A WELL-ESTABLISHED car dealership and autoport firm has been ordered by the High Court in Lautoka to pay $63,750 in damages for misrepresentation and breach of contract to a customer.
Manoj Zikar made a claim against Niranjan’s Autoport when he was delivered a Mazda BT 50 when he bought a Mazda BT 50 Pro in 2019.
“When Section 15 of the Sale of Goods Act is applied to the facts of this case, there is overwhelming evidence to prove on a balance of probability that the defendant failed to ensure the vehicle it sold the plaintiff corresponded with its description,” the judge stated.
“In essence, since the contract made was for the purchase of a Mazda BT 50 Pro, the plaintiff (Mr Zikar) should have been delivered a Mazda BT 50 Pro according to the sale contract and not a Mazda BT 50.”
The court made the following orders that:
n Mr Zikar is awarded $23,750 as damages for misrepresentation;
n Mr Zikar is awarded $40,000 as damages for breach of contract;
n Interest on the combined sum of $63,750 is awarded calculated at 5 percent per annum from the date of filing the claim to the date of judgment; and
n Costs assessed at $3000.
Mr Zikar in January 2020 had taken the car for servicing and informed the company employee about the black smoke exhaling from the exhaust system.
A diagnostic test in September of the same year revealed the car had a 2011 engine.
