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2024-09-08 Update From: AutoBeta autobeta NAV: AutoBeta > News >
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The country's first audio fraud constitutes a second-instance judgment in a vehicle fraud case, and the court upheld the original verdict: the company returned 619800 yuan to Chen Bo for car purchase and paid 1.8594 million yuan in compensation.
The lawsuit in August 17, the first trial in September 18, and now the judgment of the second trial, it is also very disturbing for the car owner to toss about this for nearly two years.
In March 2015, Mr. Chen of Chongqing spent 619800 yuan on a Porsche Macan from Chongqing Haoda Automobile sales Co., Ltd. in June 2017, the owner of the car, Mr. Chen, was ready to sell the car and drive to the used car market for inspection. When he found that the vehicle's "BOSE original stereo" label automatically fell off, after professional appraisal, Mr. Chen learned that the so-called BOSE stereo was a fake.
After that, the car owner sued the dealer Hao Da famous Automobile sales Co., Ltd. in September last year, the dealer was ordered to "return one to three" for vehicle fraud, and the car owner returned the vehicle to the dealer, and the other party refunded 619800 yuan of the car purchase money. and compensation of 1.8594 million yuan. After that, the luxury car disobeyed and filed an appeal. now the second trial judgment was made by the Chongqing No. 1 Intermediate people's Court, which upheld the original verdict. The company returned 619800 yuan to Chen Bo for the car purchase and paid 1.8594 million yuan in compensation.
Mr. Chen's Porsche Macan was bought in March 2015. the naked car costs 619800 yuan. The "BOSE" label of the stereo brand came off automatically in a car wash in 2017, and it was later found that the so-called BOSE stereo was a fake.
At that time, after discovering that the vehicle was not the original BOSE, Mr. Chen negotiated with the dealer, proposed to return the car, and asked the dealer to pay compensation in accordance with the law, but the dealer did not agree, but offered some compensation conditions: reinstall the authentic "BOSE" stereo, pay an additional 20, 000 yuan, and provide life-long maintenance for the vehicle.
The two sides failed to negotiate, and finally Mr. Chen took the dealer to court at the end of August 2017, and in September 2018, the court issued a judgment of first instance, ordering the defendant Chongqing Haoda famous Automobile sales Co., Ltd. to "refund one for three".
After that, the company refused to accept the judgment of the first instance and filed an appeal, and recently the Chongqing No. 1 Intermediate people's Court rejected the appeal and upheld the original verdict.
The court held that the premium of the brand of the vehicle involved was relatively high, and it can also be seen from the clear agreement on the configuration of various parts in the contract that consumers' car purchase is the trust of the car brand and the pursuit of the high-end configuration of the whole car. Consumers expect to buy the whole car rather than a certain part, and they should claim it according to the standard of "return one to compensate three" for the whole vehicle, involving a total of 2.4792 million yuan.
It is common for dealers to conceal sales fraudulently, and as consumers, consumers should take up legal weapons when necessary. According to the Consumer Rights Protection Law, once a car seller is determined to constitute a consumer fraud, he will be sentenced to cancel the sales contract. The car owner returns the car, and the seller pays three times compensation when the car money is refunded, so that consumers can not only protect their own rights and interests, but also have a vigilant effect on dealers. So as to promote the standardized and healthy development of the automobile sales industry.
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