Friends, this is my first topic and I think I would like to share with all.
As we all already know the Malaysian government has taken an initiative to ease the burden of its citizens (after the 'surprise' petrol and diesel hike) by giving all 'qualified' motor-vehicle owner a sum of RM150 or RM625 per year and other road tax discount.
Frankly, I do not wish to discuss on this decision neither am I going to talk about it 'acceptance' from the public point of view. But rather I wish to point out my concern about the problem that we may hear at least few months from now (if my prediction is correct); dispute regarding the claiming of the subsidy money.
I have heard one person come to me complaining that he has bought a vehicle from another person or an agent and that till date the seller or the agent has failed to properly transfer the ownership to his name, so he fails to claim the subsidy money. Well, without blaming him for his careless or failure to deal properly in purchasing the vehicle, I think this is a common scenario nowadays.
Second scenario, I have also had an opportunity to meet one guy saying that he was so happy that he manage to claim 3 vehicle subsidies amounting to RM1875, fuh..that's a lot. But the bad news is non of the vehicle is now in his hand, in other words he had sold it some time back before the government's decision. What a guy! (I do not want to disclose here how he manage to do that, but obviously the ownership of the vehicles still under his name).
Now the third scenario is that, in current economic situation, we all know nearly 50% of Malaysian citizens (or more, I really don't know) are the having debts and who knows how many has been 'blacklisted' so that they cannot enter into any hire purchase agreement with any financial institution to help them to buy a car or any vehicle. What would be their solution if they badly in need of a vehicle? public transport? might not be applicable to all, right? so, some resorted to owning a vehicle without transferring to name or ownership or in simple words get somebody's name to enter into a hire purchase agreement.
Now all of the sample scenarios above will definitely lead to dispute in claiming the government subsidy ( I honestly believe this scheme doesn't last long). What would be remedy in law?
Under the Malaysian Hire Purchase Act no subsequent agreement of sale and purchase would be valid during an existence of Hire Purchase agreement. So the subsequent purchase cannot transfer or claim ownership. Means no subsidy for him..too bad.
That is the case when a vehicle is still under hire purchase agreement with a financial institution. But about the vehicle is no long under any installment, yet the seller and the buyer fail to properly transfer the ownership and the seller happily claims the subsidy (whether intentionally with mala fide intention or not) can the buyer later claim the money? practically to claim an amount of that small (RM625-00 or even worst RM150-00) using proper legal process is not worth it, and the buyer might end up getting nothing but has to incur extra cost. Yes, they can always lodge a police report but the bottom line is the buyer just wants the money, right?
I do not have the answer to these problem, not yet. not until we all have to wait at end of the 'delivery' process of this subsidy. Perhaps our government is already prepared with such issues..
p/s not to mention when the police and JPJ start imposing new requirement that those who wants to claim the subsidy have to settle first all traffic summons...haha. If i were the PM (the bad unpopular will be) I would definitely do that because majority (if not all) of the subsidy money will be diverted back to police :) Secondly, just out of my naughty mind, what if the financial institution start claiming the money for their overdue installment? well, if you go back read carefully your vehicle registration card there is a remark stating 'ownership claim by XYZ bank', isn't they are entitle to do that....? (not really, i don't think they will, just want to scare you all)