A ROAD user is taking the Hulu Selangor District Council (MDHS) to court for refusing to pay compensation after his car was damaged in a massive pothole.

Mohd Rhidduan Philips Abdullah said the local council refused to reimburse the RM24,646.40 he paid for repairs after he drove into a gaping 1x2-foot wide, four-inch deep hole in Hulu Selangor on April 17 this year.

Riddhuan, advisor to the Malaysian Entrepreneurs’ Welfare and Social Collaboration Organisation (Kesuma), lodged a police report on the same day over the council’s failure to patch up the hole or to place a cone to warn road users of it.

He said the council was negligent, claiming that road users have complained about the pothole, which is located along Persiaran Automatif, Hulu Selangor, since June last year.

“I can accept the council’s excuse that it needed time to hold a meeting and assign a contractor to fix the hole, but I question and dispute the failure of the council to place a safety cone or other signs to warn road users,” said Ridhuan

Riddhuan said a group called the Brotherhood Motor Club had lodged a report to the council regarding the pothole on June 29 last year, and once again a month before his accident.

He said his decision to sue MDHS was because he wanted to urge other road users like him who were tired of having their rights and their safety violated by those in power, to speak up and claim damages.

“I could use the car insurance or warranty for my tyres, but why should I waste my warranty coverage when it is somebody else’s wrongdoing,” Riddhuan told The Malaysian Insight.

“We have to send a strong message to the city council which is too complacent. If this is how they work, then the state government needs to change the officers. The people holding positions of power are irresponsible,” he said.

MDHS Engineering Department director told Riddhuan in a letter dated May 15, 2017 that it would not foot his repair bill as the damages were not directly caused by any projects or works conducted by the council.

“This office can only consider claims if the damages to the vehicle occurred as a result of negligence by contractors appointed by the council during works conducted in a public place, and which have led to the accident,” said the letter.

Riddhuan said he has already engaged a lawyer to proceed with legal action against the council but he will give the council time to reconsider its decision to not compensate him.

He said he will be meeting MDHS head Noraini Roslan on June 2 to discuss his claims and has also submitted a letter of complaint to Selangor Mentri Besar Mohamed Azmin Ali on May 24.

MDHS slow to act

A local resident Mohammad Aizat Sulaiman, 27, said while most of the worst-damaged roads in the area have since been repaired, the council would only take action months after complaints are lodged.

“The roads are tarred over, but they don’t last long and will be riddled with holes again very soon.

“There are weeks where I have to make two or three complaints about the potholes,” he said.

He said many motorcyclists used the damaged road, prompting the chicken trader to often patch up the potholes on his own.

“It takes only three minutes to patch up the hold, and the tar we use only costs RM35 for 25kg,” Aizat said. – June 1, 2017.