MotorVehicle Consumer Group
Defective Brake
NHTSA (USA)
Consumer
Complaints
Complaints
of defective brakes
Mr Lim had also obtained reports from the Office of Defects Investigation (ODI) at the National Highway Traffic Safety Administration (NHTSA) in the United States of America. These reports dated 7 Dec 1993 attest to the fact that as early as 1983, owners of this model (Volvo 760) had complained of defects with their brakes.
One owner of a 1983 Volvo 760 had complained: "While driving, brakes completely went out on car with no warning." There were numerous cases of the brakes being noisy and "... unreliable when making a sudden emergency stop and "... at times do not stop the car¨.
The ODI also reported on the 1984 recall of an estimated 5,800 units of the Volvo 760 which were manufactured in 1983.
It reports inter alia "Description of defect: The brake warning switch may have components that have been improperly manufactured. Brake fluid may seep from the switch without triggering the brake warning switch. Consequences of defect: Loss of brake fluid may cause a loss in braking power, possibly resulting in an accident."
This proves that at the time when Mr Lim purchased his car (back in August 1985) there were not only already many complaints about the Volvo '760's defective brakes but almost 6 000 units of this model had recalled.
Why did the salesman and the company's brochure on this model still extol the virtues of it's "superior brake system"?
Eleven years after his case was filed in court, the Kuala Lumpur Sessions Court passed judgement to his favour. Federal Auto and Arab-Malaysian Finance were ordered to refund Mr Lim all his claims except for the RM342.90 spent on installing the sunshade.
On 10 March 1997, Federal Auto appealed against the judgement of 27 Feb 1997.
The case was heard on 3 March 1998. On 9 March 1998, Mr Lim faxed us the good news that "the appeal by Federal Auto Holdings was dismissed with costs by the High Court -Appeal Judge today affirming the decision of the Sessions Court Judge's ruling in my favour last year.
"It was apparent during the court case that Federal Auto was ignorant of the particular Bulletin whereby instruction was issued by Volvo Sweden to change the rear calipers from 34 mm to 38 mm.
"Federal Auto never did and claimed they could not have done so as they were never in possession of this document," Mr Lim had informed CAP.
The document in question refers to the Service Bulletin issued by Volvo dated November 1985 (which ODI was also aware of and had filed in their Service Bulletins Database) which states inter alia "... both rear calipers must be replaced to avoid braking imbalance —brake backing plates modified to accept new calipers and must also be replaced — All 1983 - 1984 760 models".
At the court case, Mr Teh Cheng Guan, the After-Sales Manager at Federal Auto, said under oath that Mr Lim's "car (was) not replaced with 38 mm calipers. There was not (sic) need to change the calipers".
Disputing the date of the bulletin, he said he had a similar document dated November 1989 not November 1985 '
Cross-examined by Lim's Lawyer, Mr Hans Berger, the Service Manager at Volvo Car. Singapore agreed that "by using 38 mm calipers we mill be using more rear braking and that's a comfort feeling...." He also confirmed that "it will improve¨ the efficiency of the brakes.
Meanwhile, the appeal by Arab-Malaysian Finance Bhd. was dismissed by the High Court in Kuala Lumpur back in January 1998.
"In other words my case against Federal Auto Holdings and Arab-Malaysian Finance Bhd were valid,¨ he added.
Bravo to Mr Lim for having the gumption to take on the two industry giants in his bid to fight for his right to a car that is safe and free of defects.
This website is sponsored by the MotorVehicle Consumer Group
Article Source: Consumers'
Association of Penang, Malaysia
April 1998 Vol. 28 No.6
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