tribunal pengguna(the so-called).
Sequence of events.
(30/1/2004 . 9pm++)
Just after passing one exit before Bidor, the car suddenly lose power, and I ‘ve to stepped on the clutch to ensure smooth stop at the road sides. And, then a smoke broke out from the front bonnet(right side/driver side), and white smoke filled up the air. There exist some rattling sound, and the engine immediately stopped. I’ve to navigate slowly to the sides, since there are many speeding cars tailing and on the other right lane. After stopping the car, we switched off the engine, and afraid of fire or other bad consequences, I pulled out luggages from the car, and put them by the road side. I asked my wife to leave the scene immediately.
The ‘Raya Haji’ holiday is too short. We’re on our way to get back home for ‘Raya Haji’. It is a desperate condition and we need to make decision quickly.
Since the vent happened by the highway (dark area, closest light does not shine that area). And, since this happened during the ‘Raya Haji eve’, and there are many speeding cars along the site. We need to decide quickly to ensure the incident did not get any worse.( it is common for incoming vehicles to hit cars on emergency lane along this highway)
After many attempts to contact the MNIonline insurance company and to get them to tow the car closest to Ipoh, or to Ipoh(and after being consulted by the PLUS personnel, and his suggestion for us to bring the car to this so-called reliable workshop(Ah Peng Workshop).
Since, this is our first time getting into a situation where the car suddenly stopped, and gave out smokes from the from bonnet. Therefore, we got panicked and open ourselves to any suggestion made by the so-called experienced people like the PLUS staff and the mechanics at Ah Peng Workshop. The PLUS highway personnel suggested that the air-cond compressor made noises, and this could gave out spark and can be harmful or dangerous to continue driving with this condition. The only option is to tow it away from the scene to the nearest toll station. And, the only way to go about with this condition, the PLUS highway personnel suggested us to bring the car to this Ah Peng Workshop for further checkup and repairs.
The PLUS highway personnel towed the car at the back of his STORM to the next toll, and over there another tow truck has been waiting for us. We accompanied the car on another vehicle, a white proton saga.
At the Ah Peng Workshop, we are told, that the mechanics are not around to check, and the other people around there may have no knowledge of this problem(mechanical problem). We have to leave the car, and let the Ah Peng Workshop mechanics to check the car first tomorrow.
I’ve told Ah Peng that I need to know the exact price for this repair before he should proceed with anything further after the initial checking.
Later, we waited for my wife’s brother at the toll station, and finally got back to Ipoh at 12 midnight. The journey from this toll station to home took about 2 hours with so many cars on the highway during the festive season.
(31/1/2004 morning-till evening, many attempts to find out the status and estimated costs)
The next day, when we called Ah Peng told us that we will have to wait because there was no supply for spare parts and, he could not predict the actual price without knowing the spare part prices first.
(1/1/2004 evening, after many calls from the morning to the evening)
On the second day, we manage to get the price in the evening. And, since the price subjected to this repair amounted to rm1,582.00 . Since , the price feel awkwards and not quite OK to me, I insisted that he put things back together, and I’ll took the car from him. And, I told him that, I don’t mind paying him the workmanship fee. But, Ah Peng did not agree to this and told me to come over to the workshop to discuss. And, since I did not have any transport and the trip there would took 2 hours to get there, and another 2 hours to get back. It seems almost impossible at that time.
After much negotiation, we agree that he continue repairing and to complete the repair. But, I inisisted on genuine Perodua spare parts, which Ah Peng agree and will provide me with the warranty paper and documents to prove that those replaced components are indeed genuine Perodua parts.
And, one thing which I really stress and really asked Ah Peng is the fact wether he really know and have experiences repairing air cond system for this Kancil model. Which he answered with YES.
(2/2/2004. My brother in-law sent us from Ipoh with all our luggages and stuff to Bidor.)
The car repair finally announced complete by Ah Peng and told us to come over and take it. Since, we’re rushing to get back to work(the next day, is a working day for both of us). Therefore, we are hoping for the best and reliable repair by the Ah Peng Workshop.
However, when we got there, there was no warranty letter, or documents that state any of the installed components(spare-parts) are Perodua genuine parts. I asked Ah Peng and his mechanics, but there is no absolute answer. The only thing that Ah Peng can give us at that time was- a 3 month warranty by his workshop, not Perodua.
Since, I ‘ve no idea how a compressor look like, and how to distinguish a genuine, recond or refurbished spare parts, I ‘ve decided to bring the car back to Kuala Lumpur first, and then find out the reality of this repair job.
When we decided to go to Bidor to Ah Peng Workshop to get the car, we brought along all our stuff and decided to get back straight away to Kuala Lumpur after paying the repair fee. And, we do not have the choice of cancelling or delaying this to another date, because both of us are working on the next day. And, the car is the sole transport for my wife to get to work. The only choice available at that time – is to get back to Kuala Lumpur.
After some basic checking, which I have no idea, of what to check for- we decided that it is best to pay first, and go back to Kuala Lumpur and query about the reapir later. After all, that is what you expect after paying a large sum for a repair at any car workshop.
After getting back to Kuala Lumpur, I brought the car to Perodua Jalan Damansara Puchong to check for any discrepancies or negligences on their side, because we sent the the car to Perodua a day before the trip back home to Ipoh.
(11/2/2004, official meeting and testing at PSSB Puchong)
After a second appointment(and meeting with the Sales Manager) at Perodua, a thorough checkup and testing was conducted. The chief mechanic have proved that there was no negligences on Perodua side, however, there exist a new issue. All parts installed are not Perodua genuine components(as claimed, and specially asked by me to Ah Peng), and some components are reconditioned item(with no serial number, no origin identity). I got confused by this and asked Perodua Chief Mechanic to do a detail check on this matter. He asked me to go to another service center, which is a recognised and authorised air-condition service center by Perodua.
Upon reaching there, the Chief Mechanic checked for thermostat condition because the result from the Perodua Chief Mechanic check proved that the air-condition continue to work hard after 5-10 minutes( which is beyond normal operating condition). The supposedly condition would be—for the air –condition to stop for a while, wait for the thermostat to signal high temperature, and then start the compressor again. This does not happen even after half an hour waiting for it to stop, and the temperature does not get cold.
The Chief Mechanic at this authorised Perodua air-condition service center, then checked the compression level, and he confirmed that the previous repair is of low quality, and the compressor is already in bad condition when Ah Peng mechanic installed it into this car. And, he claimed that this previous repair is not guaranteed and he suggested that is stopped using the air condition to reduce the possibility of any further damage to the system and other related system. The installed compressor can have a breakdown, and he supposed that I don’t want that to happen, because by then the repair cost would be too much and accumulated.
The Chief Mechanic at this authorised Perodua air- condition service center told me that he can repair the damage done to the car, but he had to replace all the previously installed spare-parts( because of their low-quality and reconditioned with no guarantee of whatsoever), and he need to check almost all of the car system related to air-cond to validate any error or flase installation by the previous repair. And, he need to clean the entire system from the lack of quality control from the previous repair.(This is proven by the low gas pressure on the tank readings(read-outs) and that current air-condition performance level.
The air-condition system need to be replaced most of its components and cleansed from any debrises and other dirt elements since the previous workmanship has disregard this aspect, and it is suggested that the previous installation is not properly conducted and might has caused continuous problem to the system.
Therefore, the accumulated cost for repair for the air-condition system is predicted to be high.
And, during which the air condition has ceased from working, we have to drive with open window during any weather condition.
What make we decide to go ahead with the repair?
When/How we found out that we are being tricked?
Caused Problem(Masalah berbangkit).
a) Incovenience to my wife to travel to work , during work hour and back home every weekdays.
1) during hot days, the temperature during this season is too hot, it cause discomfort and irritating feels to the skin to drive around with no air-condition.
2) During rainy situation, it is dangerous and risky to continue driving with no air-condition. Driving with little window opening while it’s raining will cause the visibility to minimal, due to the amount of moisture and temperature differences that cause the front mirror to form a layer of substances. This would require cleansing the front mirror with one hand, while controlling the steering with the other. This statement would suggest that, it is dangerous to dreive in this situation and risky. However, stopping might not be an option to some road condition and characteristics(no emergency lanes and etcs).
b) The continuous uses of the car with no air-condition has a temperature disadvantage. The thermometer which control or engage the fan to function only works at higher than usual temperature. This cause the engine temperature(as seen on the tachometer), to remain or reach hot temperature majority of the time during day driving. This will eventually cause wear and tear to the engine internal parts.
c) The car window system is now in bad shape, as we have to continuosly roll down and up according to weather condition, and to release(lower the internal temperature) to minimise the front screen from getting moist and minimise visibility for safe driving condition.
d) The situation created by this condition has led us to a risky condition. And, the condition can even get to high risk situation when we have to drive through rainy weather or, following lorries with debrises splattered everywhere, and dust everywhere on the road. This has caused us to suffer a terrible and irritating condition whilst driving to work and to other palces of our interest.
The system has not been used(when advised by the Perodua authorised air-condition service center):-
a) to make sure that the problem with the air-condition will remain constant until the hearing. This will give the current condition of the air-condition system for the tribunal to decide what has been installed and its non-functioning and bad status.
b) To make sure that the air-condition problem does not increase more wear and tear to other components of the car.
c) To make sure that the vibration caused by this air-condition parts does not have any negative impact on other parts of the car system.
d) To ensure the safety of the driver and passenger, since there is a probability for another breakdown caused by this air-condition compressor and its components bad condition.
Keyword:
a) we asked for original Perodua spare parts( Ah Peng answered OK.) --- but not delivered as promised.
b) we asked for warranty and other related spare-part documents. ( Ah Peng answered OK.) --- but not delivered as promised.
c) We asked for a good service and repair quality. ( Ah Peng answered OK.) --- but not delivered as promised.
d) We asked wether he can do air-cond repair. ( Ah Peng answered OK.) --- but not delivered as promised. And, he mentioned clearly that his shop can do a proper air-cond repair, and his mechanics know very well about air-cond repairs. However, when I called him to mentioned about the claimed made by Perodua and Perodua authorised air-cond service center that the air-cond is not functioning and require major rebuild and repair- he clarified that he had no knowledge of this matter, and do not want to take responsibility.
e) Ah Peng delayed the repair process for few days, previously he told us that this would take only one day, and we could know the estimated cost on the exactly the next day, and the repair would be completed by the evening. (However, this repair has been delayed for few days. And, the estimated repair fee was not knowned until the second day, late in the evening. Where, we had no choices but to continue with the repair, due to time constraint and limited resources to travel to Bidor.)
What Ah Peng workshop reply to our claim:
a) The spare part has no Perodua warranty. But Ah Peng Workshop can give warranty for 6 months. ( We do not asked for for this, what we really want is a true original Perodua spare parts with warranty documents.)
b) We can bring the car back to Bidor, where Ah Peng Workshop is situated and wait for another check and repair. ( Ah Peng deny that he put non-original, non-Perodua certified spare parts or components during the repair. And, he deny that any re-conditioned or refurbished items had been installed.) ( this is not true , since Perodua and Perodua Authorised Air-cond Service Center has checked and validated that majority of the visible items are not original Perodua products and has no warranty documents or any original documents.)
c) Ah Peng workshop requested we brought the car back However, this involved cost, and if we did this, there is no guarantee that Ah Peng would provide us with what we want. Since, earlier he had already denied any involvement or knowledge of the installation of non-Perodua ceritified spare-parts and the refurbished / re-conditioned parts. ( due to this inconsiderate and Ah Peng bad intentions of denial and non-professional attitudes towards his after-service support. We decided that is not a good idea to believe Ah Peng workshop for the second time. We may lose more money and waste time dealing any further with this Ah Peng Workshop.)
d) Ah Peng deny the possibility that the air-cond has stopped functioning and deny any knowledge of the low quality repair job and deny any responsibility to this issue. ( therefore, we believe that continuing discussing over this issue with Ah Peng would prolonged the damage done to the car system, and would delayed our effort to remedy the situation. We need to the car for normal travel to work and other places of our interest. Continuous denial and no effort of telling the truth about the repair would give us a lot of disadvantages and discomfort during which this delay occurs.)
e) Ah Peng offer to repair what was considered faulty by his definition only, and not to replace any items(since his original argument states that- all items installed are original and suitable with proper warranty.—which is not true.)
f) Ah Peng could receive back all installed items, with the condition that we brought everything as listed in the bills back to him, and he will only pay as he found necessary or to his likings and this will not include workmanship fee. ( This is not acceptable to any standard. The cost to open up the car air-cond system, disassemble the items, park the car in the workshop for few days, and spent time to travel to bidor to sent the items, with no guarantee of getting full payment, and so many other possibilities—therefore the best answer is to settle this by tribunal orders.)
Ah Peng Workshop negligences.
a) Promised to submit or provide estimated cost before any repair activities. (NOT TRUE. Ah Peng workshop completely disassembled all parts, and does not intend to put them back together even if I asked or urged him to do so.)
b) Promised to provide the initial estimated cost earliest the next day.(31/1/2004). (NOT TRUE. We only being told about the cost later(1/2/2004))
c) Promised to complete the repair, or partially completed for our viewing or checking immmediately on the next day evening(31/1/2004). (NOT TRUE, the repair was completed by 2/2/2004) Too late for viewing , final checking or other attempts to validate the repair.
(All the above dates are important—WHY? Because this event happened within the ‘Raya Haji’ time frame, a very short holidays. Ah Peng understood very well his business, and he should have a better estimate of the reapir activities and its limitations. However, it seems that Ah Peng Workshop delayed the reapir intentionally to deny the possibilities of us cancelling or do a detail inspection or testing of the car. He knew that we might not have enough time, and we might just accept the car as is, and if there exists any problem later—we would not bring the car back to him—since KL and Bidor are far away.)
d) The repair last only for a few days. Maybe, due to our limited skills or knowledges of cars( the repair may failed immediately while we got back the car). The Perodua Jalan Damansara Puchong and the Authorised Perodua Air-Cond Service Center has identified problems with air –condition system, and has validated that the repair has not been performed to the minimum acceptable standards, and the air-condition has been confirmed as non-functioning and not suitable for uses.
e) Ah Peng Workshop promised to use only genuine Perodua spare parts, however as checked and validated by The Perodua Jalan Damansara Puchong and the Authorised Perodua Air-Cond Service Center visibly they confirmed that no genuine products has been installed( by refering to the listed items in the bill receipt) and there are items which are in bad shape, with no serial number) and the overall performance of the air-condition system is not fit for uses.
f) The problem as the consequences to this negligences, we need to forecast the actual reapir cost, and the exclusive cost which may occur later when this bad repair finally affect or has effect on other parts of the cars. For eg: the window system has started to make noises and stuck due to the continuous roll down and up due to not availability of air-condition during any trip and current season of bad weather. Futher detail study or at later stage, many other parts would have been affected by this. The engine temperature has been rising, since the temperature switching the fan is not functioning as it is supposed to be. And, this temperature differences would give bad effect on the engine internal parts, which we need to consider for future repair.
Our claim. Option 1.
a) The defendant to pay fully as requested in the claim.
b) The items to be given back to the defendants shall be minimal.(only compressor).
c) The items disassembly shall be performed at Perodua and cost shall be paid entirely by the defendants.
d) Other items shall remain as is, since the disassembly time, and requirement would deny our freedom to use the car . The car need to be parked and left for delayed durations upon which the mechanics need to disassemble all listed items in the bill receipts and this would not permit us with the freedom to use the car within the repair period.
Our claim. Option 2.
a) The defendant to pay partially of the registered claim. Minimum 70%.
b) The items installed and everything as listed in the bill receipts and thereonafter shall not be returned to the defendant.
c) The defendant responsibility thereonafter for the installed items is not valid anymore, and no further charges shall be made on this aspect.
