If you buy insurance without authorization, does the insured amount not match the actual documents? Owner: There is fraud in the 4S store

With the rapid development of the mainland economy, consumption like automobiles has also increased to a certain extent. At the same time, the number of consumer complaints is also rising, and in the daily actual business scenario, the automobile 4S store has become the "hardest hit area" of consumer disputes. For example, pre-sales and after-sales service are not in place, vehicle maintenance and other phenomena, which have aroused our attention.

Recently, on the auto complaint network received such a complaint, a car owner from Liaoning Mr. Li said that he bought a Jaguar XFL car at a local Zunrong Road Jet 4S store in March this year, and once inadvertently found that the insurance amount purchased by his vehicle in the 4S store did not match the amount of insurance documents. What is the matter, why it will cause the amount of the insurance documents to not meet, follow the small editor to understand.

(Contents of the owner's complaint)

4S stores help customers buy in-store insurance projects without authorization?

In order to understand the ins and outs of the matter, we got in touch with the owner of the car, Mr. Lee. After communication, the owner of the car, Mr. Li, told him that when he found that the amount of the insurance document did not match, he did not know which step of the procedure was wrong. In order to find out the truth of the matter, he immediately sought explanations from the 4S shop that bought insurance for the vehicle. After communicating with the 4S shop, the owner learned that the insurance purchased by Mr. Li's vehicle originally included a so-called in-store insurance (called a worry-free card) for a total amount of 2888 yuan, so the insurance amount did not match the amount of the insurance document.

(Contents of the owner's complaint)

Mr. Li, the owner of the car, further said that this so-called "worry-free card" insurance project is that the 4S store unilaterally helps customers buy without the consent of the person and without the premise of informing, which is surprising. At the same time, Mr. Li also received an insurance electronic document in the 4S store, about which the owner of the insurance policy himself did not know, and did not stamp the corresponding official seal of the 4S store, nor did he confirm and sign through his own, and there was no actual paperless version of the relevant documents, so he issued an electronic document to the owner.

The owner of the car, Mr. Li, believes that the practice of the 4S shop is not reasonable, the owner said that after repeated communication with the 4S store, the 4S shop still refused to refund the insurance amount of 2888 yuan in full, and in desperation, he launched a complaint to the car complaint network, hoping to seek help, in order to give himself a fair way.

(The owner provides the contents of the insurance electronic document issued by the 4S shop)

Car owners defend their rights and question 4S shops for defrauding consumers

According to articles 8-10 of the Consumer Rights and Interests Protection Law, when providing services to consumers, business operators should protect consumers' "right to know", "right to make their own choice" and "right to fair trade", which requires that business operators should inform consumers of the specific content, type, scope, price and other information of the services provided, and make their own choices on the basis of the consumer's clear knowledge, and the two sides reach an agreement.

According to the owner of the car, Mr. Li, the relevant staff of the 4s store did not inform him about the policy content of the "worry-free card". The 4s store said that the insurance policy item was a voluntary purchase project, not a mandatory bundled sale, and the owner of the car, Mr. Li, had already paid for the policy at that time, which was agreed and purchased.

(The owner provides the contents of the insurance electronic document issued by the 4S shop)

However, the owner of the car, Mr. Li, did not approve of the unilateral statement of the 4s store, and the owner Mr. Li said that he had considered filing legal proceedings and consulted relevant lawyers, and the electronic insurance policy of the "worry-free card" service agreement did not have a corresponding official seal, nor did it pass his own confirmation signature, so it did not have legal benefits.

In the communication with the owner, we also learned that at present, the 4s store provides two solutions to the incident, one is to refund only half of the amount of the "worry-free card" project, that is, 1444 yuan, and the other is to provide the owner with compensation by loading the car recorder or giving away the consumption volume in the store. Mr. Li said that he could not accept the solution provided by the 4S store, but also said that there was no other better option.

How to compensate for the real fraud of 4s store?

According to article 12 of the Measures for the Punishment of Acts Infringing on the Rights and Interests of Consumers, proprietors providing goods to consumers must not compel or covertly compel consumers to purchase the goods they provide or that they designate as business operators, and refuse to provide corresponding goods to consumers who do not accept their unreasonable conditions.

(The owner provides the contents of the insurance electronic document issued by the 4S shop)

In this way, the 4S store, which enables consumers to purchase car insurance in their stores, is actually suspected of violating the above regulations. From the perspective of consumer rights protection, from the perspective of car owners, although the behavior of 4S stores does not constitute fraud. However, if the 4S store at that time informed the owner of the project to buy other insurance in the 4S store, it was also acceptable, but the 4S store did not truthfully inform the behavior, infringing Mr. Li's right to know and the right to choose. At present, the insurance dispute between the owner Mr. Li and the 4S shop is still in further communication and mediation.

According to the relevant laws and regulations of the Consumer Protection Law, consumers have the right to independently choose goods or services, have the right to independently choose the operators providing goods or services, independently choose the types of goods or service methods, and independently decide to purchase or not to purchase any kind of goods, accept or not accept any service. No business operator shall compel or covertly compel consumers to purchase and use goods or services provided by them or provided by business operators designated by them.

In addition, article 55 of the New Consumer Law stipulates that if 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; Where the amount of increased compensation is less than 500 yuan, it shall be 500 yuan. Where the law provides otherwise, follow those provisions.

Public opinion: In the face of illegal behavior, we as consumers have the right to say "no"!

In fact, the behavior of defrauding consumers is often more common, especially in some markets involving high-end consumption, such as 4S stores and so on. Therefore, for consumers, it is necessary to understand the behavior of defrauding consumers and actively defend their rights in the face of infringement.

Do you know whether you have been overcharged by 4S stores on the way to buy a car? As consumers, if we encounter the above similar situation, we should pay attention to retaining relevant certificates such as car purchase and maintenance, complain and report to the relevant regulatory departments, and take up legal weapons to protect our legitimate rights and interests.