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 Lemon law: you can sue and you can win

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Roman Catholic
post Jan 7 2024, 05:36 AM

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QUOTE(EnergyAnalyst @ Jan 6 2024, 12:08 PM)
https://www.nst.com.my/news/nation/2024/01/...google_vignette
Nagakanni expressed her gratitude to netizens who supported her in her efforts to claim her rights as a consumer.

"Most importantly, thank you to everyone who helped me claim this right. I am indebted to you.

"The struggle to claim our rights from big companies is not easy, especially for me, a clerk who is just like an ant.

"But I learned something.

"Even if we are as small as ants, if we unite regardless of colour and race, we will succeed. Finally, because of sugar, the ants have united," she said.

*
Ms Nagakanni should learn to listen more to those higher up in authority especially when the COO comes out with a press statement and stop jumping into crazy ass conclusion based on ones limited understanding. Dah keluar press statement , masih berani cakap where is the black & white. Depan mata pun tak nampak. Buang masa aku tengah main golf nak datang buat press statement je. But customer always comes first.

This post has been edited by Roman Catholic: Jan 7 2024, 08:31 AM
TSEnergyAnalyst
post Jan 13 2024, 01:11 AM

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https://www.nst.com.my/news/nation/2024/01/...ner-shares-same

One more lemon reported
rumahwip
post Jan 15 2024, 07:21 AM

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and CRV
ayamxxx
post Jan 15 2024, 10:11 AM

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https://www.thevibes.com/articles/news/8494...7vYsERsgA2FLTFc

Claim 200k, won only rm50k lol. No wonder company all taici mode
ayamxxx
post Jan 15 2024, 10:13 AM

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HM steering rack, lemon law applied? Warranty claim got the same defective parts how to resolve even after 5 times change
TSEnergyAnalyst
post Jan 15 2024, 10:50 PM

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QUOTE(ayamxxx @ Jan 15 2024, 10:11 AM)
https://www.thevibes.com/articles/news/8494...7vYsERsgA2FLTFc

Claim 200k, won only rm50k lol. No wonder company all taici mode
*
Just not sure if RM50k is sufficient to cover his lawyer's fee.
Roman Catholic
post Jan 16 2024, 07:24 AM

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QUOTE(ayamxxx @ Jan 15 2024, 10:11 AM)
https://www.thevibes.com/articles/news/8494...7vYsERsgA2FLTFc

Claim 200k, won only rm50k lol. No wonder company all taici mode
*
I don't understand why was the first defendant, the sole distributor dismissed from the case, when it is them that who should be held to a higher level of accountability & liability.

Another thing is, "affects and issues raised by the plaintiff were not seriously disputed by the defendants." WTF is that supposed to mean and then award Rm50,000 compensation since the vehicle was used for 425 days trouble free ?

This post has been edited by Roman Catholic: Jan 16 2024, 07:34 AM
ayamxxx
post Jan 16 2024, 08:16 AM

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QUOTE(Roman Catholic @ Jan 16 2024, 07:24 AM)
I don't understand why was the first defendant, the sole distributor dismissed from the case, when it is them that who should be held to a higher level of accountability & liability.

Another thing is, "affects and issues raised by the plaintiff were not seriously disputed by the defendants." WTF is that supposed to mean and then award Rm50,000 compensation since the vehicle was used for 425 days trouble free ?
*
In short we dont have lemon law hence manufacturers can play their game to taici etc.
Roman Catholic
post Jan 16 2024, 10:12 AM

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QUOTE(ayamxxx @ Jan 16 2024, 08:16 AM)
In short we dont have lemon law hence manufacturers can play their game to taici etc.
*
When the court awarded compensation in the other case involving a defective VW, I thought the courts were doing alright but this case is like WTF ?

Now whichever party that pushes for Lemon Law until it is effective, wins my vote in the next GE. Scratch my back and I will scratch yours.

This post has been edited by Roman Catholic: Jan 16 2024, 10:14 AM
Roman Catholic
post Jan 16 2024, 10:12 AM

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Oops

This post has been edited by Roman Catholic: Jan 16 2024, 10:13 AM
isr25
post Jan 16 2024, 10:46 AM

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Just in case - this is the decision from the courts between FA Wagen and Poratha Corporation.

Sessions Court:
https://www.scribd.com/document/604807517/F...N-SESSION-COURT
High Court:
https://www.scribd.com/document/604807516/F...agen-Apex-Court

From what I understand from reading the judgement, it's not lemon law or suing to get new car / change mind to get the car coz defective. The person is suing based on loss of use for 883 days x RM100
Roman Catholic
post Jan 16 2024, 09:26 PM

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QUOTE(isr25 @ Jan 16 2024, 10:46 AM)
Just in case - this is the decision from the courts between FA Wagen and Poratha Corporation.

Sessions Court:
https://www.scribd.com/document/604807517/F...N-SESSION-COURT
High Court:
https://www.scribd.com/document/604807516/F...agen-Apex-Court

From what I understand from reading the judgement, it's not lemon law or suing to get new car / change mind to get the car coz defective. The person is suing based on loss of use for 883 days x RM100
*
You must be a lawyer or judge, otherwise where can find such links. Yes this case was loss of use. Quite ridiculous buy car but cannot use for 883 days within it's warranty period. Can't use Lemon Law if there was no such law right ? Anyway the Lemon Law is an American Law or what ?

This post has been edited by Roman Catholic: Jan 16 2024, 09:27 PM
TSEnergyAnalyst
post Jan 17 2024, 01:31 AM

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Yes folks , no lemon law yet , hence we badly need one
BL98
post Jan 17 2024, 01:45 AM

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Not fair to car dealerships in Malaysia. How to make maximum profits if every time need to be liable to every malfunctioning car?
Roman Catholic
post Jan 17 2024, 04:37 AM

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QUOTE(BL98 @ Jan 17 2024, 01:45 AM)
Not fair to car dealerships in Malaysia. How to make maximum profits if every time need to be liable to every malfunctioning car?
*
Why is the dealership liable again ? Why isn't the manufacturer that is liable ? Manufacturer or dealer yang pasang vehicles ? Shouldn't the manufacturer be producing vehicles that are of certain standard & quality, so that their vehicles are operable especially within it's warranty period ?

It's similiar to when buyers or their financier makes payment to the manufacturer via their dealership, don't the manufacturers & their dealers receive the full amount billed ? Ada ke tak terima full amount ? If ada, tak terima full amount atau tak dapat sebarang bayaran langsung or kena duit palsu ke, then tak payah be held liable for detective vehicles.

Ini kira vehicles yang defective aje tahu, belum lagi saya masuk "sengaja defective by design tanpa disedari ramai" tahu.

This post has been edited by Roman Catholic: Jan 17 2024, 07:18 AM
rumahwip
post Jan 17 2024, 07:48 AM

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we need lemon law
TSEnergyAnalyst
post Jan 17 2024, 09:21 AM

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QUOTE(Roman Catholic @ Jan 17 2024, 04:37 AM)
Why is the dealership liable again ? Why isn't the manufacturer that is liable ? Manufacturer or dealer yang pasang vehicles ? Shouldn't the manufacturer be producing vehicles that are of certain standard & quality, so that their vehicles are operable  especially within it's warranty period ?

It's similiar to when buyers or their financier makes payment to the manufacturer via their dealership, don't the manufacturers & their dealers receive the full amount billed ? Ada ke tak terima full amount ? If ada, tak terima full amount atau tak dapat sebarang bayaran langsung or kena duit palsu ke, then tak payah be held liable for detective vehicles.

Ini kira vehicles yang defective aje tahu, belum lagi saya masuk "sengaja defective by design tanpa disedari ramai" tahu.
*
The simplest way to put it is precisely we do not have lemon law yet, hence dealer becomes the only one liable because they are they are the only one entering into the sales and purchase agreement with the car buyer.

When you book a car, you make payment to the dealer when doing booking (booking fee) . When paying the rest of the purchase price , you and also your financier pay to dealer and not the principal (car maker) or car assembler and certainly not master dealer.

No direct dealing some say, I am not saying this is right but I am saying this is why.

TSEnergyAnalyst
post Jan 17 2024, 09:22 AM

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What Is a Lemon Law? The first lemon law was enacted in the USA in 1975 as the Magnuson-Moss Warranty Act. It was first enacted to protect consumers whose car warranties had loopholes that allowed manufacturers to worm their way out of honoring their customers' warranty claims.

Malaysia only already has a Consumer Protection Act (CPA) which came into effect in 1999. This act aims to provide greater protection to consumers and allows us to go to the Consumer Redressal Tribunal for any dispute or claim of not more than RM50,000. Under the CPA, you as a consumer, have these rights.

The right to all the products and services of daily basic needs including food, clothes, health, education, and housing.

Protection from products, services, and manufacturing processes that may expose you to danger.

The right to obtain accurate information about a product and service.

Freedom in buying and being assured that a product or service you need comes through the right channels, based on the right price.

Right to claim damages from unfair practices from the supplier or manufacturer.

While the CPA does provide protection to consumers, a lemon law can strengthen the CPA and provide additional protection, especially to car buyers.
https://www.carsome.my/news/item/what-is-le...rranty%20claims.




This post has been edited by EnergyAnalyst: Jan 17 2024, 09:29 AM
lordgamer3
post Jan 17 2024, 09:28 AM

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They should shut up and pay customer . Punde pay so much for German car wonder if that car was assembled in Pekan. Lanjiao they dare take to high court what Sohai customer service is this.
e-lite
post Jan 17 2024, 10:23 AM

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QUOTE(Roman Catholic @ Jan 16 2024, 10:12 AM)
When the court awarded compensation in the other case involving a defective VW, I thought the courts were doing alright but this case is like WTF ?

Now whichever party that pushes for Lemon Law until it is effective, wins my vote in the next GE. Scratch my back and I will scratch yours.
*
very easy to implement one. can copy paste the laws in us or australia.

but you know lah

proton = syed mokthar
perodua = sime darby (government)
toyota = sime darby (government)
honda = syed mokthar

who dare to implement lemon law innocent.gif

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