The judge also mentioned for the need for a “lemon law” after hearing the appeal brought by FA Wagen.
During the pandemic, one of the lawsuits that caught our attention was one brought by a disgruntled Volkswagen Polo Sedan owner against the dealership that sold him the car, FA Wagen. We reported on this back in 2021 when the sessions court awarded the plaintiff RM90,000 in damages after finding that the vehicle had real and fundamental defects. It appears that FA Wagen was unsatisfied with the outcome of the case and decided to appeal.
However, the Court of Appeal has dismissed the appeal, according to a report by Free Malaysia Today. The appeal was rejected as the defendants were attempting to raise a point of law that was not brought up in the lower courts – whether the plaintiff could reject the cars after repairs were carried out and it was fit for delivery.
FA Wagen’s previous appeal to the High Court was also dismissed back in May 2021 and the Court of Appeal has ordered FA Wagen to pay an additional RM15,000 in costs. As a reminder, here are the facts of the case:
- In 2013, Poratha Corporation Sdn Bhd purchased a new Volkswagen Polo Sedan 1.6 for approximately RM105,000 from FA Wagen Sdn Bhd.
- After delivery, the car experienced numerous mechanical faults and defects, rendering it unusable between September 27, 2013, and March 17, 2016.
- The car was left at FA Wagen’s service center for repairs. During this period, Poratha had to hire another car at RM200 per day from October 15, 2013, to March 13, 2016.
- The car was still under warranty, and FA Wagen was obligated to repair and rectify the defects.
- Specific defects included:
- Defective gearbox and engine mounting
- Battery and tires needed replacement shortly after purchase
- Defective brake disc causing juddering when brakes were applied
- Faulty driver’s seat that couldn’t be locked in place
- Faulty air-conditioning system
- The Sessions Court found that FA Wagen failed to rectify the defects within a reasonable time, and Poratha had to continue paying hire purchase installments without being able to use the car.
- The court awarded Poratha:
- RM88,300 for loss of use of the car
- RM1,779 as special damages
- Additional interest and costs
