The Hefei constant of road of north of city of Yu Meng of Ms. Chen v/arc be on the throne believes clear and coherent car to sell service limited company (the following abbreviation " Hefei constant letter is clear and coherent " ) buy a Biekeangkewei car. Carry the surprisingly discovery after the car, inside new car unexpectedly receipt of Zhang Weixiu of know exactly about sth. Examine minutely under just be informed, car reachs bonnet because of having nick before consign slight be out of shape and be maintained; Gentleman of the first month believes Xing Kai car to sell service limited company in Anhui constant (the following abbreviation " constant Xin Xingkai " ) the Kaidilake that order car, the evidence that also discovers automobile body has spray paint 2 times to handle... recently, court of in relief district of Hefei city cottage heard case of dispute of contract of business of car of rise from all directions.
Whether should the case that there is maintenance before car consign tell customer actively? The reporter notices, to this one problem, more than ground of one is assured and bold with justice represents shop of a 4S, the maintenance before carry out and change not to exceed truckload the price 5% , need not tell customer, this action is belonged to " guild regulations " . Consumer thinks, this action violated the right of know the inside story of consumer, form con.
■ case 1
Discover to before maintaining odd original carry out, ever was maintained inside the car
The businessman says, PDI repair rate not overtake price 5% telling customer is " guild regulations "
On June 11, 2017, the constant that Ms. Chen will come to to be located in cottage in relief area to cover city north region believes inn of 4S of clear and coherent car, order a total prices to be 180 thousand multivariate Bie Keang division power car. After 5 days, ms. Chen will to car 4S inn shift a car, car odograph shows course of development of this car travel is 7 kilometers. That day afternoon, when she is undertaking decorate for new car, discover 2 pieces surprisingly to there is maintenance sheet inside the car, maintenance sends makings sheet 1 piece.
Ms. Chen introduces, according to these receipts, be in early on April 22, 2017, course of development of this car travel already amounted to 50 kilometers. In addition, that day, this car still undertook right front door, right before leaf board, right back a car lens spray paint; Change right before tracery; The maintenance of roof. On May 12, 2017, this car was changed again bonnet.
After discovering a problem, ms. Chen immediately seeks 4S inn negotiation. 4S inn expresses, can trade a vehicle afresh for her, but Ms. Chen cannot be accepted to this. Ms. Chen thinks, 4S inn this action attributes fraudulent action, protect a law according to consumer rights and interests, operator should " retreat one compensate 3 " .
"Right before door is local paint heavy panel, spray paint of gold of possible presence Ban is handled, suspect this car has produced collision before this, the likelihood is accident car. " Ms. Chen thinks, hefei constant letter is clear and coherent in the process that fulfilling a contract, ill will hides the fact that car course maintains for many times, distort car odograph, violated the principle that sincere letter manages, encroached accuser to regard the know the inside story of consumer as authority, form con.
Because talk things over for many times not if really, ms. Chen one paper indictment believes Hefei constant clear and coherent tell a court, the request sentences your the accused to return still buy vehicle fund 180900 yuan, compensate for 180900 yuan.
About the problem that the kilometer counts, in front courtyard careful, hefei constant letter is clear and coherent rejoin say, because hand in the work program before the car not to involve the collection of charge, the conveniently when agency staff opens a bill filled in chronically " 50 kilometers " , accordingly, the number that the receipt shows is not the number of real course of development of odograph. Still issue proof: about the expert? Odograph of car of? of border of collect of instrument of calumniate Zu bell cannot undertake adjustment. Former defendant both sides ever still went inn of tripartite 4S undertakes with respect to the kilometer number of car the spot checks, the result also shows nonexistent change the condition that the kilometer figures, in addition, "Although experience case car is when consign already travel 50 kilometers, also accord with industry new car sell range. Also accord with industry new car sell range..
"Employee works according to formalities, car maintains sheet to put is to facilitate other employee understands a situation on board, but, maintaining sheet do not need a client. " Hefei constant letter is clear and coherent say, experience case car is nonexistent also the status that maintains twice. On April 22, 2017, this company tests according to in-house commodity car flow, when right censored, discover experience case car has nick and bonnet slight be out of shape, what then from former plant library tone requires a replacement, on May 12, 2017 experience case car one-time repair change.
"This belongs to the work program of new car PDI, whether should active legal laws and regulations inform consumer to did not set to PDI, but according to industry usual practice, the PDI operation that has to experience case car does not belong to the category that consumer know the inside story counterpoises. " Hefei constant letter is clear and coherent say, PDI is the examination before agency uses the carry out that car new car undertakes to multiplying, open society according to steam wagon flow " serve by the examination before with the car new car makes work how-to (try out) " (next abbreviation " how-to " ) , repair rate achieves new car to buy the 5% above of valence to need to be informed to consumer, and 3.3% what this record repair rate occupies new car to buy price only, do not belong to announcement content.
To this, accuser just thinks, the accused did not offer PDI to detect watch, also did not inform PDI to detect to consumer the content of the watch. "Before consign car, did not inform car to had had the fact of maintenance, the know the inside story that encroached consumer counterpoises, form con. Form con..
The reporter understands, court of this case classics is mediated, both sides came to an agreement recently, by the accused square one-time pay accuser 50 thousand yuan of compensation.
■ case 2
New car has the trace that make paint to appeal to to forensic claim for compensation 990 thousand
Businessman: ? Bi Nayue of of Da of island of Ke of beautiful of of of barren Bi cowardly?
Forensic: ? Qin of Chou of Hui of Xian of ぞ of Mou of colour Ji?
On July 27, 2017, the constant that the first month reachs the designated position to cover city north region at Hefei city natively first believes Xing Kai, the Kaidilake that order car, car price 330000 yuan, do sth for sb the service expends 4000 yuan, on card service expends 1500 yuan, automobile articles for use increases outfit cost 5000 yuan. After the contract is signed, gentleman of the first month pays deposit 10000 yuan.
After 3 days, the car is shifted after gentleman of the first month pays total money. On August 4, 2017, gentleman of the first month plans to clean brilliant of the plating after car. When washing a car, the staff member tells him, car right back door has the case that makes lacquer and polishing face-lifting.
Gentleman of the first month calls sale adviser at once, although the staff member agrees with 4S inn " this car is to had made paint " this one view, but denying is 4S inn place is. Ever since, classics for many times bargaining, constant believes Xing Kai to did not make clear answer from beginning to end. Later, gentleman of the first month renovates a circumstance to superintend place and quality technology to supervise management board to mirror to market of area under administration with respect to car existence, but the problem also did not get appropriate is solved.
Gentleman of the first month thinks, the traffic that constant believes Xing Kai to renovate existence the circumstance regards as new car sells he belongs to fraudulent action, answer to assume corresponding responsibility lawfully. Subsequently, gentleman of the first month believes constant Xing Kai to tell a court, contract of buying and selling of requirement cancel car, constant believes Xing Kai to return its to buy car fare, press compensation of 3 times the money that buy a car its are 990 thousand yuan.
In front courtyard careful, gentleman of the first month referred to serve an orgnaization by check car -- " check car is helped " check car result, right back door of car of evidence experience case ever did the fact of lacquer.
To this, triumphant argue weighs Heng Xinxing, "Check car is helped " the appraisal orgnaization that is not major, it is accuser home remedy is entrusted. In addition, on check car information examine time is " 2017.8.6 " , accuser shifts a car was on July 30, 2017, cannot remove the condition that after accuser shifts a car, maintains.
Constant believes Xing Kai to say, whether does case car have experience 2 times to make paint, need professional undertakes survey produce the expected result detects, although be put in the conduct that makes paint 2 times, also be not their place to be. "Before making a car, we undertake whole journey monitoring, arrive to inn from car consign, stop in company gate all the time on the right side of stop a garage, receive accuser complain, the platoon of each node one by one before we make a car to experience case car instantly is checked, eliminated the possibility of the rehabilitate before to experience case car makes work. Eliminated the possibility of the rehabilitate before to experience case car makes work..
Constant believes Xing Kai to still express, the trade that according to the car current association releases is normative, although experience case car is put in 2 spray paint before carry out, in light of the scale that takes money of car total prices with respect to the area of spray paint and repair rate, the person that all do not accord with a sale should tell state actively to consumer. The appeal of accuser does not have factual basis, the request rejects accuser appeal.
Constant Xin Xingkai still referred car of an experience case 2 times spray paint photograph, say, "Trace of 2 spray paint is apparent, processing is coarse, clumsy, craft of inn of impossible out 4S. Craft of inn of impossible out 4S..
To this, accuser just thinks, it is clumsy that experience case car makes paint the subjective judgement that is the accused, whether the craft of inn of 4S of out the accused has nothing to do with this case, the accused is in completely likely other make paint anyplace.
The video of monitoring of whole journey of experience case car that to constant Xin Xingkai refers, accuser also just expresses to disagree, "On July 26, 2017 morning at 9 o'clock, experience case car did not see from the video that comes down on board car greatly, undertake to the car without reflective the accused content sheds the examination before arrival examination and sale in video.
Forensic cognizance thinks, party requests the fact of a basis to should offer evidence to try to prove to its lawsuit, in this case, the basis that gentleman of the first month thinks the other side is put in fraudulent action is staff member of detachment of check of supervisory bureau of technology of Hefei city quality the investigation that to constant Fan Mou of Xin Xingkai's legal representative makes notes reach " check car is helped " check car result is printed.
Via examining, investigation notes indemonstrable the accused has the conduct that makes paint 2 times to experience case car. Department of result of car of check of check car side is printed, without other evidence evidence, the court does not grant to collect a letter to this evidence. Because evidence is insufficient, forensic first instance adjudicates, reject request of lawsuit of gentleman of the first month. Li Houxiang of reporter of Hefei of ZAKER of Hefei evening paper
■ case 3
Frequency of the breakdown that start sends 4S parlor entire section to remove a car
On August 26, 2017, mr Zhao bought a driving force of revolution in east of Heng Xinde dragon this cropland U-RV. Mr Zhao bought a car to spend 329800 yuan, still handed in brushstroke car PDI to detect additionally expend 220 yuan.
After two days, mr Zhao discovers when the car that start the car does not have reaction. Mr Zhao thinks formerly is the abiogenesis phenomenon that new car appears, but subsequently this breakdown happens often. Of the same age in September, mr Zhao seeks advice from Hefei constant to believe company of heart dragon east with respect to this breakdown phone. Carry out is rear the requirement detects to inn.
Of the same age on September 21, on November 1, on November 5, after Mr Zhao repairs car for many times, breakdown appears often as before. Do not have method, mr Zhao can pass company of phone and east of Heng Xinde dragon to communicate again only, but the other side weighs inextricability breakdown, "Wait for reflect this problem to manufacturer, think method is solved again. " however, mr Zhao waited again, this company can not give Mr Zhao answer from beginning to end.
Of the same age on December 10, mr Zhao dials east wind breakdown issue is involved since report of the call after this cropland makes work buys a car. The personnel after carry out is informed but before go inn of a 4S undertakes maintaining. The opinion that Mr Zhao gives out according to manufacturer, still did not repair good through be being maintained for many times. Send up to the last time long, mr Zhao cost 4 time, car travel 8229 kilometers. And those who repair time to be as high as 2 many months is long.
To safeguard oneself legitimate rights and interests, mr Zhao believes Hefei constant company of heart dragon east to appeal to to the court, the demand replaces a new car, undertake economy is compensated for at the same time.
Classics court is mediated after, both sides comes to an agreement. Mr Zhao on April 10, 2018 before experience case car (include 3 packets of card of the bill, certificate that register, travel, manual, manual, key to wait twice relevant article) complete consign Hefei company of east of Heng Xinde dragon. Company of east of dragon of heart of Hefei constant letter is reached in the car that gets Mr Zhao to buy Mr Zhao refund gives 329800 yuan inside 5 weekday after correlate is tasted.
■ case 4
4S inn claims to be not affected use need not inform so
Introduced from the northern and western nationalities or from abroad lady believed heart Long Meihua to buy car of Ford card white through mortgaged means in constant on December 7, 2017, money of contract total prices is 201600 yuan. Heng Xinde Long Meihua delivered to car introduced from the northern and western nationalities or from abroad lady on December 14, 2017.
Introduced from the northern and western nationalities or from abroad on December 18 lady gives car to make car soundproof time in shop of dress of a car, after opening door, discover gold of the Ban inside door has the mark that much place solders, so much just can appear to be in solder contact after spot staff member says this car passes serious collision only. After introduced from the northern and western nationalities or from abroad lady knows this condition very furious, immediately and Long Meihua of constant letter heart contact a requirement to settle this matter.
Introduced from the northern and western nationalities or from abroad on December 19 lady drives car Heng Xinde Long Meihua. Via 4S inn the staff member is examined affirm car has been maintained really, and also new in season goes up the paint on this door, but the other side claims however these do not affect introduced from the northern and western nationalities or from abroad lady to use, just agree to undertake changing to door.
The much branch such as backward and industrial and commercial bureau mirrors introduced from the northern and western nationalities or from abroad lady, but 4S inn does not offer reasonable solution all the time. Subsequently,
Via forensic mediation, long Meihua of constant letter heart on March 26, 2018 before one-time pay introduced from the northern and western nationalities or from abroad lady to compensate a paragraph 50000 yuan.
● lawyer:
The businessman does not inform maintenance fact to violate right of consumer know the inside story
If did not tell the fact that is maintained before customer traffic consign, so, is con, assume corresponding responsibility? To this, hou Peng of solicitor of office of attorney of Anhui badge trade expresses, authority of know the inside story is " consumer rights and interests protects a law " gift clearly one of 9 rights of consumer, if product itself is imperfect, operator has the obligation that tells customer ahead of schedule.
Businessman because of guild regulations argue says to need not tell customer, hou Peng thinks, this one view is have not a leg to stand on. "The view of agency does not have legal basis, if follow existing laws and regulations to conflict, guild regulations is invalid. " Hou Peng says, if consumer is bought, is new car, have maintenance log however, the businessman should be informed according to the facts, be suspected of likely otherwise con, consumer can hold corresponding right. (Article of Han Ting of reporter Li Houxiang / graph)
