Compensation could be due for those waiting


Consumer protections: Workers repairing vehicles at a workshop in Shah Alam. Owners who complied with warranty requirements could be entitled to compensation for costs incurred by delays.— ART CHEN/The Star

PETALING JAYA: Owners of vehicles that are left unusable for long periods due to warranty repairs can seek compensation for transport costs incurred.

Deputy Domestic Trade and Cost of Living Minister Datuk Dr Fuziah Salleh said this could include payment for rental vehicles or e-hailing, as long as the owners could prove the expenses were genuinely caused by the vehicles being unusable.

“Consumers should not be left to bear the burden themselves when the repair or replacement of a major component takes too long,” she told The Star.

ALSO READ: Left in the lurch by delays

Fuziah said vehicle owners who complied with warranty requirements and sent their vehicles to authorised service centres should be given fair consideration when prolonged repairs left them without the use of their vehicles.

She said possible measures included providing replacement vehicles, mobility assistance or appropriate compensation where the delay was not caused by the consumer.

Under Section 41(1)(a) of the Consumer Protection Act, consumers may require a supplier to remedy a failure within a reasonable time, while Section 41(2) allows compensation for proven losses or damage resulting from the failure of the parts.

ALSO READ: Consumer groups flag gap for owners left without their vehicles

“Reasonable alternative transport costs, if proven to have resulted from the vehicle being unusable due to the failure, may be considered as part of a compensation claim,” she said.

Fuziah said consumers who remained unable to resolve their cases after dealing with the supplier or service centre could also file claims with the Consumer Claims Tribunal.

However, she said the law currently did not prescribe a specific maximum period for completing vehicle repairs.

Instead, what constitutes a “reasonable time” depends on factors including the nature of the damage, availability of spare parts and technical complexity.

When asked, Fuziah noted the ministry would examine whether clearer parameters or a reasonable timeframe should be established for major warranty repairs.

“Any mechanism to be introduced needs to be refined with stakeholders to ensure it is practical and fair, without creating uncertainty for consumers or the industry.”

Fuziah said the ministry was also aware of consumers’ concerns over the financial impact of prolonged spare-parts delays and loss of vehicle use.

She said issues such as replacement vehicles, compensation for periods when vehicles could not be used and alternative transport costs would be considered as the government worked to strengthen consumer protection.

“The ministry is always open to examining whether there is a need to strengthen existing mechanisms, including the responsibilities of industry towards consumers who lose the use of their vehicles for an unreasonable period due to delays in warranty repairs,” she said.

Fuziah also said the ministry was studying the concept of “right to repair”, which would give vehicle owners greater access to technical information, spare parts and equipment needed to repair their vehicles.

However, during the warranty period, consumers are encouraged to use authorised service centres as repairs by other parties could affect their warranty coverage.

The proposed framework was intended to strengthen consumer rights while ensuring the automotive industry could maintain appropriate safety, quality and warranty standards, she said.

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