Yesterday, laosilaisi distributors consumption is con one case adjudicates in 3 quadrangle final judgment, forensic cognizance distributors conceals car already travel the fact of 5000 kilometers, give customer its with new car sale, form consumption con, sentence consumer of 3 times compensation to buy vehicle fund more than yuan 1300. This edition picture / Liu Yang of reporter of new capital newspaper is photographed
Si Gusi of Lao Silai of car of ▼ experience case is special EWB car.
The court is maintained its travel the car of 5000 kilometers sells customer when new car, the compensate that be sentenced 3 times the money that buy a car gives customer
Ms. Gu bought a Laosilaisi new car discovers however is " two handcart " , then with con for will sell Cheng Tai of square Beijing bright and beautiful Lin the car sells limited company (company of Lin of abbreviation bright and beautiful) appeal to to the court, requirement 3 times compensation, ms. Gu is sentenced to lose a lawsuit in first instance.
Yesterday morning, beijing 3 quadrangle make final judgment adjudge to this case, cognizance distributors exists " consumption is con " , support Ms. Gu to ask, open those who gave more than yuan to be as high as 1300 " punish sheet " .
Laosilaisishi is new car out of court of first instance of old car claim for compensation
Just introduce according to accuser, on January 26, 2014, ms. Gu takes a fancy to a Laosilaisi in company of bright and beautiful Lin, decide to buy. Subsequently, ms. Gu and company of bright and beautiful Lin were signed " the car sells a contract " , with 5.2 million bought a Laosilaisigusite EWB car. Hind company of bright and beautiful Lin the bill that issued company of another heart spy to open to its, money paid for something purchased or received for something sold is many yuan 460.
Say to often be absent according to Ms. Gu home, reason Laosilaisi only the travel record of 1000 much kilometers. Till April 2015, breakdown of car meter system, ms. Gu sends car toward maintenance center then, be informed by the accident however, this vehicle-kilometer is counted had been adjusted artificially, by the regulation manufacturer will be assumed no longer keep long responsibility.
In July 2015, ms. Gu tells this sale company to the court, think in selling a process, its are put in fraudulent action, requirement cancel " the car sells a contract " , besides return 3 times compensation is sought even outside still buying vehicle fund.
In front courtyard careful, company of bright and beautiful Lin denies car existence is con, and countercharge says Ms. Gu still has money of nearly 3 million yuan of end outstanding. Court of first instance appeals to with what accuser evidence inadequacy rejected Ms. Gu beg, think Ms. Gu had paid 5.2 million buy what car section disallowed company of bright and beautiful Lin to appeal to beg. Both sides all appeals.
Fraudulent action establishs cognizance distributors of 2 careful court
In 2 careful, the court investigates discovery, experience case car by BMW (China) entrance of car trade limited company, regard the for private use of BMW China company as car originally, after using nearly 5000 kilometers, resale gives Beijing limited company of trade of heart spy car, latter gives bright and beautiful Lin the company this car resale, later company of bright and beautiful Lin sells this car Ms. Gu with new car.
Classics of 2 careful court is tried, think company of bright and beautiful Lin is formed con, adjudicate 3 times compensation Ms. Gu buys vehicle fund more than yuan 1300. This case is final judgment to adjudicate.
To the cognizance of indemnity, the court expresses, specific to this case, the price lowest of experience case car not under open carry on bill bright amount, show Ms. Gu to go up with bill only carry bright amount serves as what base advocates to increase indemnity not the castigatory sex compensation that its should win prep above lawfully, reason court requests to give to its lawsuit support.
According to introducing, this case is rights and interests of our country consumer since protective law is carried out, consumer wins compensate amount a highest consumption is con case. 3 quadrangle civilian Hou Jun of presiding judge of 3 front courtyard expresses, this makes clear this courtyard lawfully sex of penalty of law of protection of applicable consumer rights and interests compensates for a regulation, maintain con judgment measure unified and clear, fraudulent to the management of rights and interests of consumer of serious enroach on action what because the frontal price of car mark is high,do not deny castigatory sex compensation is applicable, judicatory of consumer rights and interests protects strength to be strengthened further.
■ focus
Whether does the car change kilometer number to form con?
It is crucial that whether distributors tells customer, the court maintains distributors to conceal modification kilometer to count the true state of affairs, form con
According to 2 careful medium court is investigated, case and a favor of BMW China company to the court are special the company refers with the sheet making a car between company of bright and beautiful Lin, can case of mutual confirm experience the car is in Laosilaisi before consign merchant lady at least travel 5095 kilometers. So whether has company of bright and beautiful Lin signalled this one case Ms. Gu one party to become judgement key.
The court thinks, from party old remark looks about evidence, appeal to in this case contend for " the car sells a contract " not the number of course of development when account consign car, cheng counts the Zai Mingli that showed official seal of company of Gai Youjin Lin in heart spy company (5095 kilometers) before car hands over sheet, company of bright and beautiful Lin states what sell to Ms. Gu to the court all the time in front courtyard careful is new car, had not alluded the case that existence of experience case car has used. When enough makes the court believes company of bright and beautiful Lin is selling, these important clues are according to the new Che Xianggu that had not used the lady undertakes selling really, use course of development actually what did not show this car to its according to the facts.
Advocate careful judge expresses, car of case of the experience in this case regards the whole world as well-known trademark and contract total prices evens more 5 million, the circumstance dirty that company of bright and beautiful Lin can exceed his 5000 kilometers in travel unexpectedly sells smoothly for new car and be in long inside be not bought person discovery, be based on this, the court believes Ms. Gu one party buys what see when the car to be not is even more the travel course of development of 5000 kilometers.
After this car is using a year many, the data report such as the video material that combines Ms. Gu to refer shows course of development is the case of 1000 more than kilometer only. The court thinks company of bright and beautiful Lin is in Laosilaisi revised proposal of its hold experience during car the possibility of height of existence of number of course of development of experience case car, reason gives to this fact affirm.
Integrated above is analysed, the court maintains presence of company of bright and beautiful Lin to inform Ms. Gu false circumstance and the action that hide true condition.
The court maintains company of bright and beautiful Lin to exist in selling car process accordingly fraudulent action, as operator, the action that its hide travel course of development intentionally is formed " consumer rights and interests protects a law " medium fraudulent action, the court supported 3 times compensation at this point. The court thinks, " consumer rights and interests protects a law " fiftieth 5 addition that the first place weighs the awe that indemnity is fraudulent to operator action and penalty, the actual loss that gets with consumer does not have inevitable connection, reason court was made on the compensation of ten million.
■ extend
3 quadrangle: Consumption occupies a car to sell dispute record false most probably
What in be worth automobile industry at present, weigh " Jin Jiuyin 10 " sell busy season, 3 quadrangle report Beijing yesterday morning say, at present motor vehicle is sold " con " the problem begins dash forward show, those who take issue of rights and interests of all car consumer most probably. The judge borrows this to promulgate relevant law analytic, remind the public to strengthen discriminate, beware be decieved.
According to 3 quadrangle statistic, come from 2013 in September 2018, this courtyard is accepted in all and case of dispute of rights and interests of consumer of careful knot car 72, the case shows ascendant trend of year after year. Involve applicable penalty sex to compensate for a case to add up to among them 42, also show year after year to increase by degrees trend, in be like 5 of 2013, only a view punishs a gender to compensate for, rise to 35% to 2014, arrived 2016 70% , amounted to the proportion of 80% 2017. This kinds of case is people often say " consumption is con " .
Should Hou Jun of presiding judge of 3 front courtyard introduces courtyard civilian, look from litigant request, the request of car consumer basically is in centrally " consumption is con " caused dispute, wait for 4 kinds because of the mass of vehicle and the dispute that not agree with actually, dispute that causes because of car price cost. In think " consumption is con " in the case of castigatory sex compensation of the view, consumer discovers operator is suspected of existence concealing the problem such as flaw of information, label, false conduct propaganda, if conceal a car to maintenance has existed before carry out or use information to be 22, engine puts 8 of hidden trouble in safety. relatively at two handcart, new car dispute is most, it is 55, agency of 4S inn accredit regards the accused case as the amount most, amount to 50.
Hou Jun expresses, the problem that appears in cognizance is to lack unified and normative standard at present, appear in judicatory practice cannot appraisal or existing technology hard sturdy circumstance has repeatedly happen. Because this car sells a profession,policy still requires code of corresponding form a complete set perfect, applicable respect still puts law in partial blank. Accordingly because technical structure is complex, consumer quote is difficult also be one of difficult problem of this case cognizance.
Hou Jun suggests, charter should do business through 4S inn before consumer buys a car one column identifies have without supplier accredit book, contract of serious check and approve and check car, make sure card of the sheet that follow a car is all ready, the attention saves sheet to trade according to mixing leave mark, a variety of means reason thought for the time being.
In addition, operator also should perfect a sale to serve a system, the industry is strengthened superintend, build complain a mechanism.
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