The new car has a maintenance record, and the sued merchant finally gets one refund and three compe

Mondo Cars Updated on 2024-03-07

Car price drop ready to buy a new car? If you're going to buy a new car, you have to pay attention to this detail! If a new car is found to have a maintenance record, it can be compensated with "one refund and three compensations".

In a recent case in which a consumer sued a car seller, the consumer was finally compensated. In this case, the process of consumer rights protection was lengthy, and the first complaint and mediation were ineffectiveAfter the lawsuit, the first-instance court ruled that the merchant did not constitute fraud, and the second-instance court found that the merchant was fraudulent, and the consumer finally received compensation of "one refund and three compensations".

It is worth noting that why there is a disagreement between the first instance and the second instance as to whether the merchant constitutes fraud?

The car seller claimed that the pre-sale replacement of spare parts is a new car maintenance behavior, which is a production link entrusted by the manufacturer, and is also a continuation of the production behavior, which does not affect the safe use performance of the vehicle, and the replacement of spare parts will be truthfully recorded in the system of the national 4S store general disclosure, and there is no subjective intention to defraud, which does not constitute fraud.

However, the court of second instance held that the car seller knew that there were parts maintenance matters for the vehicle involved in the case before the first instance, but did not take the initiative to disclose the relevant maintenance information at the time of the transaction. Therefore, the behavior of the automobile seller is a deliberate concealment of the true situation, failure to perform the obligation to inform, infringe on the consumer's right to know and the right to make independent choice, cause the consumer to fall into a misunderstanding, and constitute consumer fraud.

This is a typical case of "punitive damages". The result is very satisfying. The routine of deliberate concealment by merchants can be seen everywhere in daily life, and only by letting "punitive damages" play a role can the rights and interests of consumers be better protected. Safeguarding the rights and interests of consumers is actually maintaining the reputation of the business, and there is no fluke mentality, so there will be no sales behavior on the premise of harming the interests of consumers. **10,000 Fans Incentive Plan

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