AutoBeta(AutoBeta.net)12/07 Report--

Recently, a case of Shanghai car owners suspected of buying a "damaged car" has attracted online attention. According to earlier media reports, a Ms. Xu from Shanghai reported to the media that she spent more than 760000 yuan on a Porsche "718 Boxster T" car at Zhejiang Cixi Jiejun Automobile sales and Service Co., Ltd. in May 2021. The vehicle was delivered on January 20 this year, but on the second day of picking up the car, when I drove the car to Tuhu car store to paste clothes on the car, I was told by the master that the vehicle had traces of repainting and disassembly.

The car owner also issued a certificate from Tuhu car store. According to the certificate issued by Tuhu car maintenance shop, the owner, Ms. Xu, came to the shop in the afternoon of January 21, 2022 to paste invisible clothes on her car. The shop master found that the left front fender of the vehicle had been repaired by spray painting. there are signs of disassembly and disassembly, such as the front bumper and baggage compartment cover, glue can be seen at the connection, and the left front fender sticker is missing. I hereby certify that after the master informed the owner of the situation, the owner did not paste the invisible car and clothing project and took the vehicle away.

Subsequently, the owner reported that he had found a home appraisal center and sent the vehicle to identify the marks of the car body. According to the appraisal results of Zhejiang Zhonghe Judicial Appraisal Institute, after using instruments such as endoscope and coating thickness gauge, the car luggage compartment cover, luggage compartment trim panel and front bumper purchased by Ms. Xu are disassembled and assembled, and the left front fender of the vehicle can be repaired by spray painting. Car owners are skeptical: what 4S stores deliver to them is not a new car, but a car they have repaired. However, Jiajun said: there is indeed a loss to the vehicle involved in the case, but it cannot be proved to be the work of the company. After the fruitless negotiation between the two sides, the car owner Jiejun sued to the Cixi City Court, asking for "return one to compensate three" on the grounds that Jiejun had fraud.

It is worth noting that the car owner also sent a screenshot of the surveillance video provided by Jiejun, saying that it was suspected that the staff of the store had repaired the car purchased by the owner. According to media reports, the reply submitted by Jiajun to the court showed that the vehicle was customized in Germany, arrived at Shanghai Port by sea, and then transported from Shanghai Port to the company's store on January 12, 2022. On January 13, tell the owner that the car has arrived at the store. On 16 and 17 January, the vehicle was PDI (handed over to the front), the oil pan was replaced on 19 January and the vehicle was delivered to the owner on 20 January. It said that the current loss of the vehicle in question did exist, but could not prove that it was done by the company. If the loss of the vehicle occurred in the course of transportation, it could file a claim with logistics; if it occurred when it arrived at Shanghai Port, it could file a claim with Porsche China. There is absolutely no need to risk a return of one to three to sell a vehicle with obvious flaws to car owners. If the repair is intentional, then there can be no possibility that the paint is rough or even the glue is not dry as mentioned by the car owner.

In response to Jiejun's response, the car owner said he did not agree. In addition, the lawyer for the car owner pointed out that according to the surveillance video evidence provided by Jay, from 09:10 to 10:30 on January 14, Jetty carried out sheet metal maintenance on the right side door pit of the vehicle involved in the case. that is, the vehicle involved in the case was collided, and the company was clearly aware of this, in accordance with the "guidelines for pre-Sale Inspection Service for New passenger cars (trial)" provided by the agent of Jetty. Jiajun company on the door body sheet metal (not including spray painting) repair should take the initiative to inform Ms. Xu, but Jiajun company obviously deliberately concealed did not tell, there is fraud subjective intention. The evidence submitted by Jiajun cannot rule out the possibility of the vehicle involved in the case being repaired in its store.

At present, the case also ushered in the judgment of first instance. According to the judgment: the court held that the evidence provided by the plaintiff was not sufficient to prove the facts that the defendant knew and deliberately concealed, and did not reach the standard of proof that could rule out reasonable doubt, and this part of the defect was due to the fact that the defendant was not aware of the above defects in the vehicle due to (careless PDI inspection), that is, it was not in line with "fraud".

At the same time, the court said that the defendant did not inform the case whether the depression in the right door of the vehicle involved constituted fraud. According to the surveillance video, when the vehicle involved was parked at the defendant's place, the defendant repaired the right door depression of the vehicle involved in the case, but it did not inform the plaintiff of the above repair, which was an act of deliberately concealing the relevant information. However, the defect is a minor appearance defect, and it has been properly dealt with through repair before delivery to the plaintiff, which does not affect the appearance, safety performance and use function of the vehicle, and the defendant's deliberate concealment will not affect the plaintiff's decision whether to pick up the car or not. To sum up, the defendant Cixi Jiejun Automobile sales and Service Co., Ltd. was sentenced to return 758650 yuan to the plaintiff within 10 days after this judgment came into effect, and compensate the plaintiff for the loss of 200000 yuan, a total of 958650 yuan.

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