Red star news on May 16 message, by 2018, mr Li that lives in Hunan Changsha filled two handcart to buy all right from car of dragon of Changsha county Hunan secondhand BMW. Did not pass how long, mr Li discovers this car is adjusted to pass number of course of development unexpectedly, reduced nearly 100 thousand kilometer. this two handcart tell local court all right under Mr Li stretch, car of forensic terminal decision is not formed all right con. Mr Li indissolubles very.
Buy secondhand BMW, discover number of course of development is revised
On November 26, 2018, mr Li is in Hunan Changsha south cars of two dragon of Hunan of county of handcart market Changsha fill two handcart to cost 180 thousand yuan to buy to left factory 2008 all right, the BMW X5 of the card on January 2009 is secondhand car, the number of course of development that this car shows at that time is 131800 kilometers.
Article chart all is the contract that buy a car graph of red star news
"When buying a car actually more than flower 180 thousand, pay actually 190 thousand more than 1000 yuan 4. Head pay 70 thousand, the member borrow money that the car introduces all right is used " contract of yin and yang " borrowed more 10 thousand more than 1000 yuan 4, loan without my hand, call car travel account directly. " Mr Li tells red star news.
Buy before long, mr Li discovers the car is shaking strongly from time to tome quickly phenomenon. The car goes the staff member says to him, this car idle time is too long, it is normal that many period of time is met. Driving normally however several in the future, mr Li discovers this circumstance did not get ameliorative.
On December 23, mr Li sends this car toward 4S inn to undertake checking. Maintenance log shows 4S inn, this car counts variation at producing course 2015. According to judgment, came on January 15, 2015 during October 10, 2015, the number of course of development of experience case car produces unusual change (by 228378 kilometers change is 128551 kilometers) , "If serve as parameter with changing annual average course before course of development 6 years, 4S inn the staff member is computative, this car already ran at least 370 thousand kilometer. This car already ran at least 370 thousand kilometer..
4S inn checks a result
And go up in the contract that buy a car, hunan dragon car fills two handcart to go at compensatory agreement the 2nd li of clear specification: "Make sure car does not have the grave accident, water that do not have bubble, count 131800 kilometers without kilometer of baked wheaten cake, course of development. " " is this con? " Mr Li feels Che Hangming knows number of this car course of development to had made motion, did not inform true condition however, still write down the acceptance that nots agree with completely with actual condition in the contract even. Then, he filled Hunan dragon car two handcart to tell court of people of county of Hunan Province Changsha all right.
Appeal to for the most part beg a court to all do not give support
Mr Li asks, hunan dragon car fills the contract buying a car with two handcart original cancel, return oneself the 180 thousand yuan money that buy a car, increase 3 times compensation 540 thousand; In addition Hunan dragon car fills two handcart to still should compensate for him insurance loss expenses, maintain the cost such as cost is total 28112 yuan; This case legal cost fills two handcart to be assumed all right by car of dragon of the accused Hunan.
Judgment original
Court of people of county of Changsha of by Hunan Province tries a court decision, the much of Mr Li appeals to beg, the court all does not give support. Nevertheless the court asks, hunan dragon car fills two handcart to go within 10 days of adjudicative become effective, loss of compensatory plum gentleman 20000 yuan.
According to judgment, court the argument that makes this court decision is: Two handcart are in trade in the process produce issue extremely easily, show course of development to count abhorrent problem with number of real course of development and watch especially relatively common, whether can maintain to this kind of circumstance con, cannot treat as the same, whether ought to exist from operator subjective and intended, whether to exceed average consumer psychology to bear limits, whether to involve consumer person safety or materiality property right to undertake in order to wait for many sided deciding.
Judgment original
About " whether to exist subjective and intended " , did the court do: of the following specification in judgment? Breed of of ⒍ of goody stool enemy apricot?018 year from Changsha county Hunan with 185000 yuan price Long Zhuo jumped over department of two handcart travel to buy appeal to contend for car. But the time that Mr Li discovers to number of course of development of experience case car produces change was 2015, produce the time judgement of unusual change according to amount of car price difference and number of car course of development, hunan dragon car fills two handcart travel is subjective on circumstance of nonexistent make a false report conceals true condition intentionally perhaps.
Nevertheless, the court also points out in judgment: Hunan dragon car fills two handcart to should be originally all right before car consign the pertinent information that imparts Mr Li car with type of directer, more specific place, to the know the inside story of consumer authority produced the effect of certain level.
On May 16, the person that Hunan dragon car fills camp of two handcart go by of Mr Li wife, the accused Ms. Liu that also is this lawsuit at the same time tells red star news, when they jump over two handcart to buy this car all right from eminent of dragon of Changsha county Hunan, do not know number of car course of development has had change really. After this, she leaks any information that concern with this incident no longer.
Final court decides, hunan dragon car fills two handcart to be not formed all right con, retreat one compensate to what Mr Li asks so of 3 appeal to beg, the court does not grant to support.
As to why be being returned finally is reparations of requirement car travel 20 thousand yuan, the explanation on judgment is: Integrated the fundamental condition of this case, consider what exist generally process of loan of two handcart business is medium at the same time collect fees the problem with ambiguous project, car of dragon of cognizance Hunan of this academy take into consideration the circumstances fills two handcart to compensate for a loss to add up to all right 20 thousand yuan.
Forensic proposal: Vehicle case is investigated oneself when consumer buys a car, avoid issue
Mr Li is quite dissatisfactory to adjudicating a result. The court writes in judgment: Consumer should examine car assembly to wear away seriously when buy, change circumstance, or it is to pass platform of 4S inn, tripartite to inquire car maintains, the record that stays when maintenance, newspaper is safe, also can ask professional to undertake detecting affirming the real course of development of car is counted when necessary, avoid to produce issue. "If consumer does not have the ability, occasional when doing not have person go accomplishing without energy check oneself, is the issue that produces accordingly about avowed and hapless? " Mr Li says.
On May 16, red star news covered court of people of county of Hunan Province Changsha relevant staff member, the ability after she expresses to need to sign up for equipment to upper section replies.
(primary problem is " buy secondhand BMW discovers course of development counts court be reducinged to decide the car is not formed all right con " )
