A miscommunication between a claimant and respondent regarding a stolen motorcycle has led to a case being filed with the Johor Baru Consumer Claims Tribunal.
A motorcycle belonging to 39-year-old claimant M. Sevathan was reported stolen on Sept 6, 2021 at a shop in Jalan Raya, Kulai while he was out buying cigarettes.
“My son parked the motorcycle at the side of the shop lot at midnight,” the claimant’s father M. Muruthy, 71, said when met.
The former lorry driver said two men attacked his son as he was walking towards the motorcycle.
“My son suffered injuries on his face and arms and the attackers rode away with the motorcycle,” added Muruthy.
The next day, they lodged a police report and the officer on duty said the suspects, believed to be drug addicts, were involved in motorcycle thefts in Kulai.
“Apparently, motorcycle thefts are quite rampant in the district including in our neighbourhood,” said Muruthy, standing in on behalf of Sevathan, who was away and could not be present on the hearing date.
Muruthy said his son decided to file the case with the tribunal as he was dissatisfied with the respondent, the motorcycle company, for demanding his son make extra payment for the stolen vehicle.
He said Sevathan had paid RM6,000 for the RM6,883.92 motorcycle, and yet the respondent said he owed RM3,300 in outstanding payments and interests.
“How can he pay the sum when the motorcycle was missing and we have a police report to support our claim?” asked Muruthy.
Muruthy claimed he received a call from a man who identified himself as the company’s staff from its Kulai branch, demanding for the outstanding payments or risk going to jail.
“The caller whom I did not recognise claimed the company had found the motorcycle and it was auctioned to settle the debt,” he said.
The respondent, who is from the company’s headquarters in Kluang, told the tribunal that the motorcycle was recovered on Aug 23, 2022 and was together with the claimant at the Skudai police station to identify it.
The respondent said the vehicle could not be handed over to the claimant and it was being kept at the shop pending insurance claims.
“We submitted a claim for RM2,000 to repair the motorcycle but the insurance company approved RM1,179 on March 28, 2023,” added the respondent.
The respondent said the company also lodged a police report, with a copy given to Muruthy, that the motorcycle was not auctioned off as claimed.
He said the company was waiting for the insurance sum to repair the damaged motorcycle.
“We never instructed staff from our Kulai branch to call Muruthy to threaten him that he will be jailed for failing to settle the outstanding balance,” said the respondent.
The respondent added that the company tried calling Muruthy a number of times but their calls went unanswered and no one replied to the messages sent.
Tribunal president Hamidun Abdul Fatah ordered both parties to settle the case as there were elements of misunderstanding and miscommunication.
The claimant agreed to pay the outstanding amount including interest in seven installments totalling RM3,500.
The first payment of RM500 is due in September and the last in March 2024.
The respondent agreed to send the motorcycle to the claimant’s house in October at no cost.
The claimant is to sign a new agreement to settle dues owed.
“The respondent has the right to confiscate the motorcycle if the claimant fails to settle payments within the stipulated period,” Hamidun reminded Muruthy.
Those in need of assistance regarding tribunal matters can call 07-2271755/1766.
