Court dismisses dealer’s final appeal over defective VW Polo car

Free Malaysia Today

Court of Appeal disallows FA Wagen Sdn Bhd from raising a point of law not canvassed in the courts’ below.  Read More:  https://www.freemalaysiatoday.com/category/nation/2024/10/01/court-dismisses-dealers-final-appeal-over-defective-vw-polo-car/  Free Malaysia Today is an independent, bi-lingual news portal with a focus on Malaysian current affairs.    Subscribe to our channel - http://bit.ly/2Qo08ry   ------------------------------------------------------------------------------------------------------------------------------------------------------ Check us out at https://www.freemalaysiatoday.com Follow FMT on Facebook: https://bit.ly/49JJoo5 Follow FMT on Dailymotion: https://bit.ly/2WGITHM Follow FMT on X: https://bit.ly/48zARSW  Follow FMT on Instagram: https://bit.ly/48Cq76h Follow FMT on TikTok : https://bit.ly/3uKuQFp Follow FMT Berita on TikTok: https://bit.ly/48vpnQG  Follow FMT Telegram - https://bit.ly/42VyzMX Follow FMT LinkedIn - https://bit.ly/42YytEb Follow FMT Lifestyle on Instagram: https://bit.ly/42WrsUj Follow FMT on WhatsApp: https://bit.ly/49GMbxW  ------------------------------------------------------------------------------------------------------------------------------------------------------ Download FMT News App: Google Play – http://bit.ly/2YSuV46 App Store – https://apple.co/2HNH7gZ Huawei AppGallery - https://bit.ly/2D2OpNP  #FMTNews #RavinthranParamaguru #MabelSheelaMuttiah #FAWagen #PorathaCorporation

Transcript

00:00The Court of Appeal affirmed a lower court's decision to award Borota Corporation Sindram

00:07Burhat 90,000 ringgit in damages for loss of use of a new Volkswagen Polo sedan 1.6

00:15purchased from a Continental Car Distributor which turned out to be defective.

00:21Justice Ravindran Paramaguru, leading the three-member bench, rejected F-A-Wagon Sindram

00:27Burhat's attempt to raise a point of law not canvassed by the parties in the courts below.

00:33The issue F-A-Wagon sought to raise was whether Borota could reject a car after repairs were

00:39carried out and it was fit for delivery. The court also ordered F-A-Wagon to pay

00:4515,000 ringgit in costs. In 2020, then-Sessions Court Judge Mabel Sheila Mutia said Borota had

00:53proven its case on a balance of probabilities. The judge allowed Borota's claim for RM88,300

01:01for the loss of use of the car, RM1,779 as special damages, interest, and costs.

01:10Mabel found that the car was not of acceptable quality and fit for purpose as required under the

01:16law.

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