Ever been without wheels for a long time because your car was undergoing some major warranty repairs in the service centre? Well, deputy domestic trade and cost of living (KPDN) minister Datuk Dr Fuziah Salleh has put forward that you can seek compensation in the form of payment for rental vehicles or e-hailing, as long as you can prove the expenses were caused by your vehicle being unusable, The Star reports.
“Consumers should not be left to bear the burden themselves when the repair or replacement of a major component takes too long,” she said, adding that those who complied with warranty requirements and sent their vehicles to authorised service centres should not only be given fair consideration when prolonged repairs left them car-less, but be provided with replacement vehicles, mobility assistance or appropriate compensation.
“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,” Fuziah said, adding that for cases still unsolved after dealing with the supplier or service centre, the customer can file claims with the consumer claims tribunal.
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.
Fuziah however said that under the law, there is currently no maximum period stipulated for completing vehicle repairs, and what constitutes a “reasonable time” depends on on factors including the nature of the damage, spare parts availability and technical complexity, but KPDN would study if clearer parameters or a reasonable timeframe should be established.
“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,” she said, adding that the ministry is aware of customers’ concerns over the financial impact of prolonged spare-parts delays and loss of vehicle use.
“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.
The KPDN deputy minister reiterated that the ministry is studying the right-to-repair concept, which gives owners more access to technical information, spare parts and equipment needed to repair their vehicles.
“During the warranty period, owners are encouraged to go to authorised workshops because the warranty could be voided otherwise. However, when the warranty period ends, consumers have the option to choose other workshops. Currently, our country does not yet have the authority to access this information. However, this matter is being considered in the context of consumer rights,” she said in July.
