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2024-09-08 Update From: AutoBeta autobeta NAV: AutoBeta > News >
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AutoBeta(AutoBeta.net)09/07 Report--
Ms. Li from Suzhou, Jiangsu Province spent 466000 yuan on an imported BMW SUV from an auto trading company. By chance, she found that the car turned out to be a used car. Ms. Li took the car dealer to court. In the end, the court ordered the automobile trading company involved to pay compensation of 1.398 million yuan.
In June 2016, Ms. Li picked up an imported BMW X4 SUV at an automobile trading company in Suzhou, with a total price of 466000 yuan including tax. At the same time, the seller issued a sales invoice, the sales unit on the invoice is a Changchun automobile sales service company, and affixed with the special seal of the company invoice.
In September 2017, Ms. Li found the problem when she went to the 4S store for vehicle maintenance. The staff of the 4S store told her that the BMW mileage meter had been artificially zero-adjusted, and the artificially adjusted odometer was prone to failure.
In this regard, Ms. Li found that every time the vehicle was started and then turned off, the mileage of the vehicle was increased by five kilometers. As Ms. Li bought the car for daily use, there was no major problem, and she did not find it in time. They found the seller to negotiate, but was perfunctory by the seller manager Wang, and then directly closed the store, the whereabouts are unknown.
When buying a car, the seller called the car a new car and issued a "new car quotation budget" according to the price of the new car. In this regard, Ms. Li believes that the seller conceals the fact that the vehicle is a standard-adjusted car, which constitutes fraud and seriously infringes upon the legitimate rights and interests of consumers.
Finally, it was found that the automobile trading company involved was an one-man company, and Manager Wang was the shareholder of the company. In desperation, Ms. Li sued the seller to the court, requiring the seller and an automobile sales company in Changchun to bear three times the liability for compensation, the manager of sales Wang to bear joint and several liability, and the vehicle involved in the case would not be returned.
During the trial, because the company that bought the vehicle was different from the invoice company, only a car sales company in Changchun came forward to argue, but its company said that it did not sell the car to Ms. Li, and its invoice was also forged, and provided the invoice with the same code at the same time. It is considered that the company should not bear the corresponding responsibility. In addition, it was found that Ms. Li's vehicle did have a record of sale in Shandong, and it was confirmed that the invoice was forged.
After examination and approval, the court finally held that Ms. Li bought the vehicles involved in litigation for living consumption, and her consumer identity should be recognized. At the same time, it is concluded that the vehicle involved in the case purchased by Ms. Li is a problem car, and the behavior of the seller constitutes fraud. Ms. Li advocated that the seller should pay three times the compensation of 1398000 yuan, which was supported by the court. But because the invoice is forged, an automobile sales company in Changchun does not have to bear the responsibility. The court finally ordered an automobile trading company in Suzhou to pay compensation of 1398000 yuan, and the sales manager Wang was jointly and severally liable for the above payment obligations of an automobile trading company in Suzhou.
Nowadays, there are more and more precedents of "refund one for three", which undoubtedly tells all practitioners in the automobile market that it is impossible to rely on fraud to make exorbitant profits, whether it is automobile sales enterprises or second-hand car sales enterprises. if we want to survive in the more stringent market conditions in the future, we must return to the nature of service and operate in good faith.
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