Case 1:
20 17 17 An automobile sales and service company in Wuhan (hereinafter referred to as the automobile company) signed an Automobile Sales Contract with Mr. Lei, stipulating that Mr. Lei would buy a Maserati car at a price of 312,300 yuan, and Mr. Lei would drive away after paying the purchase price. 2018 65438+129 October, Mr. Lei was refused to go to Wuhan Vehicle Administration because the nameplate of the vehicle product did not meet the requirements. Later, the car company re-made the nameplate, which still did not meet the requirements. 2065438+On March 4th, 2008, the automobile company remade the nameplate (according to the requirements of the vehicle management office) and informed Mr. Lei to apply for a license after receiving it. Mr. Lei refused to get a new nameplate, and he never went through the registration formalities of vehicle license plate. 2065438+On March 8, 2008, Mr. Lei sued the car company, claiming that the car could not be licensed and there were other quality problems. The car company had sales fraud, demanded to return the car and claimed three times the price of the car. 2018165438+1October 30th, Mr. Lei completed the registration in the vehicle management office with the nameplate made on March 4th.
In the end, the court came into effect, and the auto company was sentenced to compensate Mr. Lei for a period of time, from the time when the car was picked up to the time when a new nameplate was made to inform Mr. Lei that it met the requirements. After deducting the license application period, it was calculated as 15900 yuan. If Mr. Lei's other requests are not supported, Mr. Lei will bear the legal costs of 16289 yuan and the appeal costs of 1439 yuan.
In this case, consumers have been obsessed with returning cars. In the end, after spending 16289 yuan in legal fees +65438 yuan in legal fees+the cost of not being able to use the car for nearly 9 months, he only got 65438 yuan +05900 yuan in compensation from the car sales company. Judging from the results, the owner obviously lost money, but whether the court's decision is reasonable, I will give you an analysis after I finish the second case.
Case 2:
On April 9, 20 18, an automobile sales and service company in Wuhan (hereinafter referred to as the automobile company) signed the Automobile Sales Contract with Mr. Yan, stipulating that Mr. Yan would buy a Maibakh car at the price of1498,000 yuan. On April 3, 2065438+08, 18, when the car purchased by Mr. Yan went to the vehicle management office for registration and was checked back to the car company for parking, the car company accidentally scraped off the paint the size of the coin at the rear of the car when getting off. The car company told Mr. Yan the truth and asked him to pick up the car. Mr. Yan refused to pick up the car and demanded to return it or exchange it for a brand-new car or pay 250,000 yuan.
After several discussions, the two sides finally reached a settlement agreement, and the car company repaired the car paint and compensated the maintenance fee worth tens of thousands of yuan.
In this case, the consumer insisted on returning the car at first, but after some negotiation, he finally gave up the request. After spending some lawyer's consulting fees, he got the repaired car and maintenance compensation worth tens of thousands of yuan. Although the new car will make the owner feel uncomfortable, fortunately, in the end, he got some compensation, which is a small compensation.
Case 3:
2065438+In February, 2005, Liaomou, a consumer of Changning City, signed a car purchase contract with Changning Power Express Company (agent of Tianxi Company) and bought a Changan Ford New Focus car at the price of13.190,000 yuan. As Tianxi Company is the only legal supplier of this type of car in Hengyang, Tianxi Company is interested in.
On April 19 of the same year, when Liao was doing car beauty, the beauty technician found that the front bumper of the vehicle had obvious paint repair marks and asked Liao if he had painted it. Liao was very surprised. How is the new car he just bought painted? Liao realized that he had bought a car with quality defects. After leaving the factory, the car was repaired because of problems. I reported it to Power Express and Tianxi, but the other party ignored it.
After a public hearing, on February 5, 20 15, Changning People's Court made a judgment of first instance, and found that the defendant Tianxi Company had fraudulent behavior in selling accident vehicles to consumers. According to the relevant provisions of the Law of People's Republic of China (PRC) on the Protection of Consumers' Rights and Interests, Tianxi Company was sentenced to return 6544 to consumers.
The result of this case can be described as people living in poverty. Consumers have successfully defended their rights with legal weapons, and illegal businesses have also been punished as they should. This kind of shoddy behavior obviously infringes on consumers' rights and interests. The evidence is conclusive and the facts are clear. The court will support consumers' claims.
It can be seen that it is very important for consumers to grasp the scale of consumer rights protection. Excessive rights protection is likely to make you lose more than you gain, and reasonable rights protection can win the greatest benefits for yourself. Then, as an ordinary consumer who is not a legal practitioner, how should he take up legal weapons to properly protect his rights?
In this regard, after consulting the relevant lawyers, the auto professional network also summed up some experiences for everyone: if you buy a car with problems, you must protect your rights. It is recommended to know the "Three Guarantees of Automobile" first, that is, the "Responsibility Regulations for Repair, Replacement and Return of Household Automobile Products". This document makes it clear that automobile consumers can claim what rights from which subject under what circumstances.
Take the "returning the car" mentioned in the above two situations as an example, the requirements for returning the car are relatively high. "During the three-guarantee period, if the consumer chooses to replace or return the household automobile product under any of the following circumstances, the seller shall be responsible for replacing or returning it: (1) The product has been repaired twice due to serious safety performance failure, and the serious safety performance failure has not been eliminated or a new serious safety performance failure has occurred; (2) If the engine and transmission are replaced twice, or the same main parts of the engine and transmission still cannot be used normally due to their quality problems, the replacement times of the engine, transmission and its main parts shall not be counted repeatedly; (3) The same main parts of the steering system, braking system, suspension system, front/rear axle and car body still cannot be used normally after being replaced twice; The main components such as steering system, braking system, suspension system, front/rear axle and body shall be clearly marked by the manufacturer on the three-guarantee certificate, and their types and scope shall comply with relevant national standards or regulations. The specific requirements shall be stipulated separately by the AQSIQ. " Therefore, it is inappropriate and basically impossible for consumers to put forward that "I must change cars". Of course, the specific situation can be analyzed with reference to the automobile three guarantees.
At the same time, we should carefully distinguish whether there is subjective malice in automobile companies and make demands according to the situation. In case one, consumers think that there is intentional fraud in the automobile company, and it is a bit excessive to ask for a refund of one and three losses. If you want to know what kind of compensation you can get for your situation, you can refer to previous cases. Taking sales fraud as an example, the court may support the case that the new car that has been sold is not informed, the new car with insurance claim maintenance record is not informed, and the used car deliberately fails to inform the false car condition. It should be noted that consumers who advocate automobile company fraud must complete the burden of proof (intentional fraud, fraudulent behavior, causal relationship between fraud and consumption).
The automobile company is responsible for the disputes in the above two cases, but it was not caused by the automobile company on purpose. In this case, consumers should have reasonable rights and should not make a secret. If the car company agrees to "help solve related problems and give appropriate compensation separately", it is worth considering and accepting. If the gap between the two sides is too big to reach an agreement, a third-party appraisal agency can be introduced for evaluation, and the two sides can consult with the appraisal opinions as a reference.
Summary:
Law is not only to protect consumers, but also to ensure the legitimate interests of manufacturers and distributors, otherwise it will have a bad impact on the market after being used by people with ulterior motives. Just like the owner in the first case, although the nameplate failure is the negligence of the dealer, there is no quality problem with the vehicle. After the nameplate is re-made according to the national requirements, it is ready to be put on. The owner's excessive rights protection did not win the due benefits, but lost his wife and lost his soldiers. Therefore, not all automobile rights protection cases support the standard of returning one and losing three, which requires specific case analysis.
This article comes from car home, the author of the car manufacturer, and does not represent car home's position.