PUTRAJAYA: The Court of Appeal has upheld the lower court decision ordering a car dealer to pay RM50,000 in damages to a German expatriate for hardship, inconvenience, frustration and insecure feeling caused by continuous defects in his sports utility vehicle (SUV).
A three-man bench comprising Justices Datuk Azhahari Kamal Ramli, Datuk Ismail Brahim and K. Muniandy dismissed the appeal by car dealer Auto Lumina Sdn Bhd with costs of RM30,000.
Ho Yeeng Sern, one of the lawyers representing Karl-Anton Droxner, when contacted by Bernama, confirmed the court's decision.
He said Justice Azhahari had ruled that there was no appealable error with the High Court's decision.
Droxner had filed a suit at the Johor Baru Sessions Court against the car dealer claiming a refund of RM169,813.00 (including bank interest), the amount being the purchase price of the vehicle.
He claimed the vehicle suffered continuous defects from the time it was first purchased in 2013 until 2018, during which he repeatedly sent it for repairs.
Droxner contended that he had been unable to fully use the vehicle since purchasing it.
On Nov 15, 2022, the Sessions Court allowed his claim for hardship, inconvenience, frustration, as well as insecure feelings while using the Ford Kuga 1.6.
The Sessions Court dismissed Droxner's claim for a refund of the purchase price of the vehicle, but allowed his compensation claim by awarding general damages for the hardship, inconvenience, frustration and feelings of insecurity he experienced while using the vehicle.
On Nov 8, 2023, the High Court dismissed Auto Lumina's appeal and upheld the decision of the Sessions Court. – Bernama
