TAWAU: The Consumer Tribunal (TTPM) dismissed a claim of RM3,320 filed by a woman against Fook Loi Corporation (Sabah) Sdn Bhd after the complainant failed to prove that the damage to her Persona 1.6L car’s gearbox was caused by the negligence of the defendant.
TTPM Sabah President, Larina Wong Shiao Yee, who presided over the case, said she had to dismiss the claim by Hajariah Alimari, 52, after considering the testimonies from both sides and their witnesses.
She took into account the age of the vehicle, which was previously used in Peninsular Malaysia before being brought to Tawau, as well as its subsequent use in Kota Kinabalu, Tawau and Semporna after arriving in the district in February 2025.
The rough driving style, which could cause gearbox damage, was also factored in.
Larina also noted the credibility of Fook Loi as an experienced company with a customer service charter.
Additionally, the limited space in their workshop could have caused shocks (from rough driving) that damaged the car’s gearbox.
The owner of Elite Circle Auto Works, who appeared as a witness for Hajariah, testified that they found a leak in the primary and secondary pulleys of the gearbox.
The leakage was believed to have been caused by either rough driving or expired gearbox oil.
During the hearing, Larina issued an Award Form 10, stating that the claim for gearbox damage was rejected. However, Hajariah would be given priority (special case) to visit the service centre to have her car’s air conditioning checked, as it was still not cooling despite being repaired at the centre.
The air conditioning issue, which was unresolved after previous repairs at the service centre, was settled when a small adjustment was made by a mechanic during the hearing day. Larina, along with both parties, visited the vehicle for inspection.
Hajariah’s claim for RM3,320, filed on September 11, 2025, stated that she brought her car to the Proton Service Centre 25 for an air conditioning service and to check if the gearbox oil needed replacement.
After leaving the car at the service centre for repairs, she was not informed about the damage or the cost until two days later, on August 14, 2025, when she was told to pay RM269.20 without being properly notified about the issues with her car beforehand.
Later, Hajariah sought the opinion of a mechanic who identified gearbox damage, which surprised her as the car had no such issues before.
She was told by the mechanic that the gearbox would be checked, but she was not contacted until she visited the service centre herself. Upon arriving, she found her car very dirty, with bird droppings on the bonnet.
Hajariah met with the service centre mechanic who suggested she file a police report if she was unsatisfied, and they would dispute the claim.
She then showed the police report regarding her damage claim to the service centre manager, but the manager dismissed it, stating that he had worked there for a long time and that Proton would not take responsibility for her case.
The manager also contacted Proton’s head office, and Hajariah was told that Proton would not be responsible for any damages.
She was advised to move the car to another workshop, where the damage was estimated to cost around RM3,000.
Hajariah paid RM150 for towing to another workshop, where it was found that the gearbox oil was insufficient because it had been removed by Proton’s team. She was forced to bear the cost of RM320 for the missing gearbox oil.
At the second hearing, Fook Loi Corporation (Sabah) Sdn Bhd was represented by the Tawau 25 outlet manager, Mursalih Abd Hamid; the Tawau service manager, Subhan Darman; and mechanic, Sabri Dugu.
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