‘Supposedly’ brand new Isuzu

Q. Real Miranda of San Fernando, Pampanga writes: "On May 14, 2003, my wife, Eileen, and I hurriedly purchased a ‘supposedly’ brand new Isuzu Crosswind XUV unit from the Isuzu Pasig branch. This was due to the issue on the excise tax, which meant an increase of P75,000 to the price of the unit effective May 19, 2003 (based on the advice of the Isuzu outlet).

"While cleaning the unit the next day after it was purchased, we discovered over-sprayed paint on its right front door. We immediately reported this to Michelle Pendon, the one who assisted us at the Isuzu store. She admitted to us that the defect was already noted on the store’s quality control report before the unit was turned over to us. She added that we should not worry because the company was willing to repaint the whole door, free of charge, anyway.

"What she said didn’t make us feel better at all. Why did they release the unit in the first place if it did not pass the company’s quality control? One more thing, the over-sprayed paint found was not the original color of the car. The original paint of the body cladding was green and they just repainted it silver, which was noticeably seen on the connecting parts of the car.

"What’s worse, after a week, other defects became apparent in other areas such as the clutch pedal, the sun shade, the driver’s seat, etc. At about the same time, there were peculiar knocking sounds in the engine. This simply meant that the car was not at all brand new.

"Still, to give them a chance, we waited for the P1,500-kilometer check-up conducted on May 27, 2003, with the expectation that, after a few adjustments, the sounds will be eliminated. However, the annoying sounds persisted, which again led us to complain at the Pampanga branch on June 4.

"Other adjustments were made on June 8 but we did not see any improvements. I understand that all of the observed defects cited above are unlikely to occur in a newly purchased brand new unit used for barely three weeks or at a 2,800-km. Run.

"Although the Isuzu store is responding to my complaints by checking or fixing the unit, sad to say, it is still not solving my car problems. As a consumer, is it possible for me to ask the company to replace my unit or give my money back?"

A. Yes, you have the right for a refund or change of unit, given that you have informed the store about the defects of your unit and that they have done something about it but problems persisted. More so, because you purchased a brand new car "supposedly" but there were incidents which led to the conclusion that you got a second-hand car.

Asking for a replacement or a refund is supported by the provisions of Chapter III on Consumer Product and Service Warranties of the Consumer Act, which states the three remedies applicable: to elect repair, replacement or refund.

In this instance, you may file a consumer complaint with the DTI-Pampanga office. Then, a mediation process shall start, with notices given to both parties to appear for mediation.

(You may send your consumer complaints and comments to the Bureau of Trade Regulation and Consumer Protection, DTI-Domestic Bldg., 361 Sen. Gil Puyat Ave., Makati City. You may also call us at our consumer hotlines 896-5740 or 890-4938. Our e-mail address is www.e-reklamo.net.ph)