"Run quickly woman's bicycle advocate complain tearfully thought fors the time being " incident is reached finally reconcile
But one big changes his costume or dress car, face-lifting car
Accident car, maintenance car. . . . . . Car advocate on the road that hurrying off to dimension authority
" consumer rights and interests protects a law " the 55th
Stipulated to the 3 times penalty of operator the gender is compensated for clearly
This period small make up support 3 times compensation finally from the court
And did not support 3 times compensation two angle
Arranged relevant judgment regulation
Discuss a court to be opposite compensate and not the standard reducing an amount of compensate
1. car dealer safeguards the flaw follow-up of limits to maintain behavior to did not fulfill those who tell obligation to exceeding the car before carry out, belong to conceal true condition intentionally, form consumption con -- Deng Meihua accuses car of Shanghai Yong Daxin Yue sells record of dispute of contract of business of service limited company
This case argument: Car dealer gives to flaw of exterior of the bumper after car " tear open outfit hind to protect, hind protect entire in season " the limits that detects with PDI quality is safeguarded normally before maintenance exceeded car to make work, agency did not fulfill those who tell obligation to this, encroached the authority of know the inside story of consumer, option, make its are immersed in wrong understanding, and enough affects customer buy the intention of car, belong to conceal true condition intentionally, form consumption con. When consumer needs to buy a car to produce con issue because of domesticity consumption, should applicable consumer rights and interests protects a law seek redress loss, agency agree carries car the castigatory sex of 3 times money paid for something purchased or received for something sold liability to pay compensation.
Cognizance court: Shanghai court of the first intermediate people
2. car dealer car low in deserving to change his costume or dress, deserve to sell, form consumption con -- Mr Yao appeals to the desk of business contract dispute such as A company
This case argument: " truckload sale contract " although was opposite,car configuration has concrete agreement, but buyers and sellers all approbates car to configure in ought to be, match, and the car of real pay is fastened by low deserve to the car changes his costume or dress and be become, should maintain form consumption con, consumer is OK according to " consumer rights and interests protects a law " relevant provision, remove the contract asks to bear loss of 3 times compensation.
Cognizance court: The 3rd intermediate people of Chongqing city court
The blame that 3. car dealer detects not strictly and brings about sale car to be component be changinged is installed formerly " new car " of pay customer form con -- Xie Mou appeals to desk of dispute of contract of business of wide edge company, Cheng Chi company
This case argument: Regard direct provider as tasted operator, ought to fulfill replenish onr's stock to check obligation. Although operator had regular visual examination, but did not undertake detecting strictly, will by illicit the blame that has traded main component is installed formerly " new car " of pay customer, the fairness that encroached consumer trades authority and authority of know the inside story, form con, should according to the money that buy a car 3 times recoup a loss to consumer.
Cognizance court: The 4th intermediate people of Chongqing city court
The car that 4. car distributors sells this muster to answer is formed con -- Yu Bingyan accuses Chongqing is long bright and beautiful desk of dispute of company business contract
This case argument: Include to be concealed intentionally false true condition and impart false information intentionally two kinds of circumstances, former it is inactive as, latter is active as. The person that the car is sold has the obligation that car recall pertinent information tells customer, but fulfill not actively however, belong to conceal true condition intentionally. The person that consumer also is based on this kind of wrong understanding and sale just about signs a car to buy a contract, the person that reason is sold makes con conduct. Although sell person automobile safety hidden danger was eliminated after carry out, but cannot deny foregoing fraudulent action. Rights and interests of according to consumer protects the regulation of the law, consumer has authority to win the compensation of 3 times money paid for something purchased or received for something sold.
Cognizance court: The first intermediate people of Chongqing city court
5. car dealer sells accident car when new car form con, should offer consumer 3 times compensation -- A Jun appeals to gallop desk of dispute of company business contract
This case argument: Car dealer will produced an accident and be sold customer when new car by the car that maintenance passes, violated right of consumer know the inside story, its behavior is formed con, consumer is 3 times more tenable castigatory sex compensation.
Cognizance court: Court of intermediate people of city of Fujian Province Xiamen
6. agency regards face-lifting car as new car sells attribute trade fraudulent action, should be returned to consumer and compensate for 3 times the money that buy a car -- Zhang Jinwei tells 3 bright letters dispute of contract of business of limited company of service of sale of Da Tongbao car
This case argument: What new car points to is brand-new, use without passing, the car that maintains without passing, the car that face of course part lacquer new spray renovates regards as new car sale, attribute trade fraudulent action, operator provider is tasted or the service has fraudulent action, need to return the money that buy a car to consumer, compensate for additionally 3 times the money that buy a car.
Cognizance court: The Fujian Province court of intermediate people of 3 bright city
7. car dealer is concealed sell information before know the inside story of consumer of serious enroach on counterpoises, consumer is tenable " retreat one compensate 3 " -- Mr Liu accuses steam sells record of dispute of company business contract
This case argument: Car distributors sale has opened bill, had bought the safe, car that has gone up to face the news such as the card, although this car is not practical the consign that finish, was not used, but enough buys a car to decide to produce major effect to consumer. With respect to existence information in consumer and car distributors itself the circumstance of serious asymmetry falls, steam sells company behoove to have all news of experience case car announcing, the action that its did not announce in the round damaged authority of consumer know the inside story and option, form con, consumer can advocate " retreat one compensate 3 " .
Cognizance court: Shanghai court of the first intermediate people
The person that 8. is sold conceals information to did not form materiality revulsive do not form con, do not bring into castigatory sex to compensate for limits -- Chai Jianghai appeals to desk of dispute of contract of business of Ning Xing company
This case argument: Castigatory sex compensates for the behavior with all and improper person that do not be aimed at a sale, those who be aimed at is extreme of the person that sell unjustifiable, the behavior of rights and interests of enroach on consumer, the range that reason penalty sex compensates for shoulds not be too broad, cannot the limits that the person that sell all misfeasance all bring into castigatory sex to compensate for. The basis makes important document false, not certain operator tells each other intentionally false circumstance, conceal true condition intentionally perhaps to be formed con, the meaning that because this makes a mistake,still needs customer expresses, if reason is done not have between the information that operator hides and consumer preference inevitable causal, operator is not formed con. Gear-box already was accepted to had been changed when consumer buys car, and travel passes the fact of certain course, the person that sell conceals condition of car of go back of problem of other dissatisfaction gear-box to be not formed con, do not bring into castigatory sex to compensate for limits.
9. is based on PDI program to check and change car module, agency informs not clearly, damage authority of consumer know the inside story, but do not form consumption con, sex of not applicable penalty is compensated for -- desk of dispute of contract of business of limited company of Huang Mou hall and service of sale of car of Wen Zhou XLH
This case argument: The foundation is current inside the industry normally acknowledge, produce the demand of manufacturer according to the car, undertake PDI is operated, use former plant fittings to give change the behavior of fittings, its property is equal to produce manufacturer to produce the action in rigging a process in the car at the car, the car after the operation belongs to new car. Operator informs consumer not actively to be based on PDI to the program is checked and change car module is relevant of information, the know the inside story that harms consumer counterpoises, but its do not have the subjective ill will that conceals intentionally, reason does not form consumption con, sex of not applicable penalty is compensated for.
[case reviews analyse]
In commodity and service trade in the process, produce the problem that information asymmetry exists between operator and consumer, normally buyer makes work to bargainor place the function of commodity, quality can not understand completely, manufacturing operator is opposite at consumer relatively the accept person that the understanding deepness of trading commodity or offerred service and range should excel purchaser far or serves. Trade the asymmetry of bilateral information can be caused probably show the case that loses fairness, have the just and sound that breaks a society. Accordingly, trade for protection the weak in the relation, " consumer rights and interests protects a law " the 8th the first section provision " consumer enjoys know its are bought, the right of the true condition of the service that use commodity perhaps accepts " , but the limits that consumer know the inside story counterpoises did not make clear a regulation. Generally speaking, the person that the information that operator should impart to consumer should belong to meeting offset to expend buys choice goods or the service produces the information of the influence.
Whether does authority get in the know the inside story of cognizance consumer when enroach on, whether can meet with pertinent information the consumption that affects average consumer chooses to be a basis. In this case, gear lever crack discovers after XLH company undertakes to experience case car PDI program is checked and changed gear-box controls module, but XLH company did not tell this circumstance intimate friend hall of easy relatively square Huang Mou. Change gear-box control module needs the circumjacent component gear lever to be demolished entirely again reshipment, according to the cognitive ability of average consumer and consumptive psychology, this changes the consumptive choice that information can affect customer, accordingly this information should belong to the limits that consumer know the inside story counterpoises, XLH company did not inform this fact clearly to damage the know the inside story of consumer to counterpoise to Huang Mou hall.
The behavior of con consumer is in showing operator is offerring commodity to perhaps serve, take customer of deceit of false other perhaps shocking measure, misdirect, the behavior that makes the legitimate rights and interests of consumer is damaged. " top people court carries out about carrying out < general rule of civil code of People's Republic of China > the opinion of a certain number of problems (try out) " the 68th regulation: "One party party tells each other intentionally false circumstance, conceal true condition intentionally perhaps, prevail on the opposing party makes wrong meaning denotive, can maintain for fraudulent action. Can maintain for fraudulent action..
The fraudulent action of operator is in subjective on must have ill will, be based on fraudulent action to make consumer produces wrong acknowledge to make wrong consumption choose then namely; Going up objectively must carry out tell each other the false circumstance, action that hides true condition. In this case, although XLH company did not make clear the fact that tells gear-box of Huang Mou hall to control module to change, but XLH company is a basis at present inside the industry normally acknowledge, produce the demand of manufacturer according to the car, undertake PDI is operated, use former plant fittings to give change fittings, input relevant operation the global system of road tiger car, from this knowable, XLH company does not have the subjective ill will that conceals intentionally, accordingly its behavior is not formed con.
10. consumer should dealer of car of sufficient quote proof has fraudulent action ability to ask " 3 times " compensation -- bang arms appeals to hill of company of Feng Douhong Xin, Fu desk of dispute of contract of business of Mei Lin company
This case argument: Car dealer ought to be lifted show sufficient evidence to prove a carry out car problem of nonexistent before the sale quality, ought to assume corresponding and civil responsibility otherwise. Consumer ought to be lifted show sufficient evidence to prove operator has fraudulent action, ability asks " 3 times " compensation.
Cognizance court: Chongqing city fills up court of river county people
