On February 4, 65438, the civil judgment issued by Daxing District People's Court in Beijing showed that Tesla Automobile Sales & Service (Beijing) Co., Ltd. (hereinafter referred to as Tesla Company) sold a car? Models? S when using the car, concealing the accident of the vehicle constitutes fraud.
The Daxing District Court ruled in the first instance that Tesla Company returned 379,700 yuan of car purchase money to Han Chao, and compensated three times of the car purchase money113.910000 yuan according to the provisions of the Consumer Protection Law.
Screenshot of judgment
This model? Han Chao bought a second-hand Tesla car through Tesla China official website on June 20 19. Before buying a car, Tesla promised that the used cars it sold would go through more than 200 inspection procedures before transferring the replacement vehicles.
Vehicles with good condition, no structural damage, less than 5 years old and a total mileage of less than 80,000 kilometers can only be sold in Tesla official website after providing second-hand certification.
However, Han Chao said that in just two months after buying a car, the vehicles involved frequently had problems, even suddenly paralyzed during driving, and all the switches and brakes failed, which almost caused a major traffic accident.
20 19 1 1 month, a motor vehicle appraisal company entrusted by Han Dynasty made a personal appraisal of this second-hand model. S has structural damage and is an accident car.
Han Chao believes that Tesla took the company to court by fraudulently selling accident vehicles that did not meet its commitments.
Tesla argued that there was no major accident in the vehicle involved, but only a minor collision accident. During the maintenance process, the fender of the vehicle was replaced by "welding and riveting" technology, which did not cause structural damage to the vehicle, in line with the sales promise of "no major accidents and no fire", and the company did not commit fraud when selling the vehicle.
However, the court organized another motor vehicle appraisal and evaluation agency to conduct judicial appraisal of the vehicles involved. The assessment agency believes that the depreciation loss caused by the accident maintenance of the vehicle involved is about 82,000 yuan, and the maintenance will have a certain impact on the safety of the vehicle.
For the result of the first-instance judgment, Tesla officially replied to the Future Auto Daily, "We have always paid attention to protecting the legitimate rights and interests of consumers. The first-instance judgment of this case has not yet taken effect, and we will appeal according to law. I believe that the court will eventually have a fair handling of this case. "
Although the case has not been finally concluded, it is not easy for Han Dynasty to win the first-instance judgment of "one refund and three compensations".
From February 9th, 20 19, when the case was formally filed in Daxing District Court, to February 4th, 2020, Han Dynasty ran for 35 1 day for this lawsuit, and experienced four trials before and after.
In addition to the economic costs that can be calculated (6,000 yuan appraisal fee, 905 yuan notarization fee, legal fees), he also paid an immeasurable time cost.
A model of the Han Dynasty parked in the underground garage of Wang Gang Tesla Center 1 year and 3 months? S, it's covered with dust.
Photo courtesy of respondents; Taken in September 2020.
After getting the judgment of the first instance, Han Chao accepted an in-depth interview with Future Auto Daily (ID: auto-time) and recalled the difficult process of safeguarding rights in the past year. The following is his account:
1
35 1 day long wait,
First-instance judgment of "one refund and three compensations"
My case was opened for the first time on June 4th this year, and 65438+February 4th was the last day. But until that morning, I still didn't receive any news. I called my lawyer and he didn't get the notice. I'm beginning to feel uneasy.
Since the afternoon, I have called the court more than a dozen times, but no one answered. They got off work at 5: 30 until 5: 20, and I finally got in touch with the judge. It only takes ten seconds to talk. He said he was writing a document. It will only take a minute. I said, ok, please.
I've been waiting at home and I'm not in the mood to do anything else. At about 6 pm, I received an email from my lawyer and the trial results came out.
It is a fact that this car is cut, and Tesla does not deny this. But they think it's a small problem. They think it's okay to maintain the car like this. This is also the difference between me and them. I think it affects my safety and even constitutes fraud.
This model? Before it was sold to Han Dynasty, the photos of cutting and repairing process of China Automobile in Beijing in the thunderous days.
Photo courtesy of the interviewee (provided by Tesla to the court and provided by the court to the interviewee)
I think they can repair it in any way, but I need to be informed when the car is sold to me. I have the right to know. The fact that this car is cut will affect my purchase decision.
I don't think Tesla should recycle such a car from the source, whether according to Tesla's used car sales standards or according to the relevant safety standards of automobiles.
I come from Tianjin. After I bought an officially certified used car in Tesla official website, I picked it up at a Tesla authorized car service company in Tianjin Binhai used car market. Therefore, a lawsuit was filed with the Hexi District People's Court of Tianjin on 20 19 165438.
Later, because the prosecution in Tianjin also involved jurisdictional objections, it might delay the time. On February 9, 20 19, I resubmitted the complaint in Daxing Court in Beijing. After three months of mediation, the case was officially put on file on March 10 this year, and the first trial was held on June 4.
On the morning of June 4th, around 10, my lawyer and I drove from Tianjin to Beijing, which took about two hours. We feel quite well prepared. Generally, about a week before the trial, I am busy until after midnight almost every day, and a cross-examination opinion may be changed dozens of times.
The trial began at 2 pm and lasted for more than two hours. What impressed me most was that Tesla's lawyer said at that time, "Like this used car, the price sold to the plaintiff (me) was only over 300,000.
How is it possible to make a forensic appraisal of this car and take out each part one by one for inspection? It is out of the question. "But the fact is, when they sold me this car, they claimed that they had carried out more than 200 vehicle tests.
The whole case was heard in public. The picture shows the first-instance live broadcast.
After the first court session, there were two cloud sessions in August and September, only ten minutes.
654381October 28th, at the fourth court session, the appraisers said that Passat's A-pillar was broken during the kinetic energy test, and it could also be sold, because it met the operational safety, but the collision safety was unqualified.
The representative of Tesla suggested that Passat's collision with A-pillar fracture can reach the national standard and be sold in the factory, which just proves that the safety mentioned by appraisers now is an irregular and illusory concept. This is obviously a confusing concept.
What I can't stand most is that in the last trial, Tesla called me a "porcelain-touching" activist in the list of evidence submitted to the judge, not a well-meaning consumer. I feel insulted.
Now that the judgment of the first instance has come down, Tesla needs to compensate me for more than 1.5 million. When I saw this result, I was actually very calm. I think the verdict is fair and meets my psychological expectation. But Tesla will definitely file a second complaint.
Now I have just finished all the links of the first trial. If the other party refuses to accept the judgment, it shall appeal within 15 days after receiving the judgment, and then it must be concluded within three months (without extending the trial period). It will take effect immediately after the judgment of the second instance. If they bring a lawsuit again, they will bring it to the higher people's court.
2
380,000 bought the first Tesla in life.
I became a frequent visitor to the maintenance center.
Tesla is a second-hand model? S is not my first car. I used to drive more than 500 thousand Mercedes-Benz E-Class and bought a brand-new car.
May 20 19, there was something wrong with that car and I wanted to change it. I didn't think it necessary to buy a new car at that time. Used cars are more cost-effective and cost-effective. Moreover, our family has a factory building, and we can install our own charging piles in the yard, so we also want to buy an electric car, but we don't want to buy Tesla.
20 19 started to look at cars in late May, went to the used car market to see Mercedes-Benz S-Class and Porsche Paramera, and then saw Model in Tesla official website at the end of May. S. Its acceleration is very fast and its appearance is very beautiful. I think buying a model? S's used car is a particularly cost-effective choice.
With the idea of experiencing it, I chose a black car and saw the official used car column in Tesla official website, leaving my contact information.
It wasn't too tangled at the time. I feel that this car is officially certified and quite credible. The next morning, a Tesla used car sales supervisor who usually works in Shanghai headquarters contacted me by phone. He is a young salesman.
When communicating, the salesman said that there is not much difference between certified used cars and new cars. It has no loss of conventional components such as engine and gearbox.
He said that this car has only a battery loss and has passed more than 200 official tests. Renovated by the original factory, there is a two-year extended warranty, promising no blisters, fires, structural damage and major accidents. Besides, he strongly advised me to buy one of the two cars that looked exactly the same.
May 3 1, 20 19, June 1 1, 201.
Tesla's used car sales emphasize the certification of used cars to ensure that there are no major accidents.
Photo courtesy of respondents
Soon, I paid 382,500 yuan (the car was reduced to 379,700 when I picked up the car, and the difference was called me half a month after I picked up the car), ready to pick up the car. At that time, I could choose to pay only a deposit of 654.38 million yuan, but I paid the full amount.
The car sold for more than 700,000 at the original price. Although used cars have dropped by nearly half, I don't think there will be any problem.
I investigated and evaluated some used car markets and software at that time. This model has been in operation for 5 years and has traveled more than 50,000 kilometers? S, when the car is in good condition, it can be sold in the early 300 thousand
At that time, Tesla's cars were really in demand, including used cars. Seeing used cars in Tesla official website, maybe you just took a fancy to one today and bought it off the shelf in a day or two.
I tried to communicate with the sales staff to see if it could be cheaper. He said that all certified cars are systematically priced and sold as much as they hang. I'm also afraid that time will run out as soon as the trailer runs out, so I pay quickly and hardly hesitate.
On the morning of June 5, I couldn't wait to pick up the car. Tesla did not let the owner look at the car and test drive. You can choose a specific car, they will provide the frame number, but you can't see the real car, you can only look at the basic configuration and mileage of the car online.
I didn't touch my car for the first time until all the formalities were completed. Although the official Tesla didn't come, I didn't feel anything unusual, but it was quite formal. Because the sales handed over to me have always represented Tesla officials, the handover procedures are also entrusted to regular car service companies.
Unexpectedly, the day I picked up the car, I found that the left back door of the car could not be opened. The salesman explained to me that the sensor door handle of the car might be broken, and suggested that I go to the service center for repair and replacement in the afternoon after picking up the car.
I'll get the car and then I'll fix it. I'm a little skeptical about whether the more than 200 tests they claim have really been done. Later, in the process of using cars one after another, many problems were found.
The left rear taillight does not light up, the screen is garbled, the autopilot fails, the wiper fails, and the ESP (Body Stability Control System) fails.
Two months after the car was picked up on June 4, the model of Han Dynasty? S failed one after another.
Photo courtesy of respondents
I calculated that more than two months after I picked up the car, I went to the service center more than a dozen times. It was all minor problems at first, and I didn't care. I even joked that I come to your place every day, almost like punching in.
Their staff basically know me. One of the service managers once told me that if you want to buy Tesla, you should be prepared because this car has many small problems.
About half a month after picking up the car, Han Chao discovered this model? S left rear taillight fault
Photo courtesy of respondents
So is the new car. Later, I met a new car in the service center and it was defective when delivered. The front bumper was smashed by a bowl. Is it also an imported model? s .
The owner and a group of friends came to pick up the car, and Tesla's people directly replied: "Do you want this car? You don't want someone to take it away tomorrow. It will take another year to buy again. "
three
After a major failure,
Embark on the road of safeguarding rights
Although minor accidents kept happening, I didn't expect this car to have a big problem.
On the afternoon of August 24th, around 10, when I was about to get on the expressway, the car suddenly stopped with a bang, and the brakes and switches could not be stepped on. Instantaneous vehicle speed drops from 120km/h to 56km/h, and then five fault codes pop up on the screen.
Models? S stall moment, the car jumped out of five fault codes.
Photo courtesy of respondents
I'm nervous, and there are some friends in the car. Fortunately, the steering wheel still works. I calmed down and used the remaining speed of the car to sneak into the emergency lane. When the speed runs out, wait for help by the roadside.
The car has stopped, and the endurance display can still drive 348 kilometers. Near the early morning, the first rescue vehicle arrived, which was very unprofessional. The rescue vehicle couldn't find the towing hook, and kept calling customer service to ask how to tow it.
Later, a rescue vehicle was called, but the towing hook could not be found, but there was a rear bucket on the vehicle, which could be put down to make a slope. Finally, together with several of us, we pushed the car up and tossed it until 3 am, and our mentality collapsed.
Models? After the S stall, the dashboard shows the remaining cruising range of 348 kilometers.
Photo courtesy of respondents
So far, I haven't encountered a sudden failure of the throttle and brakes when driving an oil truck. Moreover, in the past, when the car broke down on the side of the road and needed to call for rescue, like Mercedes-Benz, they would provide a free trailer within 150 km and arrange a four-star hotel nearby for three days for free. You will be informed to pick up the car after it is repaired.
But these services are completely absent in Tesla. After the car was towed away, I asked a friend to pick us up at midnight. Later, Tesla provided a model according to my request? S scooter is temporarily open.
My car was tested for a week, and Tesla told me that the fault was that the umbrella valve and the big insurance were broken.
I don't know what this means, I don't trust them, and I don't know what parts they changed. They also said that there is no guarantee that there will be no problems after use.
On August 27th, the model was demolished at the Tesla Center in Wanggang, Tianjin. S
Photo courtesy of respondents
I dare not continue driving such a car.
I offered to return the car in full, and Tesla agreed to return the car, but not in full. They said that during my use, the car was damaged by about 654.38 million yuan. I disagree, because I didn't cause this result, and I have no reason to bear it.
165438+1On October 28th, I filed a lawsuit in the Hexi court in Tianjin, and formally proposed that Tesla "return one and compensate three". Then I joined five or six Tesla rights holders. The obligee has a heat period and a cooling-off period, and the heat period generally does not exceed two months.
Litigation with Tesla is not that simple. Many people choose to give up halfway. Not many people can afford energy, whether because of the limitation of time, energy or money, or because Tesla is invincible.
I met some car owners who took out loans to buy cars. The work pressure and economic pressure are relatively large, and it is entangled with Tesla and the cost is too high.
But I am a freelancer myself, and I still have plenty of time, so I decided to stick to it.
After submitting the complaint, I read every word, every news, all articles and interviews related to Tesla in official website, including every refereeing document of Tesla on the Internet, sales contract disputes and so on.
I want to do a particularly in-depth study of all their maintenance mechanisms and insurance mechanisms, including the mechanism of ordering spare parts. I tried my best to find all the evidence until I was satisfied.
For example, in some cases, Tesla will remind the owner of the vehicle involved that he is still driving before the court date, indicating that the owner recognizes and is satisfied with this situation.
So, I haven't driven a car since the sunrise on August 24th last year. I kept all the relevant information in Tesla official website.
In order to cooperate with rights protection, I specially opened a Weibo account. When I first sued, I basically interacted with Tao Lin (Tesla's vice president of external affairs) and Lao Zhu (Tesla's president in Greater China) in Weibo every day, and I also went to Aite's after-sales service and customer service team, and then they would reply in the comments, asking you to send a frame number.
But not long after, about six months ago, I found myself hacked. I can't comment on my account, and I can't apply for lifting the ban through webpage verification. I can only browse information after logging in, and others can't find me.
Weibo's comments of Han Dynasty were deleted and blocked.
Photo courtesy of respondents
During the period of rights protection, I have also been negotiating with Tesla Service Center. Many times I go to their service center, and during the day they prevaricate and say, "I'm sorry, I can't solve it. You can solve it through legal channels." After work, they called the police and said that I had disturbed their normal operation.
Buy a model? After S used car, Han Chao visited Tianjin Wanggang Tesla Center many times.
Photo courtesy of respondents
four
"Tesla wants to give customers basic respect"
Before buying a car, I still believed in Tesla. But today, as a human rights activist, how can I trust it?
I am a particularly rational person and will not set up idols for myself. I don't think there is anything worthy of special worship in this world.
And I am a very cautious person, paying special attention to the details of life. Tesla happened to meet me, and I happened to catch up with Tesla, so this happened.
After the resumption of trading, I think the most important thing in the process of safeguarding rights is to retain evidence, and the second is to have careful logic. I suggest that consumers should be prepared to keep the evidence from the moment they want to buy Tesla. Every phone call, every WeChat, and every piece of evidence must be kept.
I know that a case was lost because there was no evidence left. His case involved that the charging power did not match the sales introduction. In this case, the owner needs to keep the charging information of the sales introduction before purchase, rather than the reply information of the sales after picking up the car.
After the car is sold, the information introduced in the sale is inconsistent with the actual information, which does not constitute fraud and requires pre-sale communication evidence.
There are also cases that I think are likely to win, but in the course of litigation, the focus of car owners' rights protection is misplaced. I have seen the lawsuit of a owner named Mr. Li. His original motor was removed by Tesla and replaced with a spare motor. He has always stressed that Tesla illegally modified the motor, but completely abandoned the elements of fraud.
The lawsuit is 80% by yourself and 20% by lawyers. A lawyer only uses his legal vocabulary and understanding of the law to defend you with your evidence. Collect evidence and information, all of which should be done by yourself. Lawyers will take many cases alone, and they don't have so much energy to focus on your case.
I usually like painting, singing and other artistic things. Before suing Tesla, I basically went to the nearby fight hall for three or four hours every afternoon. But after the lawsuit, just go once a week. I spend my spare time reading documents and looking for evidence.
As I said in Weibo, I will stick to my idea even if I sue to the High Court. Because I think such a car can't be sold without telling customers, customers should have the right to know, and Tesla should give customers a basic respect. Since we have chosen to defend our rights, we must persist.
In the past, there were several users with fixed IDs on Weibo, all of whom should be loyal fans of Tesla, and they would start to scold me in the comment area.
But later, several people's attitudes gradually changed. They will ask me how the lawsuit is going now, and some people will start to comment on "supporting you" and "great"
I am also used to being independent, and my parents also support me to defend my rights. We think everything should have a reasonable explanation, and we can't be so confused.
I didn't pay much attention to cars before I learned about cars from a lawsuit with Tesla. Maybe in a year, I can be Tesla's lawyer.
-End-
This article comes from car home, the author of the car manufacturer, and does not represent car home's position.