Buying a car is a relatively large expense for modern families
Struggle with choosing a car before buying a car
After buying a car, I was upset about various after-sales problems
As a car owner, how to deal with disputes?
500,000 new cars were purchased within a week of engine failure
4S shop reply: only repair not return
Ms. Zhou (pseudonym) of Fuyang bought a car of a well-known brand at a well-known brand car sales service company for about 500,000 yuan. However, only a week after picking up the car, Ms. Zhou found that the engine fault light was lit for unknown reasons, and the cause of the failure was not found after the 4S shop tested, and the maintenance confirmed that there was no problem with the vehicle, and ms. Zhou was informed that she could continue to use it. A month later, Ms. Zhou found that the vehicle had engine failure lights on several times in a row, so she found the 4S shop again, and the reply was: the engine needed to be dismantled and tried to repair.
Considering that it is still a new car, and the cost of buying a car is also high, Ms. Zhou resolutely disagreed with the dismantling and repair of the car, but put forward a request for a refund for the return of the car. 4S shop and manufacturer said that according to national regulations, Ms. Zhou's vehicle has not yet reached the return standard and will not be returned.
The national "three guarantees" stipulates that it does not meet the conditions for return and exchange
"Zhejiang version of the elimination method": meet the conditions for return and exchange
The parties disagreed on the application of the law
Ms. Zhou had no choice but to complain to the Fuyang District Market Supervision Bureau and asked for the dispute to be resolved. After the Fuyang District Market Supervision Bureau accepted the complaint, the investigation confirmed that the situation reflected by Ms. Zhou was basically true, so it relied on the "shared court" of the Fuyang Court to initiate joint mediation.
During the mediation process, the parties disagreed on the application of the regulations in this case. According to the provisions of the national "Three Guarantees Policy for Automobiles", Ms. Zhou's situation does not meet the conditions for vehicle return and replacement, but according to the provisions of the Measures for the Implementation of the Law of the People's Republic of China on the Protection of Consumer Rights and Interests in Zhejiang Province, Ms. Zhou has met the conditions for returning and replacing the car.
The judge held that the consumption behavior occurred in Zhejiang
The implementation of the "Zhejiang version of the consumption method" is more beneficial to consumers
The judge pointed out that the "Zhejiang version of the consumer law" is more beneficial to consumers than the national "three-guarantee automobile policy", and the "Zhejiang version of the consumption law" is common in the province, and since the consumption behavior occurs in Zhejiang, the implementation of the "Zhejiang version of the consumption law" is also necessary.
After the judge explained the law and reasoned, the two parties finally reached a mediation agreement, and the 4S store agreed to return the faulty car and refund it to the consumer Ms. Zhou in full. The Market Supervision Bureau is responsible for the supervision and implementation of the follow-up performance.
Afterwards, Ms. Zhou gratefully said that thanks to the "shared court" platform, she could get the professional guidance of the judge without going to the court, and easily resolved the contradictions and disputes.
The "Zhejiang version of the consumption law" is the "deepened version" of the national regulations
Merchants must not rely on their dominant position to deceive consumers
As a pioneering demonstration zone for common prosperity, Zhejiang has also been at the forefront of the country in the protection of consumer rights and interests. For the free replacement of engines and transmissions stipulated in the national "Three Guarantees Policy for Automobiles", the "Zhejiang Version Of Consumption Law" is deepened to replace or return the whole vehicle and compensate for losses. On the basis of implementing the national "three-pack policy for automobiles", 4S stores must also strictly abide by the relevant provisions of the "Zhejiang version of the consumer law" and must not rely on their dominant position to deceive consumers.
Links to laws
Paragraph 1 of Article 24 of the Provisions on the Responsibility for Repair, Replacement and Return of Household Automobile Products Any of the following circumstances occur during the validity period of the three guarantees of household automobile products, and the consumer chooses to replace the household automobile products or return the goods with the purchase invoice or the three guarantees voucher, the seller shall replace or return the goods:
(1) Where repairs have been made twice due to serious safety performance failures, but the faults have not been ruled out or new serious safety performance failures have arisen;
(2) The engine, transmission, power battery, and driving drive motor have been replaced twice due to their quality problems, and they still cannot be used normally;
(3) The same major parts of the engine, transmission, power battery, driving drive motor, steering system, brake system, suspension system, transmission system, pollution control device, and body are replaced twice due to quality problems, and still cannot be used normally;
(4) The cumulative repair time due to quality problems exceeds 30 days, or the cumulative repair time due to the same quality problems exceeds 4 times.
Article 27 of the "Implementation Measures of Zhejiang Province" Household automobile products within 60 days from the date of the seller issuing a unified invoice for the sale of motor vehicles or within 3,000 kilometers of driving mileage (whichever comes first), there is a steering system failure, brake system failure, body cracking, fuel leakage, safety device failure, vehicle spontaneous combustion or other quality problems caused by the vehicle out of control, or product quality problems in the main parts of the engine or transmission, Sellers or producers of household automobile products shall replace or return the whole vehicle according to the requirements of consumers, and compensate for losses in accordance with law.
Transferred from: Fuyang Court
The image comes from the Internet
Source: Hangzhou Intermediate Court