As a result, Mohd Zulikram Shamsidi, an engineer, and his wife Nor Saidatul Wanida Mohd Hazani, said they went through pain and suffering, financial loss and were deprived of the use of the car.
Saidatul came in as a party in the case because she stood as guarantor for the husband
In the suit filed in the sessions court two months ago, they named Carsome Sdn Bhd and Maybank Islamic Bhd as defendants.
The duo want RM100,000 in exemplary damages from Carsome.
They also want a declaration that the hire purchase agreement entered with Maybank Islamic is null and void, want the return of the booking fee, deposit and two months’ installments.
They are also seeking RM123,647.86 in damages from the financial institution.
In the statement of claim, filed by Messrs Sugu K & Partners, Zulikram said he saw the car on the Carsome website and decided to buy it at RM103,697.81 in November last year. Subsequently he took a loan and entered into a hire purchase agreement with the bank.
On Feb 12, Zulikram received a call from the police, who informed him that the car in his possession could be stolen property.
Two days later, police seized the car for Chemistry Department tests on the chassis, and it was later confirmed that it had been tampered with.
On Feb 18,, Zulikram got a letter from a firm that issued the car insurance policy that the previous owner had filed a claim for total loss for the vehicle in 2018.
Zulikram said Carsome had been negligent in ensuring that the car was not stolen property before making the online advertisement.
Carsome, in its defence, is relying on Puspakom’s report which said that the chassis was not tampered with and everything was in order before it was sold to the plaintiff.
Maybank Islamic is taking the position that it did not know the chassis had been altered and was not a party to any illegal activities, adding that since it was a used car, the implied warranty under Section 7(1) of the Hire Purchase Act was not applicable to the bank.
It is also relying on an exclusion of condition and warranty under the hire purchase agreement.
Habizan Rahman, who is representing the couple, said case management will be held on Nov 2.