A case has been filed with the Johor Baru Consumer Claims Tribunal due to a miscommunication between a claimant and a respondent regarding a stolen motorcycle. The claimant, M. Sevathan, reported that his motorcycle was stolen on September 6, 2021, while he was purchasing cigarettes at a shop in Jalan Raya, Kulai. According to M. Muruthy, Sevathan’s father, the motorcycle was parked at the side of the shop lot when two men attacked Sevathan and rode away with the motorcycle. The next day, they filed a police report, and the suspects were believed to be involved in motorcycle thefts in the area.
Due to dissatisfaction with the respondent, the motorcycle company, Sevathan decided to file a case with the tribunal. The respondent claimed that Sevathan owed outstanding payments and interests, despite having paid RM6,000 for the motorcycle’s original price of RM6,883.92. Muruthy questioned the demand, stating that Sevathan couldn’t make the payment because the motorcycle was missing, and they had a police report as evidence.
Muruthy received a call from someone claiming to be a staff member from the company’s Kulai branch, demanding the outstanding payments or facing jail time. The caller alleged that the company had found the motorcycle and auctioned it to settle the debt. According to the respondent, who is from the company’s headquarters in Kluang, the motorcycle was recovered on August 23, 2022, and Sevathan was present at the Skudai police station to identify it. The respondent said they couldn’t hand over the vehicle to Sevathan and were keeping it at the shop for insurance claims.
The respondent stated that they submitted a claim for RM2,000 to repair the motorcycle, but the insurance company only approved RM1,179. They also denied auctioning off the motorcycle, and the company lodged a police report to support their claim. The respondent clarified that they never instructed their Kulai branch to threaten Muruthy with jail time for failing to settle the outstanding balance. Attempts were made to contact Muruthy through multiple phone calls and messages, but there was no response.
President of the tribunal, Hamidun Abdul Fatah, ordered both parties to settle the case, acknowledging the elements of misunderstanding and miscommunication. The claimant agreed to pay the outstanding amount, including interest, in seven installments totaling RM3,500. The first payment of RM500 is due in September, and the last payment will be in March 2024. As part of the settlement, the respondent agreed to send the motorcycle back to Sevathan’s house in October at no cost. However, Sevathan must sign a new agreement to settle the dues owed. Hamidun reminded Muruthy that the respondent has the right to confiscate the motorcycle if the payments are not settled within the specified period.
For assistance with tribunal matters, individuals can contact 07-2271755/1766.
Credit: The Star : Metro Feed
