KOTA KINABALU: The Consumer Claims Tribunal here yesterday ordered a training and development institute to reimburse a sum of RM9,972 to its former student.
President, Datuk Dr Lawrence SH Thien said, Excel College of Training and Development should reimburse the amount to Liew Li Ming Salinah after holding that the incorporation of a clause related to their ‘no refund policy’ was in contravention of the amended Consumer Protection Act.
Liew had explained to the tribunal that despite enjoying the lessons provided, she was no longer keen to pursue with the course as she was moving overseas. She enrolled for the course on July 28, 2010 and had already sat for the first part of the three-stage programme.
A representative from Excel College of Training and Development said that they began the programme since 2004 and this was the first time they had encountered with such a problem.
“We have never failed to facilitate programmes and examinations for our students, irrespective whether we had only one or two students per programme,” he said.
He explained that the college could not refund the money which Liew had paid for Stage Two of the programme as it had already been remitted to their main examination provider in Australia.
He also said that the college was unable to reimburse her the amount she was claiming for as they have made prior arrangements for accomodation and compensation to their trainers.
In the event, a student was unable to attend classes locally, that student would be allowed to attend classes elsewhere in the country and the airfare, lodging and travelling expenses would be borne by the training provider, he said.
The college earlier informed the tribunal that once a student has effected registration, no request for any refund would be entertained.
Thien countered that any non-refundable term incorporated into any contract is now deemed an unfair contract term since the passing of the amendment to the Act, and allowed RM9,972 to be paid to the claimant out of the total claim of RM19,000.