Kota Kinabalu: The Consumer Claims Tribunal on Monday ordered a car dealer company to pay RM11,735 to a claimant, Nur Asia Agus, after the company’s negligence enabled an unauthorised broker to mislead her using an official receipt.
Tribunal President Salmi Zalinah Abdul Rahman directed Hajoon Sdn Bhd (the respondent) to settle the payment within 14 days of receiving the order.
AdvertisementSalmi reached the decision after finding evidence of negligence on the part of the respondent, who failed to adequately secure its office and official documents.
“This case involves a broker who gained access to the respondent’s office and issued an official receipt, leading the claimant to believe that Faizal B. Awang was still employed as a sales assistant with the company.
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According to the case facts, on Feb 20, 2023, the claimant paid a deposit of RM11,735 through Faizal to purchase a Perodua Ativa XJ3. An official receipt, including the vehicle’s licence plate number, was issued to her.
Advertisement (adsbygoogle = window.adsbygoogle || []).push({});The claimant was assured that the vehicle would arrive within two to three months.
However, after a year had passed with no updates, she was forced to renew her car loan application three times.
Advertisement (adsbygoogle = window.adsbygoogle || []).push({});Upon contacting Faizal regarding the delayed delivery, the claimant was informed that the vehicle was still out of stock.
Subsequently, on April 18, 2024, the claimant submitted a cancellation letter to Hajoon Sdn Bhd, requesting a refund of her deposit.
When the claimant’s sister visited the respondent’s office, she was informed that Faizal was no longer employed by the company and had been involved in a breach of trust.
During the hearing, Salmi said the respondent’s statement confirming that Faizal had resigned and had confessed to misappropriating customer funds for personal use.
“The respondent’s witness testified that the company had issued a memo to its branches regarding Faizal’s misconduct and filed a police report against him.
“Furthermore, brokers are strictly prohibited from entering the respondent’s branch offices,” Salmi said.