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When the imported Mercedes-Benz CLS bought in 700000 was licensed, it was found that the tires and wheels were privately replaced by the 4S store into a smaller size. The car owner sued the 4S store after negotiation with the 4S store, demanding a return of one for three. The court ruled that the Mercedes-Benz 4S store constituted a sales fraud and refunded one to three by the car price, with a cumulative sum of nearly 2.7 million yuan. 4S shop refused to appeal, and the court of second instance decided to support the refund of one for three treatment, rejected the appeal and upheld the original verdict.

Recently, Zhejiang online reporter contacted the owner of the case to represent the lawyer that at present the Mercedes-Benz 4S store has fulfilled its judgment obligations and 2.7 million yuan has been settled.

Another successful case of one refund and one compensation for three-dimensional rights, in a word, it is not easy for car owners to get a refund of nearly 2.7 million yuan from the dealer.

At the beginning, the owner of the car could not get the license plate to the DMV and learned that the tires and wheels had been changed to a smaller size, and the tires were not new. He also asked the 4S store to replace the wheels with the original factory parts and paid 50,000 yuan in compensation, but the 4S shop disagreed. Finally, the car owner picked up the legal weapon and decided to sue the 4S store.

The dealer mediated 50,000 yuan and refused to pay compensation, but he did not expect that he would pay more than 2.7 million yuan for fraud in the end. Through this incident, car dealers should also set an example. Fraudulent consumers will only lift a stone and drop it on their own feet in the end.

Review of the case:

The imported Mercedes-Benz CLS car owned by the owner, Ms. Zhang, was bought at the Hangzhou Zhongshengxing Mercedes-Benz 4S store. After paying 658000 yuan for the car, Ms. Zhang picked up the new car from the 4S store on March 15, 2017. Due to various reasons, entrusting the 4S store to handle the licensing procedures was troublesome, and the owner decided to check the license plate himself, but the DMV staff told her that the wheels and tires of the vehicle had been replaced and were suspected of being modified, so the license could not be completed.

From the "vehicle consistency Certificate" shows that the tire size of this Mercedes-Benz CLS is 19 inches, while the inquiry found that the Mercedes-Benz CLS 320s produced by Mercedes-Benz manufacturers only have 19-inch tyres.

In the process of the media interview, the 4S store gave several different explanations. At first, the 4S store said that because of the replacement of new and old models, the manufacturer made a mistake in assembly, and that was the case when customs came over, but it was questioned by the car owner to go back. Later, the 4S store changed its view, saying that it was a scratch when getting on and off the scooter in the process of vehicle transportation, so the tires and wheels were temporarily replaced, but the sales link forgot to change back and sold directly to the car owner.

Car owners are also skeptical about the story of the 4S store. Under the intervention and coordination of the Consumer Protection Commission, the car owner Ms. Zhang asked the 4S store to replace the vehicle tires and wheels back to the original factory, with an additional compensation of 50,000 yuan. But the 4S store did not agree and only agreed to send a few times of maintenance as compensation.

In desperation, the car owner filed a lawsuit directly to the court. Under the judgment of first instance, the court found that 4S store infringed consumers' right to know and choose. 4S store, as a professional car seller, should know enough about the specific situation of each car in the store. Wheels and tires as an important and obvious part of the vehicle, obvious defects, it can be seen that 4S store has serious subjective fault, subjective intention is obvious, constitute sales fraud. In accordance with the Law on the Protection of consumers' Rights and interests, we support the litigation request for a refund of one to three compensation, that is, a refund of 658000 yuan for the purchase of the car and 14000 yuan for the service fee, and a further compensation of 1.974 million yuan for the purchase of the car, as well as the insurance and other service fees paid by the car owner. After the verdict came out, Zhongshengxing Mercedes-Benz 4S store filed an appeal.

In the second instance, the court held that Zhongsheng Star changed the original hub tires of the vehicle into old tires that did not match the size, and no matter what the reason for the replacement, it should clearly and specifically inform the owner of the replacement facts, and should tell them but not to tell them. is to hide the truth.

In August 2018, the second instance judgment of the Hangzhou Intermediate people's Court showed that the appeal was rejected and the final judgment of the original judgment was upheld. Hangzhou Zhongshengxing Mercedes-Benz 4S store compensates car owners for a total of nearly 2.7 million yuan, and the cost of accepting the case is also borne by the 4S store.

In the end, the dealer refunded 32.7 million yuan to the owner of the car.

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