Dealer ordered to reimburse car purchase price

A car dealer was this morning ordered by a court to reimburse the purchase price of a car after this was found not suitable for the carrying of a disabled man in a wheelchair. Pauline Debono had purchased a Nissan Serena car from Burmarrad Commercials...

A car dealer was this morning ordered by a court to reimburse the purchase price of a car after this was found not suitable for the carrying of a disabled man in a wheelchair.

Pauline Debono had purchased a Nissan Serena car from Burmarrad Commercials Ltd to transport her wheelchair-bound husband.

She had approached the company and explained that her husband had to be able to enter the car without getting out of his wheelchair.

However, the court found that when Ms Debono had tried to use the car after the purchase was completed, her husband could not be lifted into the car in his wheelchair. Ms Debono's claim that the car was not suitable for the purposes for which it had been purchased was therefore justified. After examining the car which had been returned to the company, Mr Justice Joseph Zammit McKeon concluded that while it might be suitable for the carriage of merchandise, the car was not suitable for the transportation of a wheel chair bound man.

The court annulled the purchase of the car and ordered the company to reimburse Ms Debono the purchase price of 9,317 euros. The court also ordered the company to pay Ms Debono 1,497.77 euros in damages, consisting in the road licence and car insurance.

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