THE Johor Baru Consumer Claims Tribunal has ordered a used car dealer to buy back a car sold to a customer citing negligence.
The directive was meted against the dealer for failing to inspect the car’s true mileage before buying the vehicle from its previous owner.
“In this case, the buyer (claimant) has no technical knowledge whatsoever about the car including the odometer, an instrument used for measuring the distance travelled by the vehicle,” said Tribunal president Lee Chee Thim.
He told the respondent who attended the hearing that it was the prerogative of the company to check the mileage before selling the car to the claimant.
Lim said the car sold to the claimant for RM79,000 had already clocked 373,099km, instead of 75,000km, when it was delivered to the buyer.
“The price of a similar model made in 2015 with 373,099km should be lower than RM79,000,” he said.
Lim ordered the respondent to buy back the car from the claimant at RM75,000 within two weeks and the claimant to return the car to the respondent within those 14 days.
Claimant, Fairus Ibrahim, 46, from Lima Kedai in Gelang Patah, went to the dealer in Taman Desa Jaya, Johor Baru in June 2023, looking for a used car.
After a test drive, she settled for a 2015 Japanese-made 2.5-litre hybrid sedan, priced at RM79,000.
“I paid RM13,991 deposit via bank transfer and got a RM65,000 loan from a credit company,” Fairus said outside the Tribunal at Menara Ansar.
Fairus said the car was delivered to her on Aug 18, 2023.
However, a month later, she noticed that the car had begun making noises including screeching sounds.
On Oct 23, 2023, the claimant sent the car for service at a workshop in Taman Nusa Perintis, Gelang Patah, but technicians did not find any problems with the vehicle.
She said on her way to work the next day, the noises recurred.
Fairus added that on some days, there was no noise but on other days, it came back.
Fairus went to a 3S (sales, service and spare parts) centre in Skudai last December to have the vehicle fully inspected.
“They found that the odometer had been tampered with, as based on the service records by the previous owner, the car was last sent for service on May 25, 2023 clocking 373,059km,” she said.
Fairus decided to file the case at the Tribunal as she felt cheated and wanted her RM79,000 back.
Those who need assistance in regard to Tribunal matters can call 07-2271755/1766.