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2007 MarsdenLR 2753 ; 2007 MarsdenLR 1

LOW HOP BING
TELEKOM MALAYSIA BHD – Appellant
Versus
TRIBUNAL TUNTUTAN PENGGUNA – Respondent


Advocates:
For the applicant - Vicknaraj Thanarajah (Munawirah Mohamad with him); M/s Abdul Rahman Saad & Assoc
For the 1st respondent - Suzana Atan

JUDGMENT

Low Hop Bing J:

Application

[1] Before me are two substantive notices of motion filed respectively by the applicants for the purpose of seeking judicial review by way of certiorari under O. 53 of the Rules of the High Court 1980 to quash the awards handed down by the first respondent, the Consumer Claims Tribunal ("the tribunal") on 25 January 2005.

[2] The applicants relied on the common ground inter alia that the awards are beyond the tribunal's jurisdiction and therefore ultra vires.

[3] Although the value of the subject matter is in the miniscule sum of RM98 in each application, the issue raised for my consideration is of immense importance and far-reaching implications. It concerns public interest and affects every spectrum of the telecommunication consumers nationwide.

Factual Background

[4] The facts in both the applications are substantially similar and so a reference to the second respondent herein is a reference respectively to the second respondent in both the applications.

[5] The tribunal was established under s. 85 of the Consumer Protection Act 1999 ("the CPA 1999") for the purpose of hearing claims for any loss suffered on any matter concerning the consumer

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