Car importer ordered to refund malfunctioning vehicle's value

A car dealership was ordered to refund €20,886 to a client after the brand new vehicle he purchased developed malfunctions which count not be repaired.

Back in November 2009, a certain Carmelo Abdilla purchased a new Renault Megane 3 from Auto Sales Limited. The car was completely paid for a year later. However in August 2010, the vehicle started malfunctioning with multiple warning lights blinking in the dashboard. 

The car was taken to the importer who attempted to rectify the problems and replace various components. However the problems persisted and the company admitted that its mechanics could not find a solution. By November the same year, Abdilla requested Auto Sales Limited to refund the value of the car or replace the vehicle.  All attempts at an out of court settlement failed and the car’s owner filed for damages.

Technical expert John Sciberras told the court that the fact that the car was garaged and unused for such a long time makes it hard to determine whether the alleged faults exist or not.

“However although no mechanical or electronic faults were materially identified during the test drives I personally carried out, the plaintiff’s report is backed with photographs showing the dashboard lights giving false alarms. This is backed up by the vehicle’s ECU recorded history which kept a record of  the said faults”

The expert continued, saying that while the replacement of expensive electronic components could solve the issues, there is no guarantee that the fault is indeed rectified. “The nature of such intermittent faults may have an adverse effect on the driver's attention and his pleasure while driving the vehicle”, the report read.

Mr Justice Mark Chetcuti ordered that Auto Sales Limited pay the amount of €20,886 to the plaintiff, together with interest backdated from 3 December 2010 until date of payment.