AutoBeta(AutoBeta.net)11/03 Report--

The failure of the Mercedes-Benz car was repaired at the 4S store, but the 4S store bought the "three nots" engine cylinder from the auto parts city for replacement, which eventually led to the engine cylinder bursting. The car owner took the 4S store to court and complained to Zhengzhou Market Supervision and Management Bureau. At present, new progress has been made in the case.

According to the judgment of Zhengzhou Erqi District people's Court, the defendant Zhengzhou Huisheng Mercedes-Benz sales and Service Co., Ltd. refunded 43650.01 yuan to the plaintiff Mr. Cai for the maintenance of the middle tank within 10 days from the effective date of the judgment, and compensated Mr. Cai for the maintenance loss of 130950.03 yuan.

The court held that when the insurance company signed insurance with Huisheng Mercedes-Benz, there was a special agreement on the use of original spare parts for maintenance, while Huisheng Mercedes-Benz used non-original spare parts without the consent of the plaintiff in the course of car repair, which constituted fraud and should be compensated for three times the cost of the medium tank.

However, the court did not fully support Mr. Cai's claim. The court held that in the list provided by Mr. Cai, the maintenance list showed that the other accessories in the 4S store were the original parts, and only the middle cylinder was not the original parts. Therefore, the court did not support the plaintiff's claim that "compensation for other maintenance costs should be tripled".

But Mr. Cai believes that the engine cylinder is different from other accessories, after the damage, the manufacturer does not provide separately, can only replace the engine. After the damage to the middle cylinder of the Mercedes-Benz E200L, the 4S store was supposed to replace the entire engine, but in the end, the 4S store only changed the middle cylinder. In June this year, he replaced the engine by himself, spending a total of 190000 yuan.

Mr. Cai said he would appeal against the verdict. Mr. Cai said it had been two years since the engine cylinder was a product without three products. Because of this matter, the car has been unable to use, and the car can not enjoy the national insurance, which makes him lose a lot. In addition, the total compensation of "refund one to three" totaling more than 170000 yuan is not enough for him to replace the engine.

Case review:

In November 2016, Mr. Cai bought a Mercedes-Benz E200L and full insurance at the Huisheng Mercedes-Benz 4S store in Zhengzhou for 430000 yuan.

In July 2017, when the engine of Mr. Cai's Mercedes-Benz was damaged due to water involvement, the insurance company suggested that the engine cylinder be replaced at the Huisheng Mercedes-Benz 4S store in Zhengzhou.

According to the investigation of Zhengzhou Municipal Market Supervision and Management Bureau, the engine cylinder replaced by the Mercedes-Benz E200L is a "three-nothing" product, and the engine number on the cylinder is also engraved.

In October 2017, when Mr. Cai's Mercedes-Benz E200L was driving normally on the highway, the red light of the water tank was on, and then the engine burst.

In April 2019, the Zhengzhou Municipal Market Supervision Administration confiscated 24430 yuan of illegal income and fined 244300 yuan against Huisheng Mercedes-Benz 4S store.

In June 2019, Mr. Cai sued Zhengzhou Huisheng Mercedes-Benz in Zhengzhou Erqi District people's Court to refund the vehicle maintenance fee of 156000 yuan and compensate the plaintiff for 468000 yuan according to three times the cost of car maintenance and 60, 000 yuan for car rental during vehicle maintenance.

On June 11, the people's Court of Erqi District of Zhengzhou formally opened a hearing to hear the case.

Welcome to subscribe to the WeChat public account "Automotive Industry Focus" to get the first-hand insider information on the automotive industry and talk about things in the automotive circle. Welcome to break the news! WeChat ID autoWechat