A well-known car dealership and autoport company has been instructed by the High Court in Lautoka to compensate a customer $63,750 due to misrepresentation and breach of contract. The case was brought to light by Manoj Zikar, who purchased a Mazda BT 50 Pro in 2019 but received a Mazda BT 50 instead.
The ruling highlighted that under Section 15 of the Sale of Goods Act, the evidence clearly indicated that the dealership failed to deliver a vehicle matching its advertised description. The court’s judge noted, “The contract was established for a Mazda BT 50 Pro, hence the customer was entitled to receive exactly that model, not a different one.”
The breakdown of the damages awarded includes $23,750 for misrepresentation and $40,000 for breach of contract. Additionally, Zikar was granted interest on the total amount calculated at 5 percent annually from the date of filing the claim until the judgment date, along with court costs of $3,000.
Prior to the legal proceedings, Zikar had reported performance issues with the vehicle, including excessive black smoke from the exhaust. Further examination revealed that the vehicle was fitted with a 2011 engine, not only leading to dissatisfaction but also raising questions about the dealership’s practices.
This ruling serves as a critical reminder about the rights of consumers and the necessity for businesses to uphold the terms of sale. Such decisions are vital for maintaining trust in commercial transactions and emphasize an adherence to truthful advertising. The hope is that this case will encourage more accountability within the automotive sales industry and protect consumers from future misrepresentation.
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