Consumer Claims Tribunal rules against defaulting car dealer

At the Tribunal for Consumer Claims here, recently, a claimant told the Tribunal that he lost a total sum of RM17,700 as a result of a pre-owned car dealer who defaulted and failed to deliver a new Produa Alza which he has ordered and made the downpayment.

Relating the incident to the presiding Tribunal President, Maznah Haron, architect Mohd Fadle Zakaria, 32, said, he placed an order for a brand new Perodua Alza from pre-owned car dealer, Ej Motorworld in Taman Kebun Teh back in October last year.

Adding, he said, Ej Motorworld agreed to trade in two of Mohd Fadle’s cars, a Nissan Sentra and a Myvi.

“Then I was asked by Ej Motorworld to top up a sum of RM 4,510 to make up the total of RM17,700 as downpayment for the new Perodua Elza that I ordered”, Mohd Fadle said.

Ej Motorworld then promised to deliver the new Perodua Elza car within a month.

After a month went by, I went back to the car dealer, Ej Motorworld to enquire about my car but I was told by the car dealer that I cannot take delivery of the new car as the two trade in cars which I have traded in were still unsold.

After negotiation, the car dealer and I agreed to a new delivery date which is in December, 2010.

As the car dealer kept postponing the delivery date of the car I have ordered and paid, I was left with no other choice but to purchase a RM6,500 pre-owned Perodua Kancil car for my daily use.

Early this year, I went and approached the car dealer concern and seek for a full refund of my RM17,700 being my downpayment for the new Perodua Alza car but was told that the car dealer business premise is now occupied by a new tenant.

After reviewing through the proof of payment made by the claimant to Ej Motorworld, the presiding Tribunal President ruled in favour of the claimant, Mohd Fadle and directed Ej Motorworld to refund the full downpayment amount of RM17,700 to the claimant within fourteen days.

Ej Motorworld representative was not present during the tribunal proceeding.