YOU do not need us or any news source to confirm the issues that Volkswagen (VW) owners in Malaysia have had to deal with, as well as owners around the globe.
The world's second biggest automotive group has been plagued by recalls and issues for years and only in progressive countries with lemon laws in place have we seen defective VW vehicles being purchased back by the company or hefty compensation fines being paid.
Lemon car
Now, for any new car owner who has ever encountered the misfortune of owning a defective car in Malaysia (which is a rising common problem in recent years), the procedure of making a claim in the small claims court or even with a tribunal takes time and ends up with the car owner driving away in their defective car whilst the car manufacturer drives away laughing with their legal team.
Note, this is not just a VW issue in Malaysia, it happens with almost all car brands.
Common problem
This is a common issue in Malaysia and over the 22 years of our motoring journalist life, we have seen and met many car owners who have given up their chase for justice, even with new cars that have spent more time at the dealership workshop than in the hands of the owner, who continues to pay the monthly installments for a car they can’t use.
This happens with basic and with premium brands as well and as recent as 3 weeks ago we were trying to assist a national car brand owner who had ongoing issues with his new car.
Will things change
Well good news for Malaysian car owners came this week, as a recent court verdict in which the plaintiff was awarded over RM90,000 in damages for the loss of use of a defective new car.
This is a case that was brought forward by the manager of a company called ‘Poratha Corporation’ against Volkswagen dealer ‘FA Wagen’. The sessions court judge Mabel Sheela Muttiah ruled that the plaintiff has on the balance of probability proved its case against the defendant in regards to the breach of the Consumer Protection Act 1999.
This lawsuit revolves around a Volkswagen Polo Sedan 1.6 (launched in April 2012 at a selling price of RM99,888 and imported from India) that was bought by the manager of Poratha Corporation on March 15, 2013 for his wife to send their children to school.
A month after delivery of this brand new Polo sedan, mechanical faults and defects began appearing and so this Polo sedan was not usable for nearly three years (almost 36 months), from September 27, 2013 to March 17, 2016.
There was a long list of mechanical problems with this one month old imported Volkswagen starting with gearbox issues and failing engine mounts.
There was also evidence of a warped brake disk which caused juddering under braking (serious safety issue), a faulty air conditioning system and a driver’s seat that kept moving forward and backward (serious safety issue) as it could not be locked in a secure position.
To add to the list of issues, the car battery and its tyres had to be replaced within a short span of time after the purchase.
During the car's time at the authorised workshop, the plaintiff had to hire a car at a cost of RM200 a day from October 15, 2013 to March 13, 2016 when the Polo Sedan was left at FA Wagen’s service centre for repairs.
Judgment
In an 18-page judgment regarding the case, judge Mabel said that based on evidence by two witnesses and also on documents, there were ‘real and fundamental’ defects to the plaintiff’s Volkswagen Polo.
Moreover, as the Polo sedan was still under warranty at the time, the defendant (FA Wagen) was obligated to carry out the repairs and rectify the defects for the Polo sedan to be road worthy, and it was ruled that the defendant in this particular case had failed to do so within a reasonable time.
Going by the Consumer Protection Act 1999, which states that there is an implied guarantee that the goods supplied to a consumer shall be of acceptable quality, the sessions court judge has found that the statutory provision of ‘acceptable quality’ and ‘fit for purpose’ is wholly applicable in this case.
It therefore led to the judgment which allowed the plaintiff to claim RM1,779 in special damages, as well as RM88,300 for the loss of use of the car and interest that was mentioned in the statement of claim. FA Wagen has filed an appeal in the high court.
Will we get Lemon Law?
Additionally, in a passing remark with regards to this above mentioned case, judge Mable had suggested that our Malaysian government should look into adding a Lemon Law into the books.
“The Lemon Law is a remedy for purchasers of consumer products, particularly motorised vehicles, that repeatedly fail to meet the standards of quality and performance,” said the learned judge, adding that Singapore already has such legislation.
Open can of worms
What Judge Mable has done is to open a new chapter in car ownership in Malaysia as this now accelerates the number of legal cases that will be coming forward from many disgruntled car owners in Malaysia.
The large number of unhappy car owners can be easily seen in the many Facebook postings weekly by owners from various car brands. The lawyer for the plaintiff is going to need to expand their office staffing with the new influx of business. – The Vibes, February 17, 2021
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