In Xiamen, Fujian Province, a woman bought a Mercedes-Benz 22 c260 at a 4S store, and after completing the connection ceremony, she went to a nearby gas station to refuel. I didn't think about it, about ten minutes, just arrived at the gas station and found that the car cover was smoking.
The gas station personnel, fearing an explosion, hurriedly took out the fire extinguisher and asked the lady to quickly extinguish the fire. Then the lady drove the car back to the 4s shop for inspection and found that the chassis was leaking oil.
The car was left in the 4S shop, and after waiting for half a month, the manufacturer's people came down to check and confirm that it was a vehicle problem.
The 4S shop proposed a solution for the lady to change or return the car. The lady wants to know what the specific problem is to know how to deal with it, but the staff has not said it, and also kicked the ball like let the lady contact the manufacturer or customer service.
Later, the lady and the 4S shop communicated many times, but the staff were pushing and blocking, and the attitude was arrogant.
Now the lady is helping out in the headlines, hoping to get a fair deal.
In fact, from a legal point of view, this matter is not complicated, it is a dispute over a sale and purchase contract.
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 increase the compensation for the losses suffered by the consumer at the request of the consumer, and the amount of the increased compensation shall be three times the price of the goods purchased by the consumer or the cost of receiving the service; if the amount of additional compensation is less than 500 yuan, it shall be 500 yuan.
According to the above provisions, if the merchant is fraudulent when selling the car to this lady, he can ask for a refund of one and three losses, and if various situations really occur, of course, it is the most conducive to the lady who buys the car.
But the key question here is whether the merchant is "fraudulent"?
Fraud requires the merchant to know that there is a problem and also make a sale, the merchant of course will not admit that he knows, often can only infer through the specific problems of the vehicle, whether the merchant knows or should know.
On this issue, it is difficult for consumers to prove that the merchant has fraud due to limited information, so it is recommended that the lady complain to the consumer association and the municipal supervision bureau, and with the help of the regulatory authorities and the association, find out what the problem with the vehicle is.
If there is indeed a situation of "fraud", then there is no need to hesitate, ask the merchant to refund one compensation and three compensation in accordance with the regulations, and if the merchant refuses to compensate, bravely take up the legal weapon to protect himself.
However, if it is finally confirmed that the merchant has no fraud, then, according to the principle of civil law, the merchant only needs to compensate the actual loss of the consumer. If the contract stipulates liquidated damages, it may claim compensation for liquidated damages.
According to past experience, if the merchant does not sell fraudulently, even if the contract stipulates liquidated damages, it will not be able to compensate much.
Therefore, in this case, it is recommended that this lady still do not toss, work hard, and in the end may not be worth the loss, it is better to accept the 4S shop program, choose to change the car or return the car.
@that she lois #headline help ##Xiamen headline ##普法行动 #
