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2020 MarsdenLR 2184

HIGH COURT MALAYA SHAH ALAM
MADIN AL-SYARIF TRAVEL SDN BHD & ANOR – Appellant
Versus
TRIBUNAL TUNTUTAN PENGGUNA MALAYSIA KEMENTERIAN PERDAGANGAN.... – Respondent


JUDGMENT

Wong Kian Kheong J:

A. Background

[1] The first applicant company (1st applicant) runs a travel agency.

[2] The second applicant (2nd applicant) was the Managing Director (MD) of the 1st applicant from 2012 to 2016.

[3] The 1st respondent is the "Tribunal for Consumer Claims" established under s 85 of the Consumer Protection Act 1999 ( CPA ).

[4] The 2nd to 15th respondents have paid various sums of money to the 1st applicant for "Umrah Packages" [Payments (2nd to 15th respondents)].

[5] Despite the Payments (2nd to 15th respondents), the 2nd to 15th respondents did not manage to perform their Umrah. Hence, the 2nd to 15th respondents filed claims with the 1st respondent against the 1st applicant for a refund of the Payments (2nd to 15th respondents) (Claims).

[6] The 1st and 2nd applicants (collectively referred to as the "applicants") denied the Claims and alleged as follows, among others:

(1) one Encik Alias bin Sulaiman (Encik Alias) was the 1st applicant's former General Manager for six months;

(2) after Encik Alias had stopped working for the 1st applicant,

(a) Encik Alias had incorporated his own company, Madain Al-Taqwa Travel & Tours Sdn Bhd (MATT);

(b) Encik Alias (not the

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