2013 MarsdenLR 594

HIGH COURT MALAYA KUALA LUMPUR
SEAH PEI YEE – Appellant
Versus
HAP SENG STAR SDN BHD (ENCL 7) – Respondent
[Civil Suit No: 22NCvC-1028-09/2012]

Consumers have the right to reject defective goods under the Consumer Protection Act when they are not of merchantable quality, warranting refunds and damages.

Headnote:(A) Consumer Protection Act 1999 - Section 45 - Summary Judgment - The Plaintiff is entitled to reject a car found to be defective shortly after purchase. The Defendant failed to identify or rectify the defects over an extended period, justifying the Plaintiff's claim. (Paras 15, 17, 20, 21)

(B) Reliefs sought - The Plaintiff's application for a return of the purchase price due to the car's non-merchantable quality was allowed. (Paras 9, 10, 21)

(C) Court's Authority - The court has the discretion to grant summary judgment when the Defendant presents no viable defense against the claim. (Paras 11, 21)

Facts of the case:
The Plaintiff purchased a luxury vehicle that exhibited serious defects after minimal usage, leading to repeated service attempts by the Defendant without resolution. The Plaintiff requested remedies for the defective goods and was seeking a refund and damages.

Findings of Court:
The Plaintiff's request for the vehicle's return and full refund was granted, along with partial damages for distress. No triable issues warranting a full trial were found.

Issues: Whether the Plaintiff rightfully rejected the goods due to defects and whether the Defendant had a valid defense.

Ratio Decidendi: The court determined that the persistent defect after only three weeks of use justified the Plaintiff's rejection, and no substantial defense was offered by the Defendant.

Result: Application allowed.