Victory for Consumers: Court Orders Mazda to Compensate Damages in CX-5 Diesel Case

The court ruled in favor of the consumer in the Mazda CX-5 Diesel case because the engine was in fact defective. Ready to order Mazda to compensate damages totaling more than 9 hundred thousand baht

On February 23, Mr. Sira Osottham, the victim’s lawyer Of buying a Mazda CX-5 Diesel car (Mazda CX-5 SKYACTIV-D 2.2 L) revealed that on February 19th. The Chonburi Provincial Court ruled in favor of Mazda Company. Payment of compensation to one victim who was damaged as a result of the purchase of a Diesel Mazda CX-5 car, with the company paying compensation along with emotional damages and punitive damages Total worth about 9 hundred thousand baht.

In this regard, the Chonburi Provincial Court has investigated the issue of the vehicle’s defect and damage. Is production causing it? Evidence of water pressure was found in foreign countries, such as Japan, Malaysia, and Taiwan, that there were victims who used this model of car who encountered the same problem. In addition, it was found that many cars of this model in the country Thai. have been registered. And the engine has been replaced by a new one in the Land Transport Department more than once.

Mr. said Sira also stated that Mr. Originally, this victim (plaintiff) bought a Mazda CX-5 diesel engine, Skyactiv model. When the car has been in use for around 90,000 kilometres, it encounters a ‘water pressure’ problem, which means that water from the cooling system is found leaking out of the coolant reservoir area in a compartment the engine. Or there is coolant all over the hood of the car. So he brought the car into a Mazda service center. The mechanic changed the engine to a new one.

But after driving for a while, the same problem occurred. But later, the Mazda service center and Mazda Sales Co, Ltd (Thailand) refused to replace the engine for the victim. Although the address is still within the warranty period.

However, this problem is not unique to this victim because in 2019, someone bought a Mazda CX-5 SkyActive model. diesel engine Found the same problem. Therefore, they came together to file a class action lawsuit against Mazda Sales (Thailand) Co, Ltd in the case of defective car sales. Including this victim. and ordered the Southern Bangkok Civil Court to accept the case as a group. Currently, the said class action is being considered in the Southern Bangkok Civil Court.

The victim later took the car to a Mazda service center. When the service center learned that this victim was a member of a class action lawsuit being filed at the Southern Bangkok Civil Court. The service center then offers to reset the engine if you leave the group. The victim then accepted the agreement.

But after that, it was found that the service center was not following the agreement. It was alleged that the victim had previously replaced the coolant from an overseas garage. which is not a Mazda service center So causing the car to experience water pressure. and cannot replace the engine But he offers an alternative solution that requires the victim to pay out of pocket.

This victim consulted a lawyer and decided to file a lawsuit on his own. At the end of April 2021 at the Chonburi Provincial Court. And on February 19, 2024, the Chonburi Provincial Court ordered Mazda to compensate the injured car user with damages and emotional damages. and punitive damages It has a total value of about 9 hundred thousand baht.

Mr. added Sira that The difficulty in this type of case is looking for documentary evidence. for use in litigation or witness examination This is because the operators do not cooperate with the information or try to hide the information.

For example, the case in the Chonburi Provincial Court. The court has ordered the operator to summon important documents regarding vehicle defects. But the operator did not present it to the court. Because they may fear that they will put themselves at a disadvantage in the case. As a result, finding evidence or proving that the defect actually exists is more difficult. Because entrepreneurs often blame the damage that happens to that car. it is the user’s own fault.

For victims who are members of group proceedings (Mazda CX-5 SkyActive model users Diesel engines) Wait to hear the judgment of the group case to see what the decision will be. If you win the case, you can pursue and ask for payment of the debt. If the court decides that the operator is responsible or compensates the user of the car for damages. or if it is an agreement to compromise There may be compensation for damage to the user of the vehicle.

But if the case of the group members is considered Expected the results of the compensation may not be worth the compensation received. They can leave the class action before the court makes a decision. They must leave the group within the time period set by the court. and exercise the right to file a new case on their own. Because if it is an individual case, the compensation of each person or case can be considered in detail. Both will receive compensation for specific compensation in each case, increasing according to the actual compensation received.

In this regard, people who use the said car model are asked to wait and follow the progress of the court’s ruling. The Consumer Council will continue to report progress to consumers. You can follow us on our Facebook page. ‘Consumer Organization Council’

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