In August last year, ms. Mao, a consumer, complained to the Jinshan District Market Supervision and Administration Bureau, reflecting that she had purchased a certain brand of off-road vehicle worth more than 210,000 yuan in a Shanghai automobile sales company on July 21, but a week after picking up the car, she found that there was a significant abnormal noise next to the car's central control and rear window, and she had repaired it 6 times in the brand's special 4S store, and did not solve the problem of abnormal noise.
After receiving the complaint, the law enforcement personnel of the Zhujing Institute of the Jinshan District Market Supervision and Administration Bureau immediately went to the accused enterprise Shanghai Automobile Sales Co., Ltd. to understand the situation, and the accused enterprise said that it had contacted the technical staff of the brand side to repair Ms. Mao again, but because the technical personnel were coming from Beijing, the time limit was not determined. Ms. Mao believed that six repairs would not solve the problem and asked for a replacement.
According to Article 21 of the Provisions on the Responsibility for Repair, Replacement and Return of Household Automobile Products: "During the validity period of the three guarantees of household automobile products, the cumulative repair time due to product quality problems exceeds 35 days, or the cumulative repair time due to the same product quality problems exceeds 5 times, the consumer may present the three-pack voucher and the car purchase invoice, and the seller shall be responsible for replacing it." The dispute between the two sides is the number of repairs, Ms. Mao believes that she went to the 4S shop 6 times and therefore counted six repairs, and the sued company believes that the store only has 3 service records, and one of them is tested and not repaired, and the other 3 times are in the 4S shop in Putuo District, so it does not meet the replacement policy."
To this end, the two sides have their own opinions and a stalemate. On the one hand, law enforcement personnel do the work of the sued enterprise and require it to quickly implement maintenance, and on the other hand, they get in touch with the brand party. During this period, the technicians sent by the brand side also repaired the vehicle again, but in the end the problem of abnormal noise was not solved. The two 4S shops where Ms. Mao received the repair service were special maintenance points of the brand side, and the law enforcement officers believed that the maintenance records during the period could be accumulated and were repaired for the same problem. Through repeated interviews with the brand and the enterprise being sued, it was finally agreed to replace the new car for the consumer.
At the end of 2021, Ms. Mao came to the 4S store together accompanied by the law enforcement officers of Zhujing, and Ms. Mao received the new car keys from the person in charge, and her gratitude was overflowing, and the four-month car change storm finally came to a successful end.
On January 1, 2022, the new version of the "Regulations on the Responsibility for Repair and Replacement of Household Automobile Products" was implemented. This is after 10 years, the national regulations on the "three guarantees" of automobiles have been revised and promulgated again. The new regulations have been substantially revised on the basis of the Provisions on the Liability for Repair, Replacement and Return of Household Automobile Products, which came into effect in 2013.
In recent years, household automobile consumer complaints have been high, some just bought cars have the main components of the failure, the occurrence of liability accidents, etc., but because the old car "three guarantees" stipulate that the main components must be repaired twice and still can not be repaired, or due to the same quality problems repaired more than 5 times before the vehicle is replaced, resulting in the rights and interests of consumers can not be protected. The new regulations have been revised to the past provisions, which can better protect the legitimate rights and interests of consumers.
What should I do if a consumer has a dispute over the purchase of a car? The staff of the Jinshan District Market Supervision and Administration Bureau said that if consumers fail to negotiate with the merchants on their own, they can also request the consumer association or other mediation organizations established according to law to mediate, or complain to the market supervision and management department and other relevant administrative organs through the 12315 hotline, website, mini program, etc., and can also submit to the arbitration institution for arbitration according to the arbitration agreement reached by the parties, and file a lawsuit with the people's court.
Reporter | Gorey
Correspondent | Zhu Meixin
Edit | Chen Weiting
Editor-in-charge | Shen Yanfei