UAE: Firm ordered to pay owner Dh10,000 for selling car with 'defective' parts

Company was also ordered to provide a car — at its own expense — for the plaintiff to use during the period in which the car is undergoing repairs



by

Afkar Ali Ahmed

Published: Tue 15 Feb 2022, 3:46 PM

The Khorfakkan Federal Court of First Instance ordered a leading car company to replace the defective parts in a customer’s four-wheel drive and pay Dh10,000 as compensation to the owner for psychological damage due to the vehicle frequently stopping on the road and the cost of repair.

The court stated that the company (the defendant) - was obligated to replace and repair parts as stated in the inspection report and in case the defect recurs for the fourth time within six months from the date of the first repair, the defendant is obligated to replace the car with a new one of the same brand or to recover part of the original purchase price paid equal to the value of the defects after deducting 5 per cent as depreciation value for the car within three months of receiving it.

The firm was also ordered to provide a car — at its own expense — for the plaintiff to use during the period in which the car is undergoing repairs.

According to details of the case, the plaintiff (YJ) from Khorfakkan, filed a lawsuit last November against a car company seeking a replacement for the ‘defective’ car and recover the value of the car amounting to Dh229,900. He also demanded that the company compensate him with an amount of Dh11,050 as compensation for the repairs and Dh5,000 for the psychological harm he suffered as he said the car had stopped more than four times on the road. He also sought compensation to the tune of Dh21,800 towards paying his bank’s interest fees and expenses on account of the car loan.

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The plaintiff had purchased the 2022 model four-wheel drive from the defendant and noticed severe vibration when he began using it. He said the car would not pick up speed and made loud noises during a gear shift.

The defendant was informed of these defects, and the customer handed over the car for repair, but even after ‘repairs’ the problem persisted.

This prompted the plaintiff to file a complaint with the Consumer Protection Department, and he was directed to the court and submitted the required documents to the court.


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