When Advertisements Tell Different Truths
Monday, 30 April, 2012 | 21:55 WIB

TEMPO Interactive, Jakarta:A Nissan March hatchback is now idling away in a garage of a two-storey home, at one corner of Jalan Kalibata Tengah in South Jakarta. Its owner, Ludmilla Arif, seldom uses the hatchback, unless there is no other vehicle available. The vehicle has become an object of dispute, with Ludmilla learning that she could get just seven or eight Km/L out of this vehicle – when Nissan had advertised that hatchback was able to drive up to 21.8 km/L.

Last month, South Jakarta Court seconded to the ruling of Consumer Dispute Resolution Agency (BPSK) that Nissan should refund her the full value of car. Nissan is now fighting back by filing an appeal to the Supreme Court.

“I don't want to be accused as continuing to enjoy the car,” the 39 years old woman told Tempo last Wednesday. The mother of two recounted a series of events in the past year that led to the case. In early 2011, Milla wanted to buy a small, powerful car that was chiefly fuel-efficient. On March 7, 2011, she bought the Nissan March hatchback in Warung Buncit, South Jakarta.

The car however had a huge thirst for fuel in contrary to Nissan's claim. Form her calculation, she found out that the car burned off one liter after every 7-8 km. On the advice of Indonesian Consumer Foundation, she took her case to BPSK Jakarta last October. The Agency with its members from companies, consumers, and government, after two mediation sessions over the refund amounts, ruled in favor of Milla.

BPSK said that Nissan March's advertisements violated Article 9 Paragrah 1k and Article 10c of Law No. 8 of 1999 on Consumer Protection. Violation of the two articles has the maximum penalty of 5 years imprisonment or fines up to 2 billion. ****