Kota Kinabalu: The Consumer Claims Tribunal on Wednesday ordered a company, Impian Erajaya Sdn Bhd, to refund RM10,000 to one Kashful Anuar Che Man as the vehicle promised to him could not be delivered to him.Kashful said he had dealt with the company in Kedah to buy a Toyota Wish, and had agreed to bank in RM10,000 as deposit for the vehicle through the Impian Erajaya's sub company - SPS Motorsport - in December last year.
However, after banking in the money and waiting for three months, there was no sign of the vehicle and every time he asked to see the vehicle, representatives of the company would say the vehicle is either in Kedah or Kuala Lumpur.
"Then one day the salesperson decided not to answer my calls anymore but his handphone and e-mail were still in use," he said.
After calling Ambank, he said he found out that the loan to purchase the vehicle was never released.
Tribunal President, Datuk Dr Lawrence Thien, then ordered that the award be paid within 14 days. No one from the company was present during the hearing.
In another unrelated case, the tribunal dismissed a guarantor, Mohammad Fadzil Zulkanain's claim to have his blacklisted name and sum owed cancelled from a company's list after failing to pay the installments on a motorcycle bought by his friend.
He said the motorcycle was bought on August 2010 but was sent back to Heng Lian Credit and Leasing Sdn Bhd when his friend could not pay the monthly installments.
He was unhappy that he had to pay the remaining installments even though the motorcycle had been sold off last month.
In their defence, a representative of the credit company said they had informed Fadzil that they would sell the motorcycle off if he could not pay for it, and since it has been 21 months, the motorcycle had to be sold off.
"However he still has to pay the remaining sum owed because we only managed to sell it for RM500," said the representative.
Thien, in this respect, said Fadzil's claim (cancel the sum owed) as well as the company's claim (for Fadzil to pay the sum owed) are to be dismissed, because whatever it was, the motorcycle was bought and had to be paid in full whether or not it has been sold, but that the payment should be sought from the true buyer and not Fadzil, who is just a guarantor.
In a similar case, Bikersport was ordered to refund RM3,025 to one, Mirul Enau for shoddy repair work on his motorcycle recently.
Mirul said there was engine noise and black oil leaking after he took it
back, thus he wanted his money back to send it for repair elsewhere.
Meanwhile, Fricotech Sales and Services Sdn Bhd was ordered to return RM1,899 to an elderly woman, Alipah Jabidin, for transferring money from her bank account for the purchase of a three level steamer without her consent and knowledge in March.
Alipah said she went to Parkwell Putatan to buy some groceries, when two salespersons known as Marina and Ajirul approached her, and asked her to open up a coupon.
"After the coupon was opened, I saw the picture of a microwave oven, which then they said was free for me if I bought any other item (and get another RM100 discount) in the store that day.
"So I chose the steamer which cost RM1,999, and agreed to pay for it on an installment basis.
I gave my bank card and pin number to them without suspecting anything.
"I only realised that RM1,899 had been credited from my account later when my son asked me to check the balance to buy something else," she pointed out.
Thien ordered the company to refund her the RM1,899.
No representative from the company was present at the hearing.
He also advised customers to ask for receipts for whatever they have paid or bought no matter when or where they are, and no matter what the salesperson says.
