Half a year after the car owner picked up the car and found it belonged to the recalled vehicle Mercedes Benz: no malicious concealment

category:Finance
 Half a year after the car owner picked up the car and found it belonged to the recalled vehicle Mercedes Benz: no malicious concealment


At present, the case has entered the stage of formal trial.

Half a year after the owner picked up the car, he found it was a recalled vehicle

On November 8, 2019, considering the daily commuting demand, ye Lingxiao signed the automobile sales contract with Guizhou Guixing company, and paid 50000 yuan to order a Benz e300l car.

On the afternoon of November 12, the vehicle arrived at the store. After confirming the model and retrofitting, ye Lingxiao signed the automobile mortgage loan contract with Benz auto finance company, which clearly stated that the frame number of the vehicle purchased was le4zg8db8ll431602. On November 18, the loan was approved and ye Lingxiao officially picked up the car.

But half a year after picking up the car, ye Lingxiao accidentally found that his car was a recalled vehicle.

Ye Lingxiao, the owner of the car, found that the Mercedes Benz vehicle purchased by him belongs to the recalled vehicle. Photos provided by interviewees

According to the surging news inquiry, on the afternoon of November 12, 2019, the State Administration of market supervision released the recall information of Mercedes Benz (China) Automobile Sales Co., Ltd. and Beijing Benz Automobile Co., Ltd. on its official website, promising to install front shock absorber reinforcement firmware free of charge for the recalled vehicles, so as to eliminate potential safety hazards.

The recall was announced a week ago when the car was picked up. Your star company did not inform ye Lingxiao of this. Mr. Ye recalled that from November 12, the vehicle frame number was determined with your star company and the mortgage loan contract was signed, and the vehicle was officially delivered by your star company on November 18. For a week, your star company has been hiding this fact.

During the communication with manager Li of the after-sales maintenance department of Guixing company, ye Lingxiao learned that the purchased vehicle arrived at the store on November 9, 2019. After PDI inspection (pre-sale inspection of new passenger cars), Guixing company already knew that the vehicle was a recalled vehicle with potential safety hazard, but did not reflect the vehicle situation to him.

In addition, the automobile manufacturer issued a letter of notification in November 2019, saying that the gasket of this batch of vehicles is not thick enough, which may cause potential safety hazards, and further processing is required, and relevant repair accessories are also distributed. On November 13, the parts of the recalled vehicle that needed to be replaced arrived at the store, and the parts were replaced and repaired on the same day. Your star company did not inform this matter.

Has your star company concealed the fact that the car ordered by Ye Lingxiao is a recalled vehicle and there is a potential safety hazard?

In this regard, Ni manager of the Sales Department of your star company told surging news that on November 11, 2019, the frame number of the vehicle purchased had been specified in the e-credit authorization agreement of credit business with ye Lingxiaos electronic signature, instead of the confirmation on the 12th mentioned by Ye Lingxiao. The vehicle recall announcement was released on November 12 after the company had no knowledge of the fact that the vehicle was a recalled vehicle.

But he also admitted that the vehicle had been repaired. Said that on November 13, after the vehicle repair parts arrived at the store, the maintenance department repaired and replaced the parts according to the recall processing plan. Until November 18, when ye Lingxiao picked up the car, what the company delivered was a commercial car that fully met the national factory inspection standards, and there was no malicious concealment.

But ye Lingxiao does not accept this statement. Even if it is repaired secretly, at least he should know the information of the vehicle within the scope of recall.

After the negotiation failed, ye Lingxiao filed a lawsuit in the peoples Court of Guanshan Lake District, Guiyang City, requesting that you star company return the car purchase money and compensate the vehicle purchase tax, insurance fee, vehicle maintenance service fee, vehicle loan interest, triple car purchase fee and relevant appeals expenses.

Combined with this case, Wang Jun, a lawyer from Guizhou Gongda law firm, explained to the reporter that your star company still sold the vehicle to ye Lingxiao after confirming and delivering the vehicle to ye Lingxiao, and privately repaired and replaced the vehicle before delivery, which violated the relevant provisions of the consumer protection law. According to the provisions of Article 54 and Article 58 of the contract law, your company shall refund ye Lingxiao the corresponding purchase price, and ye Lingxiao shall return the vehicle purchased from your company. For the loss caused by the cancellation of the automobile sales contract, your star company should also compensate. At the same time, as a consumer, ye Lingxiao has the right to claim punitive damages from your star company in accordance with the provisions of Article 55 of the consumer protection law. At present, the case has entered the stage of formal trial. (this article is from surging news, please download surging news app for more original information) source of this article: surging news editor: Zhang Mei_ NF2100

Combined with this case, Wang Jun, a lawyer from Guizhou Gongda law firm, explained to the reporter that your star company still sold the vehicle to ye Lingxiao after confirming and delivering the vehicle to ye Lingxiao, and privately repaired and replaced the vehicle before delivery, which violated the relevant provisions of the consumer protection law.

According to the provisions of Article 54 and Article 58 of the contract law, your company shall refund ye Lingxiao the corresponding purchase price, and ye Lingxiao shall return the vehicle purchased from your company. For the loss caused by the cancellation of the automobile sales contract, your star company should also compensate. At the same time, as a consumer, ye Lingxiao has the right to claim punitive damages from your star company in accordance with the provisions of Article 55 of the consumer protection law.

At present, the case has entered the stage of formal trial.

(this article is from surging news. For more original information, please download the surging news app)