By Bryna Sim

HER interior designer had overcharged her by more than $5,000 in August last year.

But when the 54-year-old customer support executive sought a refund, she claimed the firm avoided her calls or gave excuses.

The matter dragged on for more than a year. Finally, she approached the Small Claims Tribunals (SCT) for help on 6 Nov this year.

But she said she was told that it could not do anything as the incident took place more than a year ago.

According to its website, all claims must be filed with the SCT "within one year from the date" on which the cause of action took place.

When The New Paper checked with the SCT, a spokesman confirmed the one-year time limit.

This is under the Small Claims Tribunals Act.

But under the Consumer Protection (Fair Trading) Act (CPFTA), the limitation period for consumer actions with regards to unfair practices is no longer one year.

The period was extended to two years from 15 Apr this year.

The SCT spokesman said their regulations are different as they are "not covered under the CPFTA".

The SCT comes under the jurisdiction of the Subordinate Courts.

But for the Consumers Association of Singapore (Case), which comes under the CPFTA, the limitation period is two years.

The executive director of Case, Mr Seah Seng Choon, said of SCT's time limit: "A one-year limitation period is rather short as people might try to find other means of restitution before approaching the SCT."

"Administrative delays", which appears to be the case in the dispute between the woman and her interior designer, can stretch "beyond a year", Mr Seah noted. By then, it would be too late to approach SCT for help.

"This is why Case proposed last year for the limitation period to be extended to two years," Mr Seah said.

Mr Leong Sze Hian, president of the Society of Financial Services Professionals, also felt that the one-year limitation period is too short.

He said that some flexibility is necessary as some people realise they have been cheated only after a year.

He believes "the limitation period should be one year from the date that you are reasonably aware that you have been cheated", rather than from the date of the incident.

So what recourse does a consumer have if the matter has exceeded the one-year time limit for SCT to take action?

Civil suit

The spokesman said: "(They) can still pursue their claims in the Civil Division of the Subordinate Courts as a claim filed in the Magistrate's Court or the District Court, depending on the reliefs sought."

But lawyer Shashi Nathan from Harry Elias Partnership cautioned against jumping into a civil suit.

"It's expensive and takes up much time, whereas the SCT was set up as an inexpensive way of resolving matters without having to go through complicated legal proceedings," he said.

He advises consumers to seek proper legal advice on the "chances of success" before deciding on their course of action. "You want to make sure you have a viable case, as it might not be worthwhile suing the person," he said.

"You might end up with a paper judgment that could be difficult to enforce."

- Additional reporting by Samuel Wee, newsroom intern

brynasim@sph.com.sg

This article was first published in The New Paper.