Bentley Mushang, who had lacquer damage during transportation, was sold by a car dealer and sold as a new car at a price of 5.5 million yuan. Therefore, the case with the highest amount of “returning one loses three†in the history of consumer protection rights was born – the first instance of the Guizhou Provincial High Court ruled that the seller compensated the owner for 16.5 million yuan. The case is currently under trial in the second instance.
Guizhou owner Yang bought a Bentley Mushang, the car is 5.5 million yuan. Yang said that the seller promised that the car is a brand new British imported car, but the vehicle is constantly in use, he repeatedly asked the seller to ask, but the other party is always ignorant, avoiding answer. When he went to the maintenance in 2016, he accidentally discovered that the car had a major repair record before the seller delivered the car to himself, and he appealed to the court.
According to the evidence, the court found that Bentley is still imported from the UK by the Volkswagen sales company. On the day of the arrival of the car to Xinguixing, the company found that there was paint damage under the left front door of the car during the handover inspection, so the polishing and waxing were carried out to remove the damage. This processing operation is recorded in the maintenance record of the vehicle. After that, the right rear sunshade curtains were abnormally sounded, and the new Guixing company replaced the sunshade curtain assembly, which was also recorded in the maintenance record.
"Replacing old with the old" is a consumer fraud. In accordance with the provisions of the law, it should be compensated three times. On October 16, 2017, the Guizhou Provincial High Court made a first-instance judgment on the case of the owner Yang Mou v. Guizhou Xinguixing Automobile Sales and Service Co., Ltd. The court found that the auto seller constituted consumer fraud, canceled the sales contract, and the owner retired the car. Three times compensation is paid at the same time as the refund of the car. Long Weilin, an attorney of Guizhou Fudi Law Firm, the agent of the owner Yang, said that the auto seller had filed an appeal after the first-instance judgment, and the second trial is still under trial. (According to the Legal Evening News)
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The owner of the car sues the old
Accounted for 60% of auto rights protection cases
The reporter found that in recent years, in the case of auto consumer rights protection, the owner of the car prosecuted the car dealer "old car as a new car to sell" accounted for a high proportion.
Taking the "Northern Law Magic" judicial document database as the data sample database, the reporter used the January 2017 as the starting point of time and searched for "car sales contract fraud" as the key word, and retrieved 298 judgments.
The data shows that in 298 cases, the owner of the car sold "the old car as a new car sold" 181 cases, accounting for 61%.
Many people will take it for granted that such cases should focus on low-end brands, but the results of statistics show that this is not the case - 65 cases involving high-end car brands, accounting for 36%.
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