Awal and his wife Scha leaving a courtroom in Kuala Lumpur. — Bernama photo
KUALA LUMPUR: Celebrity couple Awal Ashaari and wife, Scha Al-Yahya were awarded damages totaling RM345,305 by the court here yesterday after winning their suit against textile supplier D’Haja (Malaysia) Sdn Bhd for breach of agreement on the exclusive distribution of their fragrance line, Bleu and Maroon.
Sessions Court judge Shamsudin Abdullah ordered D’Haja to pay the damages after allowing the suit by Awal and Scha, whose real names are Ahmad Awaluddin Ashaari and Sharifah Nor Azean Syed Mahadzir, respectively.
The court ordered D’Haja to pay general damages of RM10,000, interest of five per cent from the date of filing until full payment, as well as cost of RM5,000 to Awal and Scha, who were named plaintiffs in the suit.
In the judgment, Shamsudin said the court found that D’Haja, as the exclusive distributor and seller of the fragrance failed to carry out its responsibility in ensuring 20,000 bottlers of the fragrance belonging to the plaintiffs were in good condition.
“The defendant should check each and every bottle of the perfume to ensure that it is in good condition, can be sold and use because the good name and reputation of the plaintiffs are on each and every bottle received by the defendant,” he added.
Shamsudin said in the agreement signed between the plaintiffs and the defendant clearly stated the role and responsibility of the company concerned and of its obligation to safeguard the couple’s good name and reputation.
“Therefor, when the defendant received 20,000 bottles of the perfume from Eree International Sdn Bhd, it is the responsibility of the defendant to safeguard the good name and reputation of the plaintiffs,” he added.
He said the company admitted that it did not check every bottle it received, claiming that it was not its responsibility to do so and because it involved many bottles.
“The court finds the excuse unacceptable…also on the evidence that the delivery of the bottles direct to the defendant was made by the defendant itself to Eree International without the knowledge or consent of the plaintiffs,” he added.
Shamsudin said the defendant was also responsible to distribute and sell the perfume, as well as to make payment to the plaintiffs after receiving the payments from buyers.
He said it was the responsibility of the defendant to return the faulty bottles to the plaintiffs.
“The court finds that the defendant decided on its own to return the faulty perfume bottles to Eree International for replacement, an act which denied the plaintiffs’ right on the perfume and clearly a breach of their agreement,” he added.
Meanwhile, the court also allowed a counter-claim by D’Haja and ordered Awal and Scha to pay RM55,000 to the company for breaching their agreement by selling the perfume themselves to Brunei.
In the suit filed on April 30 last year, Awal and Scha claimed that they signed an agreement with D’Haja, giving the company exclusive distribution of their fragrance for two years, between Oct 11, 2016 and Oct 10, 2018.
However, the couple claimed that D’Haja failed to carry out its responsibilities as stated in the agreement and also failed to return 3,215 bottles of the fragrance which it claimed to be faulty, as well as failed to provide the sales record and refused to pay their demand for the loss.
Awal and Scha, represented by lawyer Datuk M. Reza Hassan, were at the court yesterday.
D’Hajawas represented by lawyer Datuk Hasnal Rezua Merican. – Bernama