15 Nov 2022
XXXX 1. ) SIME DARBY MOTORS SDN BHD 2. ) AUTO LUMINA SDN BHD 3. ) CENTURY LEGION SDN BHD
- Citation
- JA-A52NCvC-71-02/2019 (Mahkamah Sesyen)
- Court
- Sessions Court
- Case number
- JA-A52NCvC-71-02/2019 (Mahkamah Sesyen)
Plaintiff had locus standi as registered owner; although defects existed, they were not fundamental such as to render the vehicle unmerchantable or unfit for purpose; plaintiff effectively accepted the vehicle by retaining and using it for a reasonable period (425 days) and the defects were remedied under warranty within reasonable time; therefore no entitlement to full refund but plaintiff proved loss and distress warranting damages of RM50,000.