kitchenware product company, has been ordered to refund RM2,780 to Goh Ek Jin by Consumer Claims Tribunal (CCT) Court here yesterday.
Its president Datuk Dr Lawrence Thien ruled that the marketing technique applied by the company confused customers and therefore, Kitchlife must refund the money to Goh within 14 days.
The kitchenware that Goh bought last April must be returned to the company once he got the refund, Thien said.
“Such case is not the first, it happens almost everyday.
The marketing strategy is very confusing, as the company has no intention to give the free gift to constomers.
This type of technique is very similar to scratch and win approach, which has been banned by the government.
“Having said that, Goh, you are an adult and nobody could force you to buy the product.
You have to protect your own interest.
In addition, you didn’t ask for refund immediately the next day but only after a month,” he told the CCT Court at Jalan Tun Jugah here.
The ruling also stated that Goh would not get the full refund amount of RM3,280 but a RM500 will be deducted for administration fee.
Goh and his family were approached by the company last April at a shopping mall here and were subsequently invited to view a kitchenware demo.
Thereafter, Goh was presented with a lucky dip in which he allegedly won a buy-1-free-1 promotional package.
Goh then bought a kitchenware set with the price of RM3,280.
However, he later realised that he might fall victim to a scam after reading a news report on the similar incident days later.
Goh decided to call off the deal and asked for a full refund from Kitchlife but was told that he can only get 30 per cent of the total amount back.
Disappointed with the deal, Goh decided to bring the case to CCT.
Thien later explained to reporters that if the complainant was a senior citizen or someone who can’t understand the language stated in an agreement, for instance, English, he or she might be able to get a full refund in such cases.
“Consumers have to protect their interest.
No doubt (the technique) is confusing to you.
Unless it is an old lady in her 70s or 80s, she might not know what she has signed…
that maybe (full refund) but depending on the case.
This one (Goh’s) is a little bit delayed.
I cut down RM500 for administration expenses,” he said.
He advised consumers to be careful when coming across such marketing technique, which is illegal under the Consumer Protection Act.
“This is free enterprise.
We can’t just let the government acts on controlling the marketing techniques.
(The Goh’s case) is another type, a more subtle type of scratch and win technique.
“Consumers have to be careful.
Nobody point a gun at you and say ‘BUY’.
You have to balance the interest.
This happened many times already, even in Sabah,” Thien said.