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It was originally a pleasure to get millions of luxury cars, and the rate of turning around was high and face-saving, but the owner of the car, Ms. Zhu, broke down after less than 2 months, and it happened again and again after maintenance. An investigation found that there were maintenance and claim records before sale, and 4S shop did not inform the situation, so sued to the court for compensation of 20 million yuan. Our inquiry found that the case is likely to be the largest car claim in China.

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Found maintenance records and asked for a huge compensation of 20 million.

According to the Changjiang Daily, Ms. Zhu planned to buy a Bentley in December 2017. after communicating with the 4S store, the 4S store staff suggested that the license plate should be placed in the main name of the company, which would be tax deductible. On January 17, 2018, Ms. Zhu finally bought a Bentley in the name of a Wuhan Technology Co., Ltd., at a total cost of 4 million yuan.

In the process of using the car, there is a fault only driving 757 km, and the driving system failure alarm. On March 10, Ms. Zhu sent the car to the 4S store for repair, and the result showed that it was a "fuel pump module and fuel pump failure", which occurred many times in the follow-up use.

Subsequently, Ms. Zhu found that there were traces of disassembly and assembly of the car before, and showed the existence of maintenance and claim records in the company's internal system. However, the test report provided by the 4S store did not show that it had been repaired before.

Ms. Zhu believed that there was fraud in the 4S store, and there were major quality defects and safety risks in the new car, so she sued the court, demanding that the 4S store and the vehicle importer bear the responsibility, with a total claim of 20 million yuan.

The terms of the claim include: asking the 4S store to pay a compensation of 12 million yuan according to three times the purchase price; requesting the cancellation of the car purchase contract and a refund of 4 million yuan, and Ms. Zhu returning the purchased vehicle; compensating for more than 340000 yuan in vehicle purchase tax, 46834 yuan in insurance and ship tax, and more than 860000 yuan in loss of capital occupation; compensation for various losses arising from the purchase and maintenance of the car totaled 2.75 million yuan, including fuel and late work fees, etc.; at the same time, the vehicle importer shall bear joint and several liability.

At present, the vehicle is still parked in the 4S store.

4S store: compensation is groundless

On March 1, the case was heard in the Wuhan Intermediate people's Court.

The 4S store believes that the vehicle was purchased in the name of the company and that the company does not apply to the consumer protection law or to the provision of triple compensation. Therefore, Ms. Zhu does not have a sales contract with the 4S store, and she is not the suitable plaintiff in this case.

4S store also said that pre-sale through PDI detection and maintenance of vehicle left rear shutter and car reading light fault, does not belong to the major problem that must be disclosed to customers, belongs to the new car delivery before a reasonable arrangement behavior, consumers can directly query maintenance records in 4S store, is also a kind of public behavior, does not constitute fraud. And the company has been repaired to the deliverable state after the fault is found, which has nothing to do with the fuel pump problem after then. the fuel pump problem belongs to the quality problem after delivery, and the after-sale three-pack regulation should be applied instead of triple compensation. To dismiss the plaintiff's claim.

In the trial of the case on March 1, the court did not pronounce a verdict in court.

In view of this kind of one-for-three cases, there have been successful cases earlier.

In January 2017, Ms. Deng in Chengdu bought a Jaguar SUV from an automobile sales company in Xichang. She stuck to the steering wheel twice a month, nearly causing a car accident. Then it was found that the steering gear of the vehicle had been replaced and it was still old. The sales company was adamant that it would take the lawsuit to the end, and Ms. Deng immediately sued to the court and froze 2.7 million yuan in the company's account. In the process of vehicle identification, the boss of the sales company admitted that the steering machine had been replaced, but refused to pay compensation, and the identification results also showed that the steering machine had been replaced and non-new parts. After nearly two years, the court ruled that the sales company "refunded one to three". In January 2019, Ms. Deng said that the compensation of more than 2.34 million yuan had been fully received.

If the 4S store had told customers all the information about the car, there would be no claim for compensation, and consumers would have the right to know whether it was a minor problem or a major maintenance. Once the 4S store constitutes subjective concealment and fraud, properly return one to three.

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