Travel company, director claim trial over unpaid refunds

Borneo Post

4 days ago

Zulkarian
KOTA KINABALU (July 15): A travel company and its director pleaded not guilty at a Magistrate's Court here on Tuesday to six charges of failing to comply with Consumer Claims Tribunal (TTPM) orders to refund a total of RM232,526.80 to six individuals.
Emraz Travel & Tours Sdn Bhd and its director, Datuk Zulkarnain Endut, 44, claimed trial before magistrate Dzul Elmy Yunus. Both were granted bail of RM1,000 with one local surety for each charge.
Zulkarnain entered the pleas on behalf of himself and the company. He was represented by counsel Farah Nazriah Chun Lee @ Mohd Fadzlee Lee, while Deputy Public Prosecutors Shafiq Mahadi and Md Syafique Md Helmie appeared for the Ministry of Domestic Trade and Cost of Living (KPDN).
The company and Zulkarnain face six charges under Section 117(1) of the Consumer Protection Act 1999 for failing to comply with TTPM award orders. If convicted, they face a fine of up to RM10,000, imprisonment of up to two years, or both.
According to the charges, they allegedly failed to pay the awarded claims — ranging from RM24,666.80 to RM50,000 — between 24 July 2023 and 25 January 2024 at the KPDN Sabah office, Federal Government Administrative Complex, Jalan UMS.
The third accused, Datin Mazuin Mustafa — Zulkarnain's wife and also a company director — was absent due to a high-risk pregnancy, supported by a medical report from Putrajaya Hospital dated 20 June 2025.
Her lawyer informed the court that this is her first pregnancy and is into the 11th week, with travel deemed unsafe.
Counsel Farah Nazriah requested that the arrest warrant against Mazuin be revoked, to which the prosecution had no objection.
Deputy Public Prosecutor Shafiq requested that a pre-trial case management (PTCM) be scheduled in two months and that the court be updated on Mazuin's ability to attend. He noted the case is of public interest due to its connection with multiple Umrah packages and substantial financial losses.
He also proposed bail at RM2,000 per charge with one local surety, along with a condition for the accused to report to KPDN on the 17th of every month.
Farah Nazriah appealed for minimal bail, citing that the accused is a Malaysian citizen with no fixed income following the company's winding-up on 17 July 2024. She also highlighted the accused's personal responsibilities, including his wife's medical condition.
The accused are facing other charges throughout Malaysia, including in Sabah, Sarawak and Peninsular Malaysia.
The court fixed 23 September 2025 for pre-trial case management and maintained bail at RM1,000 per charge with one local surety.