Xi'an runs quickly recently incident of female dimension authority is not decreased in network heat, so if buy the existence in car process con, how does consumer get compensatory? The directive case that top people court released 2013 is below, the hope has certain referenced effect to everybody.
17 Zhang Li appeal to directive case Beijing join forces China connect a car to serve desk of dispute of contract of limited company business
Keyword: Civil business contract is con family expenses car
The judgment wants a place
1.For domesticity consumption needs to buy a car, produce con issue, can according to " rights and interests of consumer of People's Republic of China protects a law " processing.
2.Acceptance of the person that the car is sold sells the new car that was not used or has maintained to consumer, the discovery after consumer is bought fastens the car that use or has maintained, the person that sell is indemonstrable already fulfilled tell obligation and get consumer is approbated, make a sale con, the person that consumer asks to sell protects a law to compensate for losing according to consumer rights and interests, people court should grant to support.
Relevant law
" rights and interests of consumer of People's Republic of China protects a law " the 2nd, fiftieth 5 the first (this department was revised on October 25, 2013, the 49th is before revising)
Fiftieth 5 operator provider is tasted or the service has fraudulent action, ought to increase the loss that recoups its to get according to the requirement of consumer, the amount that increases compensation buys the money paid for something purchased or received for something sold of commodity to perhaps accept 3 times of the charge of the service for consumer; The amount that increases compensation is not worth 500 yuan, it is 500 yuan. Law has a regulation additionally, its set according to.
Operator knows perfectly well commodity to perhaps serve existence blemish, still offer to consumer, cause what other perhaps victim dies or health harms consumer badly, the victim has according to of power demand operator Benfadi 49, fiftieth wait for law to set compensatory loss, authority asks what to suffer lose to punish sexual compensation below doubly.
Basic details of a case
On Feburary 28, 2007, accuser Zhang Li from the accused Beijing join forces China connects a car to serve limited company (abbreviation join forces China tell a company) buy car of Lan Jingcheng of Buddha of Shanghai general snow, the price 138000 yuan, bilateral autograph has " the car sells a contract " . This contract agrees the 7th times: "... the bargainor makes sure buyer place buys car to be new car, already made before consign examine necessarily and clean, the kilometer number of car hodometer is 18 kilometers and each specification that in according with a bargainor to offer the document of the consign that follow a car of buyer, lists and index... " the contract is signed that day, zhang Li to join forces China know company delivery the money that buy a car 138000 yuan, paid car to purchase duty at the same time 12400 yuan, service of one continuous line expends 500 yuan, insurance premium 6060 yuan. With day, join forces China connects car of Lan Jingcheng of Buddha of company general snow Zhang Li of a consign, zhang Li dealt with motor vehicle to register formalities for this car. On May 13, 2007, when Zhang Li is sending join forces China connect a company to maintain car, discover this car ever had undertaken maintaining on January 17, 2007.
In cognizance, join forces China connects a company to state what Zhang Li buys car cut is caused in ever carrying road truly, had undertaken maintaining on January 17, 2007, maintenance project includes right before spray paint of leaf board spray paint, right front door, right hind the leaf before the leaf after leaf board spray paint, right front door is Ban gold, right is board Ban gold, right board Ban gold, bottom big border checkpoint changes to buckle in maintenance, the leaf before gasoline tank door is reached board lamp assembly. Send the department that trim a person this company clerk. Join forces China connects a company to say, the thing that ever had maintaining to car informs Zhang Li clearly when the sale already, give accordingly relatively substantially privilege, this car sells a price to should be 151900 yuan, classics after talking things over, actual sale price is this car 138000 yuan, still gave partial adornment. To prove afore-mentioned facts, join forces China connected a company to offer car maintenance log and the date that Zhang Li signs to have sex for the car Feburary 28, 2007 check and accept single share, have sex in car check and accept odd remarks note in one column have " add 1/4 oil, there is Ban gush repair on the right side of this car, sell by conventional price " . Join forces China connects a company to express to should check and accept sheet to fasten this company to save, this sheet is not had in Zhang Li hand. To join forces China two afore-mentioned witness that tell a company to offer, zhang Li expresses to do not have demur to car maintenance log, car hands over the signature in checking and accept sheet to tie its place lot truly, but join forces China connects a company to did not inform car to ever had maintenance when the sale, the remarks when its are signing is done not have in one column " there is Ban gush repair on the right side of this car, sell by conventional price " model of written characters.
Juridical result
Court of people of division of Beijing rising sun made in October 2007 (2007) Chao Minchu word the 18230th civil judgment: One, cancel Zhang Li and join forces China connect a company to was signed on Feburary 28, 2007 " the car sells a contract " ; 2, Zhang Li after adjudicative become effective the car of Cheng of Xue Folan scene that buys its inside 7 days returns join forces China to tell a company; 3, join forces China connects a company to buy vehicle fund at adjudicating become effective hind returns Zhang Li inside 7 days twenty-four thousand two hundred and ten yuan; 4, join forces China connects a company to purchase duty at adjudicating become effective hind compensates for Zhang Li inside 7 days twelve thousand four hundred yuan, the service expends 500 yuan, insurance premium 6060 yuan; 5, join forces China tells a company after adjudicative become effective double compensation Zhang Li buys vehicle fund inside 7 days thirty-eight thousand and ten yuan; 6, reject Zhang Li other suit request. After adjudging, join forces China connects a company to put forward to appeal. Beijing court of the 2nd intermediate people made on March 13, 2008 (2008) 2 in civilian eventually word the 00453rd civil judgment: Reject appeal, maintain original judgement.
Juridical reason
Judgment of forensic become effective thinks: Accuser Zhang Li buys a car to because the life needs for private use,be fastened, the accused join forces China connect a company to prove without evidence Zhang Li buys this the car is used at managing or other blame life is consumed, reason Zhang Li buys the behavior of the car to belong to the life to consume need, ought to applicable " rights and interests of consumer of People's Republic of China protects a law " .
Sign according to both sides " the car sells a contract " agreement, join forces China connects the car of company delivery Zhang Li to should be the new car that does not have maintenance log, car of carry out showing place passes maintenance actually before consign, this is the fact that both sides recognizes jointly, the focus of this case controversy is reason join forces China connected a company to whether be fulfilled beforehand tell obligation.
Of car sale price reduce or privilege and giving a car to act the role of is the sale strategy with commonly used distributors, also be the outcome that bilateral party negotiates, cannot conclude from this give join forces China to connected a company to undertake depreciating mixing to its on the foundation that informs flaw of existence of Zhang Li car privilege. The traffic that join forces China connects what the company refers to Zhang Li signs has sex check and accept sheet, because fasten join forces China to connect company home remedy to save, and the member that one column content does not colleague by this company writes remarks, together with Zhang Li does not grant to approbate to this, should check and accept sheet to be able to 't prove Zhang Li to understand had been maintained before car somewhat. Reason is right join forces China connects company counterplea to say its fulfilled a flaw to tell obligation to Zhang Li, do not grant to collect a letter, should maintain join forces China to connected a company to conceal the flaw that car exists when carry out car, have fraudulent action, should retreat car reimbursement and increase the loss that recoups Zhang Li.
