Sunday, October 26, 2008

Happy Deepavali/Diwali

Pavillion Kuala Lumpur had left a bad taste in my mouth after what had occurred on the 25th October 2008 when it was supposed to be a joyous day to celebrate cousin Melvin and Shi Ket's wedding. After the dinner which ended at approximately 11.25 p.m. we headed to find our car at the parking bay. We walked accompanying my grandma till we reach an exit of the complex to wait for my aunt's brother who was at that time, went to take the car from the parking bay because my grandma can't walk that far. But before that we paid our parking ticket which cost RM8. We waited quite sometime, until finally he arrived and bid farewell to my grandma. Than we head straight to our parking lot alongside Uncle Frankie, Aunty Esther and Joshua. They parked at level B1 (First level of the underground parking bay) while we parked at B2 (Second level of the underground parking bay). We went to B2 using the lift, then we came out of the lift to find the two (2) doors located right and left were shut. So we went to B3 (Third level of the underground parking bay) to find the same t hing, both doors left and right locked. Next we went to B1 again to find the doors locked, so we wondered how Uncle Frankie previously went to find his car. Then we went to level 2 again (the place we waited with my grandma previously), exit the complex to find a car entrance that leads to the parking bay. We walked manually into the car passageway which leads to B1 of the parking bay. We find a lift which was functioning, saw a man also searching for his car (He complained the same thing - doors are locked everywhere). Finally we reached level B2, found our car, drove out to the exit barrier only to find the ticket previously paid was not accepted because we lapsed the 15 minute time period to exit the parking bay. WHAT THE FUCK!!! My dad was yelling and cursing to the operator at the ticket machine. Then an attendant finally arrived to ask us to repay again because of the reason which I just wrote. My dad yelled at him , asking him to bring his manager to see us. He told us that i wasn't necessary to do it and pointed at me to pay the Rm3 instead of the RM8. Perhaps the reduction was to compensate us. I just shrugg off at him. What the hell am I supposed to go find another ticket machine to pay again. There was no apparent reason for us to pay again because it wasn't our fault for failing to exit the parking bay withing 15 minutes after paying the ticket. Doors were locked when we came out of the lift and we tried going through 3 floors (B1, B2 & B3) searching for a way to enter B2 parking bay. This attendant finally brought us to the office, but we didn't enter we waited and saw his manager coming to see us. We tried explaining but he didn't get which door we said was closed, and he explained that it is the shopping complex's policy to penalise any car owner who parks in the parking bay and not leaving withing the 15 minutes time period. My dad lambasted him back with all the valid reason. First the doors are not opened when we came out of the lift and we tried on 3 levels, therefore it was physically impossible to exit the parking bay within 15 minutes. Secondly, WHO THE HELL would want to stay in the shopping complex when everything was closed (It was 11.45 p.m. at that moment). The manager keeps on telling we have to pay to exit, and my dad treatens to break that barrier down because we are not going to pay either the RM8 or Rm3 preciously ask from us. My dad told him to bring his superior either the general manager or who ever more senior than him. He obliged; not long after Edmond and Alex was there so we told them our scenario and he too confessed that they can't find the car just now (But now they found it- Alex was driving it). Thirdly, there was certainly a breach of contract in this case. We had honoured our payment of RM8 in the beginning before we attempted to exit and now where is their honour of offering an exit for us. The matter of policy does not come into discussion here because in our circumstances, it is totally absurd and physically impossible to exit the bloody building in less than 15 minutes. We're no superman (...superpeople) here; we're just an ordinary 4 people in a family trying very hard to escape this horrific place. During the incident, present were the manager and other attendants (approx. 15-17 of them). Finally he allowed us to exit after hearing Edmond would pay the RM3 penalty. My dad continuously lambasted at them even in the car. This is precarious to their image as a 'rich and famous shopping complex' when simple problem which requires simple justification was not in motion. I understand their position that requires to uphold their instructed policy but looking at the current situation, in limited circumstances we have but of no choice to protect out rights as consumers. We are patronising the complex and it is their duty and prerogative to announce or position any signage to tell us where to go after the doors were closed. However there wasn't even a single signage available or spotted that was supposed to guide us and no any attendants that were located IN the shopping mall for us to ask. They had failed the reasonable bystander test, ultimately misleading us with utter silence on where to go to find our car. Therefore we as consumers are protected from paying that penalty charges. This is ridiculous to charge us by refering to Anonymous Shopping Complex v Anonymous where Anonymous CJ barred anonymous to claim penalty charges from anonymous due to the failure of anonymous to show valid signage to lead anonymous to locate their car at the Anonymous Shopping Complex...was just joking with business law...hahaha!! Where got case such as Anonymous v Anonymous and Anonymous CJ. Btw 'CJ' refer to chief judge. I don't dare to say that Anonymous Shopping Complex is inexistence because who knows it might be a complex in somewhere near Azerbaijan or Kazakstan or mayby located at the all famous Wall Street in the US.

Anonymous v Anonymous Shopping Complex [2008] RC BAC 123 High Court of Australia
Aplicant : Anonymous
Respondent : Anonymous Shopping Complex

Sorry about the limited type of court, deye studying Australian syllabus la.

Till then wishing all Malaysians, not only the Indians but all MALAYSIANs a very Happy Deepavali/Diwali. Remember to light your deepa(s) and avali(s) to celebrate the victory of good against evil. Expected to hear fireworks man, but it doesn't bother me studying just reminding me how great we are with diverse cultures but unified voice.

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