[details of a case]
In June 2016, sand is such-and-such to Shaanxi company of some car sale books Feng Tian to jump over wild car, total prices 540 thousand yuan. Be in paid of entire section that day, some dealt with car sale company and Sha Mou car hands over formalities, sand is such-and-such have sex in new car sign on sheet, affirm car quality, exterior is flawless. In using car process, some discovers Sha Mou, this car was protected at was being cast on January 18, 2016 make strong narrow pass, come from January 19, 2016 between insurance period on April 26, 2016, insurant is Lei Mou some. This car is returned with Lei Mou name of a certain person has been dealt with temporarily license plate, tyre hub changes by 245/75R17 model for 285/60R18, the bumper before this car is left filling Qi Weixiu has undertaken on the right side of the bumper after reaching. Some appeals to Sha Mou to the court, the requirement retreats the compensation of car and section of 3 times car.
[difference]
A kind of opinion thinks, some pair of car undertook Sha Mou check check to close, signed new car to hand over sheet, show its approbate experience to tell the for sale state of car. Car sale company is regular sale, not be fraudulent action. And travel function and vendibility rose after car changes his costume or dress.
Another kind of opinion thinks, experience accuses car ever was sold, had dealt with hand in strong danger and temporarily license plate, and change to spend main part and pass filling Qi Weixiu, accordingly, this car already was not belonged to " new car " . The car sells a company to hide fact of this be related intentionally, its behavior is formed con, should applicable consumer rights and interests protects a law " retreat one compensate 3 " .
[review analyse]
Author approve of the 2nd kind of viewpoint.
Con consumer, in showing operator is offerring commodity to perhaps serve a process, take customer of deceit of false other perhaps shocking measure, misdirect, make the legitimate rights and interests of consumer is damaged, ought to be punished lawfully and assume the action of responsibility. The behavior that judges operator whether misdirect consumer should be mixed with the cognitive level of average consumer identify ability to be accurate. If this behavior enough makes average consumer produces misunderstanding, form namely con.
In this case, sand is such-and-such buy experience to appeal to car with its individual name, use at daily family life to use, accord with the definition of consumer, the protection that its add up to right beneficial to should be protected a law to wait by rights and interests of contract law, consumer. And the contract that establishs lawfully has legal sanction to party, party ought to follow honest credence principle, agree according to the contract exercise right, fulfil obligation. The sanded such-and-such purpose that buy a car is to buy a new car, dan Mou car sells the car early days that the company sells to its to already was sold to had been used, this car classify " new car " limits does not accord with general social acknowledge. Consumer buys a car to fasten big spending, need to mastering the foundation that buys car information adequately to go up to make consumption decide cautiously. To average consumer, what buy car to ever had been sold, pay passes car boat tax, had bought liaison man compulsive liability insurance, had dealt with temporarily license plate, had changed vehicle is main component, had had the news such as filling Qi Weixiu, already the decision that whether enough buys this car to its produces major effect. No matter whether afore-mentioned case affect the performance characteristics of this car, whether did or increase the inherent value of car, as master a carry out car adequately the car of complete information is sold square, accountability tell car news customer according to the facts, go up in the foundation of sufficient know the inside story by consumer, undertake choosing to consume independently. But car sale company is in when to Sha Mou some sells car, did not impart afore-mentioned important information about car according to the facts, disobeyed consumer rights and interests to protect a law the 20th regulation. This company this one action also is accorded with " behavior of rights and interests of enroach on consumer sanctions method " the 6th the 8th enumerated case, the amount that exaggerate namely or conceals offers goods to perhaps serve, quality, function information misdirect customer that has great interests with consumer.
Sha Mou although some undertook checking checking and accept to car when car has sex, sign new car to hand over sheet to affirm car is stainless, but new car hands over sheet is the exterior inside limit of observation of place of manpower naked eye only detect, detect to having major intellectual consumer, hard to avoid is put in careless omission. Law of protection of consumer rights and interests sets the 23rd times, wait for durable goods to buying motor vehicle, consumer is accepting commodity the flaw discovers inside 6 months, those who produce controversy, assume quote responsibility by product generator, operator. The car sells a company cannot quote flaw by sanded such-and-such be caused by, the agree carries the consequence that lose a lawsuit.
The behavior of car sale company disobeyed consumer rights and interests to protect a law the 20th regulation, already formed con. Law of protection of consumer rights and interests is fiftieth 5 regulations, 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 what serve expense for consumer. Company of this case car sale ought to return reason sand is such-and-such the money that buy a car, and with 3 times the money that buy a car increases the loss with compensatory such-and-such sand.
Fraudulent to consumption action is made " retreat one compensate 3 " court decision, legitimate to protecting consumer rights and interests, advocate sincere letter to manage, strengthen a society the sincere letter construction, market that maintains fairness to trade trades order is had lead an import significantly.
