High Court rules the claims involving alleged defects and undisclosed vehicle recall require a full trial.
The High Court today dismissed the companies’ appeals against a sessions court decision that rejected their application to strike out the lawsuit.
Judicial Commissioner Zalita Zaidan held that the dispute involved issues of fact and law that should be determined at a full trial.
She also ordered the defendants to pay RM20,000 in costs to the plaintiffs, Beyond Natural Group Sdn Bhd and its directors S Aruna and G Hanulraj.
Lawyers Kwan Will Sen and Muayyad Khairulmaini appeared for the plaintiffs, while Idza Hajar Ahmad Idzam and Julianne John represented Hap Seng Star. John Mathew and Kumara Guru Naiker acted for Mercedes-Benz Malaysia.
A five-day trial before sessions court judge Zawiyah Saad has been fixed from Oct 21.
The plaintiffs claimed the RM506,246.04 vehicle developed electronic and mechanical issues shortly after it was delivered in November 2022.
They also alleged that the vehicle model had been subject to a recall since March 2022, but the defendants failed to disclose this before the sale.
Among the reliefs sought include an order for Hap Seng Star to take back the vehicle, damages, reimbursement of RM54,246.04 paid towards the purchase price, repayment of RM157,600 in hire-purchase instalments already paid, and an order requiring the defendants to settle future instalments due to Affin Bank.
Hap Seng Star contends that responsibility for any defects lies with Mercedes-Benz Malaysia as the warranty provider, while Mercedes-Benz Malaysia maintains it has fulfilled its obligations by repairing the vehicle under the warranty. - FMT
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