Futile attempt to get money back

I REFER to the report “Tribunal gives hope to consumers” (The Star, March 18).

It is all well and good that the Tribunal for Consumer Claims Malaysia (TCCM) is there to help people, but I know that its decisions are not always enforced.

Iam75yearsoldandneeda maid to help me. I went to a licensed recruitment agency based in Klang on Sept 29, 2022, where I paid a deposit of RM10,000 into the account of the agent.

When the maid arrived, I paid another RM8,500 by cheque. A week later, she told me she couldn’t work because she had had major surgery. Upon questioning her further, she said the agent had asked her to work for three months only. (The guarantee period to replace a maid is within the first three months.)

I returned the maid to the agent within two months with her salary fully paid for that period. Since I didn’t get a replacement or my money, amounting to RM18,500, back, I went to the TCCM.

TCCM decided in my favour and instructed the agent to pay me RM18,500, but he refused. TCCM then referred me to the Domestic Trade and Cost of Living Ministry’s enforcement division in Selangor.

On Aug 30, 2023, my case was taken by an officer whom I shall call MRI. I kept in touch with him through phone calls and visits to his office. Two months later, he told me he was on medical leave after an accident and asked me to contact another officer.

I made several visits and numerous phone calls to the KPDN office before I was finally given the mobile number of the officer concerned.

Despite my health problems, I diligently called and visited his office, but it took a long time before I could finally talk to him. Even then, he said he was very busy and would need to take statements from me and the agent.

I sent a copy of The Star’s report to the officer and told him to fix an appointment right away. Finally, he texted me to come over to his office on March 21 at 9.30am. This was eights months after I referred the case to KPDN.

My daughter’s colleague came with me to the meeting as I had knee problems that day. We met the officer but to my surprise, he didn’t take my statement.

Instead, he told us that he couldn’t do anything and I would have to engage my own lawyer if I wanted my money back. He also said that if the agent were taken to court and convicted, he would only be fined RM5,000 for not heeding the TCCM’S decision.

He then suggested that I contact the National Legal Aid Foundation (YBGK), saying that its lawyers are paid by the government to handle cases like mine.

So, I approached YBGK, only to be told that KPDN was fully aware that it does not handle such cases.

After being given this prolonged and frustrating runaround, I would like to know:

1. Why did the enforcement officer wait for eight months to tell me KPDN couldn’t do anything with my case? And why did he ask me to come and give my statement but didn’t take it?

2. What is the point of TCCM giving a decision if it cannot be enforced? When I mentioned to TCCM that the KPDN officer had said the agent would only be fined RM5,000 if convicted in court, I was told it was not true. The agent would have to pay the amount owed to me as well as the fine! Why did the KPDN officer give me the wrong information?

I want to highlight this matter so that people who are in need of domestic helpers, like working mothers and the elderly, will be alert when dealing with maid agencies.

FIROZA Selangor