Buying an electric car was defaulted! Lu'an this sales company compensated...

November 2021

Mr. Diao, a consumer, signed a car sales contract with a car sales company in Lu'an City to purchase an electric vehicle with a price of 65,000 yuan. In the car purchase contract, Mr. Diao specifically agreed with the automobile sales company to deliver the battery of lithium iron phosphate, and Mr. Diao also confirmed the battery type with the sales staff several times when picking up the car. However, when Mr. Diao purchased insurance and license plate for the new car, he found that the battery of the proposed electric vehicle was a ternary lithium battery, not a lithium iron phosphate battery agreed in the contract and confirmed with the sales staff.

Mr. Diao believed that the car sales company had committed fraud and demanded double compensation.

The car sales company said that the two types of batteries of the vehicle have their own advantages and disadvantages, which are randomly equipped by the manufacturer and do not affect the price and performance of the vehicle, so it will not cause losses to Mr. Diao.

Due to the failure of the two sides to reach an agreement, Mr. Diao complained about the matter to the Lu'an Municipal Consumer Protection Commission.

After receiving the complaint, the Municipal Consumer Protection Commission checked the car purchase contract, car purchase invoice, vehicle registration certificate and other materials provided by Mr. Diao, and contacted the car sales company of the party against him to confirm that Mr. Diao's statement was basically true.

The car purchase contract provided by Mr. Diao was marked with the words "lithium iron phosphate battery", and the automobile sales company admitted that the vehicle delivered to Mr. Diao was equipped with a ternary lithium battery, not a lithium iron phosphate battery that Mr. Diao repeatedly confirmed. The car sales company said that due to the new sales staff's lack of understanding of the type of battery and how to identify it, the negligence caused the battery delivered to the car to be inconsistent with the agreement, and the company did not maliciously conceal and deceive Mr. Diao's intentions.

Article 577 of the Civil Code of the People's Republic of China

Where one of the parties fails to perform its contractual obligations or the performance of contractual obligations is not in accordance with the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.

The staff of the Municipal Consumer Protection Commission organized the two sides to conduct on-site mediation, and finally the two sides reached an agreement: the automobile sales company compensated Mr. Diao for 12,000 yuan, and there was no other dispute between the two parties.

Source| Lu'an Municipal Consumer Protection Commission

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