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Lawsuit dismissed despite car defects
An Arab woman who bought a defective Dh140,000 luxury car has had a lawsuit she filed against the automotive dealer thrown out by court because she failed to file it at the correct time.
The woman filed the claim in the Abu Dhabi civil court of first instance two years after receiving the car, wanting return of the full Dh140,000 in addition to ‘material and moral damages’ she claimed for being cheated by the company.
In her pleadings, the woman said after she received the car, she felt there were some manufacturing defects the auto company had failed to fix.
She said she moved to the Consumer Protection Department at the Ministry of Economy to help her in this case. The CPD assigned a technical expert to check the vehicle who wrote a report stating the car had some ‘concealed’ manufacturing defects. The expert recommended the car be cancelled and sent back to the car dealer, which refused to accept the car.
The complainant stated she was deceived by the auto dealer.
The court, however, rejected the plaintiff’s pleas on the grounds that the pleadings given by her to cancel the car purchase contract is a commercial matter on which the commercial procedures law is applicable, and not the civil law.
The court said the manufacturing defect cannot be spotted by an ordinary car test, but required a special test.
The court said if the defect had been concealed and could not be detected by the normal car test as in such a case, the woman should have notified the dealer or a seller once the defect is discovered and should have filed a lawsuit within six months as of the received date.
The court noted that the plaintiff filed a case against the auto dealer after two years from the receipt date which meant that the plaintiff had implicitly accepted the defects she encountered in her car. — news@khaleejtimes.com
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