I’m a frequent reader of your legal clinic column and want to thank you for the good advice you provide. I have a problem. I had given my car to a Pakistani mechanic in Shuwaikh Industrial Area to overhaul the engine on March 5, 2019 and paid him KD200 advance as he wanted it to purchase parts.
He was supposed to give my car within 7 days but ended up giving it to me on April 1 and visited at least 3 times to follow up as he would not answer my calls. He asked me to pay the balance KD100 (total KD300) before I take the car back. I hardly took a round and I started hearing funny sounds coming from the engine so took it back and he did something and it stopped but I was not happy. He told me these are computerized and need some time to adjust.
After about 5 days of driving the engine started heating up (I never had this problem before) so I took it to him, he kept it for 4 days then called me saying it’s fixed I hardly drove the car for 3 km it started heating again. I gave the car back to him telling him to fix it properly. I returned the car to him 6 times between April to May with same problem. He would keep the car for 3-4 days then say it is fixed.
On June 8, I gave the car to him as I was going on my vacation and told him to fix it as I was really fed-up with the lies he was telling. I used to call my friends from India who I had asked to follow up with him but he gave them the same stories. I came back on 14th July and I tried to call him but he would not answer my calls, so I called him from my friend’s mobile and he answered and told me to come the car is ready. When I went he told me there is a problem as he had kept the car running and the engine was heating up and had to walk in the hot sun to find a taxi. (He did this to me at least 5 times before).
On 6th August I went to collect the car as he told my friend it was ready. When I went to collect the car it was not starting. Waited for 5:15 pm till 7:30 pm but the car would not start. Now he is telling me some parts were changed and I need to pay him. I told him I would first test the car then pay him and he said no. I would first have to pay then take the car back. Sir, please help me what I should do in getting my money back; as I know he has not done the job. My family & I are suffering for 3 months because I cannot keep going by taxi for short distances and specially to walk in this heat with my small kids. I go to office by bus as it will be too expensive to take a taxi.
Answer: Much as we would have wished to help you solve your problem with the mechanic, we do not wish to go outside the remit for which this column was instituted ie to discuss issues that border on the labour law and how it affects both workers and employers. Our advice to you therefore is that you seek advice from a law chamber which can file a case in the court on your behalf should it fail in its attempt to let the mechanic return your money to you for failing to fix your car.
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