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A Mercedes-Benz 4S store accident car in Nanchang was sold as a new car, and a refund of one for three was refuted.

2024-09-17 Update From: AutoBeta autobeta NAV: AutoBeta > News >

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Recently, Mr. Hu from Nanchang, Jiangxi Province reported to the media that he bought a new car E260L at Nanchang Yingxing Mercedes-Benz 4S store on Sept. 6, 2019, which cost nearly 440000 yuan. When I was running on the airport highway, I found that the steering wheel of the car was out of place and would wobble.

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After discovering the problem, Mr. Hu reflected the situation to the 4S store of Yingxing Mercedes-Benz, which said it was a normal phenomenon. Mr. Hu felt that something was still wrong, so he found a master in another 4S store to test it. As a result, the master said that there were signs of screw loosening and removal everywhere, which was an accident car. After hearing the news, Mr. Hu asked a professional organization to measure the car and found that there was indeed a big problem with the car, such as knocking on the board and spraying paint, which was different from the thickness of the original paint. In response to Mr. Hu's decision to sue to safeguard his rights, Mr. Hu asked a lawyer to entrust a third party, China testing and Certification Group Jiangxi Co., Ltd., to identify it. The results showed that there were obvious repair marks on the car, that is, the accident car.

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Subsequently, Mr. Hu sued the 4S store in a local court, asking it to comply with the provisions of the Consumer Protection Law on refund of one for three. In July 2020, the case was heard for the first time, and the court only ordered the 4S store to compensate Mr. Hu 30,000 yuan. "the court said that the 4S store did not tell the car was an accident and concealed the fact that it was repainted and sold as a new car, but it was not a fraud." Mr. Hu said he could not accept the verdict, and now he just wanted to return the car, which was rejected by the 4S store. Mr. Hu had no choice but to continue to sue. In July 2021, the people's Court of Jiangxi Nanchang High-tech Development Zone again ruled that the 4S store would pay 30,000 yuan in compensation, rejecting Mr. Hu's request for an one-to-three refund.

Judging from the court's judgment, it is clearly stated in the judgment that "the plaintiff maintains that faults such as steering wheel misalignment and unstable idle speed continue to occur in the use of the vehicle, and the court will not confirm the failure to provide relevant evidence." If the plaintiff fails to prove that the quality of the vehicle is unqualified, he claims that the vehicle cannot be sold in the market and the evidence is insufficient, this plan will not be adopted. " The judgment also mentioned that although the car's hood screws were dismantled and the car was repainted, the car's power system, steering system, braking system, suspension system and safety system did not affect the safety and practicability of the car. 4S store infringes on consumers' right to know, but the circumstances do not constitute fraud.

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In this regard, the relevant media contacted the person in charge of the 4S store, who said, "this case has been handed over to the court, the 4S store has no say, we act in accordance with the legal process and implement the court decision." At the same time, the person in charge also said that the relevant matters have been reported to the group, and will reserve the right to appeal. In response to this matter, netizens also said one after another: continue to appeal one to three, and strongly demand a return of one to three.

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Of course, whether in buying new cars or buying used cars, it is also suggested that consumers should know clearly about the vehicles they buy at the same time. Consumers should pay more attention to second-hand cars and ask dealers about the information before the delivery of vehicles in detail, which can effectively reduce the possibility of buying "risk" vehicles. Once problems arise, it is difficult for consumers to safeguard their rights. It will take a lot of time to take the litigation route, which is difficult for ordinary consumers to bear. Service providers also have the obligation to truthfully inform consumers of the actual situation when selling vehicles.

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