Kota Kinabalu: The Consumer Claims Tribunal dismissed a claim for RM42,318.64 against a workshop and instead ordered the claimant to pay RM1,500 in outstanding service charges, after finding that the claimant had failed to give the workshop an opportunity to rectify the alleged defects.
Tribunal President Salmi Zalinah Abdul Rahim made the decision after hearing submissions from both parties, ruling that the respondent, LK Workshop, had attempted to address the issues raised and had even paid compensation to facilitate repairs at an authorised service centre.
The tribunal was told that the claimant, Devendy Richard, owned a Mitsubishi Triton 2.4 Mivec vehicle which was sent to the respondent’s workshop for injector servicing.
The servicing was completed on Jan 28, 2025, after which the claimant collected the vehicle and agreed to pay RM1,500 for labour and replacement of washers and O-rings.
According to the respondent, the claimant later complained that the vehicle was leaking engine oil. The respondent requested that the vehicle be returned for inspection as the work was still under warranty.
However, the claimant instead sent the vehicle to a Mitsubishi Service Centre, which issued a repair quotation of RM2,810.
The tribunal noted that the respondent subsequently paid the RM2,810 to the claimant in order to resolve the matter, as supported by payment records submitted during the hearing.
The claimant later alleged further damage and obtained a quotation dated June 13, 2025, amounting to RM42,318.64 for engine replacement, nearly four months after the initial servicing and subsequent repairs.
In its findings, the tribunal held that while service providers are required to exercise reasonable care and skill, the claimant had denied the respondent the opportunity to correct any alleged negligence by engaging a third-party workshop.
The tribunal further ruled that once the claimant chose to proceed with repairs at another workshop, the respondent could no longer be held responsible for any subsequent damage to the vehicle.
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