Faulty shock absorbers land shop owner in court


AFTER having to spend extra money to replace a set of shock absorbers for his car, a cabinet maker sought reparation in court.

Claimant Mohd Amin Darman said he had paid RM1,435 on Oct 25, 2020, for new shock absorbers at a car spare parts shop in Taman Tan Sri Yaakob, Johor Baru.

The shock absorbers came with a one-year warranty, he said outside the Johor Baru Consumer Claims Tribunal.

The 35-year-old claimant said the shock absorbers started giving problems on Oct 28, emitting noises especially when the car was driven on uneven roads or while taking corners.

Mohd Amin said he returned to the shop on the same day to have the shock absorbers replaced.

“But on the way home I could hear noises from the new shock absorbers too,” he said.

The claimant said he decided not to use the car as he felt it was unsafe. He then filed a case at the Johor Baru Consumer Claims Tribunal.

Mohd Amin said he wanted shock absorbers of a different brand and was willing to pay for them.

“I went to the shop in April last year but the proprietor told me he would only replace with shock absorbers of the same brand,” he said.

The claimant and respondent had in February this year attended hearings before tribunal president Lee Chee Thim, where the claimant submitted his claims for RM1,435.

The president had adjourned the hearings to April and requested the claimant to bring an expert on car spare parts as a witness to support his claims.

Workshop owner Mohd Fairus Md Rauzan, 38, who testified as a witness, said there were “leaks” in the shock absorbers, which resulted in the sounds when the car was driven.

“You can hear the sounds when driving on uneven roads but not on highways, and when manoeuvring corners, the car could lose balance,” he said.

Mohd Fairus, who has Level One certificate in automation from Giat Mara, Sungai Rambai in Melaka, has been working as a foreman in a car workshop for 14 years, three years as a co-partner and has been running his own car workshop for three years in Taman Laman Indah, Pulai Indah.

The witness, who tested the shock absorbers in January 2021, confirmed that there were leaks that posed risks.

The respondent said he could not return the RM1,435 to the claimant as the latter had already gone to another workshop to have the shock absorbers replaced.

“I was willing to replace with shock absorbers of the same brand but the claimant insisted on another brand,” he said.

The respondent said he was unable to recoup the cost of the shock absorbers as they had been used.

He added that he made only about RM300 in profit from the RM1,435 charged.

Mohd Amin said he had no faith in the quality of the shock absorber, adding that the problems started within a few days of installation.

The respondent told the tribunal that he was willing to return only RM600 of RM1,435 paid by the claimant.

Lee proposed that he increase the offer to RM1,000.

Initially, the respondent declined but later changed his mind when Mohd Amin told the president that he was willing to accept RM1,000 instead of the full amount.

Lim ordered the respondent to reimburse RM1,000 to Mohd Amin within two weeks.

The claimant was also ordered to return the shock absorbers to the respondent.

“I paid RM2,650 to have the shock absorbers changed last November and they have not given me any problems,” Mohd Amin added.

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