Ms. Zeng of Kunshan spent more than 130,000 yuan to buy a second-hand car in a local 4S store, and later wanted to sell it because the capital turnover could not come, and as a result, when selling the car, she found that there was a problem with the second-hand car, which made Ms. Zeng very angry. Then Ms. Zeng came to the 4S store, but the 4S store firmly denied it.
It turned out that before Ms. Zeng bought the car, the car was suspected of having a rear-end accident, which caused damage to the front and rear of the car, and after the assessment of the insurance company, the car had lost its maintenance value, so after the agreement, the insurance company bought the car.
Therefore, Ms. Zeng sued the 4S store to the court, demanding that the fake one pay three, in court, the 4S store said that Ms. Zeng had been driving the car for more than a year, the contract between the two sides had been fulfilled, as the seller, the 4S store had achieved the pre-sales review obligation.
The court trial found that the car not only had a major accident, but even the mileage number was tampered with, from the original more than 75,000 kilometers was tampered with into more than 60,000 kilometers, and finally found that the 4S shop had fraud, refunded Ms. Zeng's car purchase price of more than 130,000 yuan, and undertook more than 400,000 yuan in triple compensation.
#大兵叔叔说法 #
It is really a big pleasure, as a 4S shop, itself for the car familiarity is much higher than the consumer, in terms of professionalism, but also far beyond the consumer, how can you make such a low-level mistake, or in the sale of this car, the 4S shop knows that this is a major accident car?
Because consumers like Ms. Zeng, based on their trust in 4S stores, chose brand used cars, hoping to be more reliable than the general used car dealers, which cheng wanted to encounter such a big pit, it is really overwhelming.
4S shop in the trial, in order to evade responsibility, actually said that Ms. Zeng has been buying the car for more than a year, the contract between the two sides has been performed, in fact, although the contract between the two has been fulfilled, 4S shop delivered the car, Ms. Zeng paid money, but the car delivered by the 4S shop is obviously not in line with the contract, is a serious breach of contract.
Since in this case, the 4S shop's behavior itself constituted a breach of contract, and it should bear the liability for breach of contract in accordance with the provisions of the Civil Code, but since this is the relationship between the operator and the consumer, it is also subject to the Consumer Rights and Interests Protection Law, at this time, the Consumer Rights and Interests Protection Law is a special law, which is superior to the general law "Civil Code".
According to article 55 of the Law on the Protection of The Rights and Interests of Consumers, where a business operator provides goods or services fraudulently, it shall, at the request of the consumer, increase the compensation for the losses suffered by the consumer, and the amount of the increased compensation shall be 3 times the price of the goods purchased by the consumer or the cost of receiving the service.
Therefore, the court finally upheld Ms. Zeng's threefold compensation claim, in fact, this is also a punishment for the merchant.
As a 4S store, the pursuit of profits is beyond reproach, which is also the starting point of the enterprise, but it cannot infringe on the rights of consumers just for the pursuit of interests, otherwise, the face is compensation.
What is your view on this case?
#普法行动 #
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