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| Area of Law: Consumer Rights|
|Q: |Dear eLawyer,
Here's the situation:
1. Bought a new car on dec 31, 2007. It's an exclusive brand. Broke down on April 27, 2008 and sent in for service on April 29, 2008 after making appointment. Repaired and replaced the fuel pump. But the broke down had no warning message at all. It put my life and my family's life at stake.
2. Collected car on May 7, 2008 and 2nd broke down happened on May 10, 2008.
3. The breakdown is endangering my life and my family again. No signal or warning message. The director of after sales called me 2 apologize but problem not fixed.
4. Gave me a courtesy car only after making so much noise. But the courtesy car is with the painting saying it is a courtesy car. I feel insulted. cos my car is much more higher grade than the courtesy car offered.
Hence, I like to know can I demand the following from the dealer:
1. Full refund plus all interest paid or
2. Replace a brand new car
3. Monetary compensation for the mental torture, time lost, inconveniences, painful, risks, humiliation, insecure feelings when driving the car. What is the reasonable amount i can ask for?
I have written an email to the HQ(oversea) attention to their CEO. I'm not sure what reply I will get but the local office is taking action to solve my problem. But I have no confident to drive the car again. What else can I do?
Angeline Chow from Kuala Lumpur
Based on the facts provided by you, we can conclude that you are buying the car via a hire and purchase arrangement as you have mentioned your intention to claim for the interest.
Generally, there is no provision of refund or exchange unless there is a specific warranty of quality by the car manufacturers which is common in the marketing campaign of cars today.
To support your claim in the court of law would require a lot of expert evidences. In the case of a car, unless it is grossly wrong with the car, it is unlikely you can make up for such claim.
You can explore your claim with the Consumer Tribunal however you can only claim for maximum RM10k. You may also want to continue the negotiation with the car dealer and apply pressure accordingly. Otherwise, we would recommend you to see a lawyer for their better assessment of your case.
Chris Tan Chur Pim
Advocate & Solicitor