KUALA LUMPUR: An electrical appliance vendor is suing Datuk Seri Dr Shahidan Kassim and two others for breach of contract over the purchase of rice cookers allegedly meant for distribution in three Perlis constituencies.
Florence Lee Jye Wen, through an electrical appliance dealer, has named Shahidan, Perlis Umno secretary Datuk Zahidi Zainul Abidin and Perlis Umno treasurer Datuk Rozabil Abdul Rahman as the first, second and third defendants respectively.
Lee said a sales representative approached her on May 15, 2015 saying that Perlis Umno wanted to buy 60,000 units of 1.8L rice cookers.
In her statement of claim filed on Apr 6, 2017, she said she was also informed that Perlis Umno required the rice cookers to bear the approved Perlis Umno logo and Shahidan's initials, "DSSK".
The plaintiff claimed that she received an official letter from Perlis Umno on June 3, 2015 stating that Shahidan, who is state liaison committee chairman, had unanimously decided to buy the rice cookers at the price of RM74 per unit.
Together with the letter was a purchase order from Perlis Umno for 10,000 1.8L rice cookers bearing the said logo for RM740,000, signed by its secretary Kamarudin Abdul.
She said that Arau, Kangar and Padang Besar constituencies were supposed to receive 20,000 rice cookers each.
Lee claimed that at all material times, she had only agreed to the price of RM74 per unit on the premise that the party would be buying 60,000 rice cookers.
She said the total value of the agreement dated June 3 was RM4.44mil, being the purchase of the 60,000 units at RM74 each, adding that she proceeded to place the orders for 10,000 rice cookers and prepared the stickers of the said logo.
The plaintiff alleged that she had delivered a total of 2,000 units on Oct 23, 2015, Jan 19 and Apr 6, 2016, following instructions by first defendant and/or Perlis Umno to its Kubang Gajah service centre, Taman JKKK, Pulau Jejawi, Kubang Gajah in Arau at Perlis.
She said since the delivery, Perlis Umno failed to instruct on the delivery of the remaining 8,000 units and has also failed to pay the RM592,000 balance owed.
Lee said she was unable to sell the 8,000 units to a third party to mitigate her loss as the rice cookers had the Perlis Umno logo and the first defendant's initials affixed.
She is claiming RM592,000 being the outstanding sum owed to her by the defendants, within seven days from the date of the judgement, as well as special and general damages.
In their defence, the defendants denied that Perlis Umno intended to purchase a total of 60,000 units of 1.8L rice cookers from the plaintiff.
They also stated that they had never been in contact with or had they indicated that Perlis Umno intended to purchase the units.
They also claimed that there was never any instruction and/or authorisation given at any material time for the issuance of the said letter dated June 3, 2015 to the plaintiff on behalf of Perlis Umno, adding that any official letter from the party with regards to any dealings with third parties would only be signed by the first defendant or second defendant on behalf of Perlis Umno.
The plaintiff's lawyer, Lavinia Kumaraendran, said the next case management has been fixed on Sept 13 for parties to update the court on the status of settlement, and if a settlement is not reached, the court will proceed with the trial, which has been fixed between June 25 and 27 next yea
Read more at http://www.thestar.com.my/news/nation/2017/08/29/businesswoman-suing-shahidan-over-unfulfilled-rice-cooker-order/#7hOJ2Deg22gjAxfI.99
