"Xi'an runs quickly woman's bicycle advocate thought of the complain tearfully on engine lid fors the time being " incident causes public opinion heat to discuss, after confronting issue of mass of vehicle how legal thought authority also was moved mesa. These days, the in relief gentleman that works in Zhuhai professed to encounter similar trouble. He is mirrorred, hand of a when its buy newly auspicious distant view is moved block car of happy scuttle edition, travel 3000 much kilometers are marred with respect to spontaneous combustion, suspect existence quality the problem.
Personnel of customer service of auspicious car government is responded to yesterday, already received the report of in relief gentleman, manufacturer already follow-up is checked. The Zhuhai mark that sells this car is far auspicious go up to sell chief to express to 4S inn, 4S inn is handled in active follow-up all the time, connection the manufacturer asks tripartite appraisal to affirm car spontaneous combustion is factitious after all, collision or car oneself problem are caused, predict these days to be able to give first treatment plan.
Consumer is complained
The half an year that buy a car is much, open 3000 much kilometers with respect to spontaneous combustion
In relief gentleman says, its will pay deposit last year in August, in the strong mark on Zhuhai auspicious 4S inn bought far trade limited company hand of a distant view is moved block happy scuttle edition 5 sedan, the money that buy a car, go up the cost amount such as card, insurance more than yuan 72 thousand. Shift a car formally on September 25, because commute daily,the unit has regular bus to receive send, new car is used rarely, not long ago falls ill because of the father of Yunnan native place, its drive come home during visitting, on April 13 car happening spontaneous combustion, bring about car to mar.
In relief gentleman offerred the contract that buy a car, head protect the evidence such as maintenance sheet oneself view. A certify to that issues by group of fire control of county of Yunnan artful home shows, driver Yang Mou, on April 13, 2019, hold C1 kind motor vehicle driver's license drives date of × of × of C15Y of another name for Guangdong Province is small-sized the car presses down village of aunt of short for Weihe River to press down travel of direction of village of new stockaded village toward new store from new store of artful home county. 14 when make 50 minutes, when travel presses down village of level ground ground to look at a section of a highway of river stockaded village to new store, car is abrupt on fire, cause car by burn down, the spot does not have personal casualty.
"Car only travel 3000 much kilometers, carry Che Yecai half an year is much, still protecting character period inside produce spontaneous combustion, I cannot think of really. " in relief gentleman says, this car, buy through mortgaging loan, mar to car spontaneous combustion, still have money of about 30 thousand yuan of end outstanding Qing Dynasty, every month returns 1660 yuan of loan even nowadays.
After the accident, in relief gentleman thinks new car has quality problem, contacted manufacturer and 4S inn, requirement manufacturer and 4S inn contact tripartite appraisal, offer compensation. "The issue is sharp in the past a month, but at present manufacturer and 4S inn still did not give provenance manage plan, I return a car to borrow even at the same time, feel very helpless " .
On fire reason yets to be investigated
Manufacturer says follow-up, 4S inn expresses to require identification
Is the condition that in relief gentleman reflects belonged to solid? The car is protected character period inside spontaneous combustion, how does responsibility distinguish? Personnel of customer service of auspicious car government is responded to, had received the problem that party reflects, at present the staff member has been checked in follow-up, but specific progress did not disclose.
Sale square -- , annals develops 4S inn on far auspicious car one name forest surnames sale chief inspector to respond to, in relief gentleman will shift a car in this inn last year in September, drove this year in April be in in road on fire of Yunnan native place, after the accident, 4S inn and manufacturer are handled in active follow-up all the time. Because accident ground is outer,save, countrywide couplet keeps car, the service station that Yunnan place trusted when auspicious plant property handles this matter. After the accident, manufacturer expedites a few technologists to have identification instantly, dan Yangxian is unripe with auspicious oneself give oneself appraisal, the result did not refuse for legal effectiveness.
This chief says, 51 before, this world survives to ever was communicated face to face to this inn first, in relief gentleman of affirmatory at that time assistance looks for 4S inn orgnaization of tripartite appraisal. Because cannot decide car spontaneous combustion is quality problem or other and exterior factitious reason after all before appraisal, need fee of pay for sb and expect to be repaid later of its go ahead of the rest, mr Danyang mirrors appraisal cost to need 339 yuan, cost is too high, 51 hind haul accident car to Zhuhai from Yunnan, block up in this inn doorway, affected an enterprise to be managed normally, the enterprise is helpless call the police to just tow away the car.
This chief says, current, 4S inn contacts a Consumer's Committee actively already to intervene, the plan asks spontaneous combustion of on fire of car of appraisal of tripartite orgnaization is quality problem, produce collision, exist possibly still impose the condition such as outfit, if appraisal is quality problem, the regular meeting compensate that this compensate pays pays.
This personage expresses, present focus is who pays fee of tripartite appraisal first, 4S inn is following car manufacturer to communicate, had made an appointment with a client to talk things over again afternoon, strive for by manufacturer pay for sb and expect to be repaid later one share charge, client individual pay for sb and expect to be repaid later one part. Wait for appraisal result to come out, handle according to actual appraisal result again, if be quality problem, responsibility is manufacturer is assumed for certain, if be exterior element,bring about, appraisal charge needs to be assumed by client proper motion.
With case general law
In the car increasingly all-pervading today, the issue that poses because of problem of mass of vehicle is not rarely seen, how does consumer do ability to safeguard the legitimate rights and interests of good oneself? Two case that Zhuhai town court of justice adjudicates were offerred to consumer draw lessons from.
A new Che Gang buys court of spontaneous combustion of a month to adjudicate compensate car advocate 350 thousand
In April 2013, live in Zhuhai sweet continent citizen Mr He from Zhuhai inn of some brand 4S bought a car, total amount 350 thousand yuan. Undertook maintaining in this inn on April 19, maintain " repair a project " one column makes clear: "The station controls in the examination left and calorific, add adiabatic face to handle " . Mr He ever had put forward to transfer at that time, but 4S inn adds processing of face of outfit heat insolation finally for its only.
Court decision of forensic final judgment shows, finish maintain before long on April 27, mr He drives car comes sweet the spontaneous combustion when doorway of elementary school of mountain of north of continent area Gongbei, the car is marred serious. Damage car is procrastinated to place two years to 4S inn subsequently, till May 2015, car advocate Mr He and 4S inn, one steam - car of personnel counterproposal experience undertakes detecting related people corporation. 4S inn issued transaction of an accident conclusion to say: Did not discover car quality problem, after conjectural lighter falls into seat slideway, the person that drive adjusts seat sparks all round lighter ignition interior trim on fire, offerred debris of a lighter on the court.
Cognizance of forensic first instance is maintained, case experience car because fire damage is serious, put office of park 4S shop to already amounted to two years, and each party all does not apply for to have identification to fire cause, reason of on fire of car of reason case experience cannot confirm through appraisal. Spontaneous combustion of car of experience of forensic cognizance case fastens product quality blemish to bring about, adjudicate 4S inn and manufacturer compensation consumer buy car loss 350 thousand yuan.
Issue to 4S inn detect by manufacturer proper motion makes accident conclusion transaction, the court adopted the counterplea of Mr He, did not grant to approbate. After first instance adjudicates, 4S inn refuses to obey mention appeal, but court of Zhuhai city intermediate people is rejected, maintain original judgement.
Evidence of the spontaneous combustion after B car buys two years is not worth a car advocate out of court of claim for compensation
Case of claim for compensation of another car spontaneous combustion happened on July 14, 2012, the place of a car that some enterprise buys Zhuhai is in Dongguan city one sanitation produces spontaneous combustion when station doorway, car damage discards as useless badly.
On the court, the enterprise oppugns the car of spontaneous combustion to was bought in June 2010, in using a process normally in July 2012, be not factitious reason to bring about burn down of car on fire, the department is put in quality problem be caused by because of this car oneself, to manufacturer and loss of car of 4S inn claim for compensation 116 thousand yuan reach 2400 yuan to stop fare.
But manufacturer represents, accuser did not refer evidence to prove on fire is caused because of blemish of car existence quality, issued proof can prove fire department only damage car has produced fire, because product quality place is caused,cannot proving is. And accident car department is rented manage with the car, exceeded protect character period, in use process, accuser existence proper motion is added assemble the case that changes his costume or dress to did not undertake maintenance according to user manual, here the circumstance falls, although go out,showed quality issue, also cannot assume quality to assure by generator responsibility.
Zhuhai city is sweet cognizance of continent district court thinks, in this case, accuser causes car on fire with blemish of quality of existence of experience case car and suffer serious damage for, requirement the accused assumes loss liability to pay compensation, ought to blemish of quality of existence of itself of quote proof car. But in the cognizance process in this case, accuser submitted the evidence that can prove its buy experience case car and this car to suffer the fact such as attaint because of on fire only, not quote proves because the quality blemish of car oneself is caused,the reason of this car on fire is, reject the litigant request of accuser so.
Lawyer argument
Seek orgnaization appraisal
Holds whose quote
New car is protected character period inside spontaneous combustion, how does responsibility distinguish? Who does appraisal expend to be assumed first? The country believes Lin Shuquan of solicitor of office of the attorney that believe raise to express, the reason of car spontaneous combustion is very much, the key of this case is to affirm the reason of spontaneous combustion is problem of car itself quality or other reason, this needs the appraisal of tripartite orgnaization that both sides approbates. With respect to appraisal and compensatory problem, in relief gentleman can negotiate processing with inn of manufacturer, 4S, if cannot talk things over,agree, party can adopt legal approach lawfully thought fors the time being, but set according to law, "Holds whose quote " .
Interview and write: South reporter Yang Liang
