The tribunal has allowed Hamidah’s (left) claim of RM2,000 as refund for the car she bought for her daughter, Nurliyana.
LAST February, a woman decided to buy a car for her daughter during a promotional event at a Johor Baru hypermarket.
Hamidah Yunus, 58, chose a 1.6cc compact sedan car with on-the-road price of RM52,000 which included the car’s cost, registration fee, number plates and road tax fees for the first year.
The claimant, a factory supervisor, said the car was for her 22-year-old daughter, a student attending a public university.
“I paid the RM500 booking fee on Feb 8 and put the car under my daughter’s name, expecting the salesman to handle all the documentation, including applying for a full loan,” she told StarMetro outside the Johor Consumer Claims Tribunal in Menara Ansar.
However, the salesman from the car dealership called her a week later, informing that her daughter’s full-loan application was rejected as the bank was only willing to approve RM48,000.
Hamidah was told that the only way to secure a full loan was to have the car registered under her name, to which she agreed and paid RM2,500 on Feb 17.
“I was made to understand by the salesman that the RM2,500 would be returned to me once the loan was approved,” said Hamidah.
The RM58,000 loan was approved after about 10 days and the car was delivered on March 29.
Two weeks later, Hamidah requested the return of the RM2,500 from the car dealer.
“The salesman came up with many excuses and kept me waiting for the money,” she said.
Tribunal president Hafez Zalkapli ordered the respondent, who failed to attend the hearing, to refund RM2,000 to the claimant within two weeks.
In another case, housewife Rohati Surat paid RM500 deposit to book chalets at Jason Bay beach, in Tanjung Sedili, Kota Tinggi, on June 3.
The 62-year-old claimant said she booked five chalets for 20 family members, including her grandchildren, for an outing on Sept 13.
“Due to unforeseen circumstances and family matters, we had to cancel the bookings.”
Rohati went to see the resort operator on July 26, to inform him of the cancellation and requested a refund of the RM500.
“The operator offered to return RM250 to me but I declined.”
Earlier during the hearing, the respondent told the Tribunal that it was the company’s policy not to refund booking fees paid by guests.
“It is clearly stated in the booking terms and conditions, and the claimant was aware of this,” said the respondent, who claimed he had lost income as the chalets booked by Rohati could not be sold to other guests.
Tribunal president Hafez did not accept the reasons given by the respondent and pointed out that the claimant had cancelled the booking three months ahead.
“You could have rented the chalets to other guests, unless the cancellation was made by the claimant at the very last minute,” he said.
Hafez ordered the respondent to refund RM500 to the claimant within two weeks.
Those who need Tribunal assistance can call 07-227 1755 or 07-227 1766.
