Authorized specialists have stated that current legal guidelines are enough to guard customers, subsequently there isn’t any must rush the lemon legislation which is being thought-about for automobiles patrons, reported The Star.
Current shopper safety legal guidelines, such because the Sale of Items Act 1957, Client Safety Act 1999 (CPA), Contract Act 1950, Management of Provides Act 1961, and Rent Buy Act 1967 might be strengthened to reinforce shopper safety, in line with former president of the Malaysian Bar Salim Bashir who led the Bar Council from 2020 to 2021.
Whereas these legal guidelines supply customers recourse for faulty items, particular provisions required amendments for higher safety, Salim stated. “It’s crucial to fine-tune current legal guidelines by the use of amendments with out introducing a brand new lemon legislation in Parliament,” he stated.
Earlier this month, the ministry of home commerce and price of residing (KPDN) launched two interim methods geared toward defending customers relating to the correct to say compensation for faulty or defective merchandise – notably for motorized vehicle purchases – earlier than a brand new authorized framework earlier than the proposed lemon legislation is finalised, in line with its minister Armizan Mohd Ali.
A number of shortcomings have been highlighted by Salim, specifically the absence of a transparent definition of merchantable high quality as said beneath Part 16 of the Sale of Items Act. Whereas the CPA gives supplementary shopper safety, the act additionally permits events to override shopper rights via particular agreements which weaken its effectiveness in some circumstances, Salim added.
On this, Salim cited the case of Puncak Niaga Sdn Bhd v NZ Wheels Sdn Bhd in 2012, through which the court docket voided the contract over a faulty automobile that failed to satisfy acceptable high quality requirements beneath Part 12 (2) of the Client Safety Act.
Part 51 of the CPA didn’t supply redress in opposition to producers if defects arose from exterior components after the product has left the manufacturing facility, and the CPA additionally didn’t enable curiosity teams to file lawsuits on behalf of customers, thus limiting collective motion.
In the meantime, Datuk Abdul Fareed Abdul Gafoor, who can also be a former Bar Council president, voiced his help for a lemon legislation particularly for automobiles. Whereas the CPA and Sale of Items Act supply some shopper safety, they lack specifics in addressing recurring automobile defects which depart customers with out clear treatments.
Abdul Fareed, who led the Malaysian Bar from 2019 to 2020, highlighted the absence of guarantee requirements and restore deadlines, which regularly left customers ready for prolonged durations for repairs and not using a correct framework for claiming damages. “We’d like clearer guarantee requirements and cheap restore deadlines,” he stated.
The facility disparity between customers and enormous automotive corporations complicates efforts for a shopper to say their rights beneath the CPA, the place negotiating repairs of refunds might be tough, resulting in dissatisfaction and disputes.
A lemon legislation sometimes shifted the burden of proof to the producer as soon as a automobile was deemed faulty, forcing corporations to behave in good religion whereas offering stronger shopper safety with out extended authorized battles, Abdul Fareed stated.
“Introducing a lemon legislation will supply clearer treatments and shift the burden of proof to producers, giving customers extra safety,” Abdul Fareed stated.
Whereas there are positively potential advantages of a lemon legislation, he warned of unintended penalties corresponding to elevated litigation and better prices for each companies and customers. “Cautious implementation with clear tips is crucial to stability shopper rights with enterprise pursuits and keep away from a adverse financial influence,” he added.
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