Kota Kinabalu: The Consumer Claims Tribunal has ordered a used car dealer to pay RM9,451.90 in compensation to a buyer after ruling that a vehicle sold to her was unsafe and unfit for use.
Tribunal President Salmi Zalinah Abdul Rahim said the car failed to meet the standard of acceptable quality as required under the Consumer Protection Act 1999.
The decision was made after the tribunal reviewed evidence presented by the claimant, including repair records, diagnostic reports, and documents submitted by both parties.
The claimant, Cynthia Pasang, had purchased a used Honda City from Savage Used Car Dealer Sdn Bhd. Shortly after the purchase, she discovered several serious defects in the vehicle, including a faulty gearbox, a damaged left rear door, and a broken steering wheel.
Concerned about the vehicle’s condition, she sent it for inspection by an authorised mechanic, who confirmed internal gearbox failure along with other safety issues that rendered the car not roadworthy.
Cynthia subsequently carried out repairs at her own expense, including fixing the steering wheel, performing a full service, and conducting a computer diagnostic scan.
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She later filed a claim amounting to RM10,536.90, covering the purchase price and related costs such as registration, insurance, servicing, and fuel.
However, the respondent argued that the claimant had conducted a test drive prior to purchase and had been informed that the vehicle was sold on an “as-is, where-is” basis without any warranty.
Despite this, the tribunal found that the vehicle must still comply with basic standards of safety, durability, and usability under the law.
Salmi ruled that the defects were major and significantly affected the safety and functionality of the vehicle, making it unfit for its intended use.
“In this case, the vehicle is not fit for its intended use and cannot be considered of acceptable quality,” she said.
The tribunal ordered the respondent to settle the compensation within 14 days. Upon full payment, the claimant is required to return the vehicle to the dealer.
