current position:Home>3 million Bentley new cars have been repaired in 17 places? The owner has been driving for 5 years without knowing it. 4S store: can't you give you a foot pad?

3 million Bentley new cars have been repaired in 17 places? The owner has been driving for 5 years without knowing it. 4S store: can't you give you a foot pad?

2022-05-07 16:16:4436kr

A car 300 The ten thousand yuan car drove 5 Years can become 900 Ten thousand yuan ?

In recent days, , The owner, Mr. Tian, found himself 5 Cost years ago 300 Ten thousand yuan in a Bentley in Beijing 4S The car bought by the store , It has been repaired 17 Time . And before buying , Mr. Tian knows nothing about it .

Regarding this , Many netizens joked that :“ One for three ,300 All changes 900 ten thousand .”

picture source : Sina weibo

More netizens left a message saying :“ I'm so lucky , I also want to buy a repair car , You'll be rich .”

picture source : Sina weibo

however , The Bentley 4S The store gave reasons to say , When Mr. Tian bought the car, there was no relevant law requiring the pre delivery inspection procedure ( hereinafter referred to as PDI) Tell the customer , bentley 4S The behavior of the store does not constitute fraud .

picture source : Screenshots of relevant reports on Beijing time

“ Whatever the reason , The seller's obligation to inform consumers of vehicle maintenance shall not be affected , This is the minimum right to know about consumption .”5 month 7 Japan , A lawyer told 《 The daily economic news 》 The reporter .

Member of the expert committee of China Automobile Circulation Association 、 Wu Feng, partner of Langcheng law firm, is in 5 month 7 In an interview with reporters on the th, he also said :“ If the seller has the subjective intention to inform the other party of false information , Or deliberately concealing the truth , The act of inducing the other party to make a wrong expression of intention , Consumers have the right to rely on the fact that the seller constitutes fraud , Ask the seller ‘ One for three ’.”

01 “ A new car ” Repaired before sale 17 Time

As early as 2016 year 5 month , Mr. Tian is at a Bentley in Beijing 4S shop , It costs about 300 Ten thousand yuan to buy a Bentley . According to Mr. Tian , The Bentley 4S The car salesman at the store said , The vehicle is a new imported complete vehicle .“ After buying the car , I drive very sparingly ,5 The annual mileage is only 1 Thousands of miles , And there's never been a repair . When I was ready to sell the car, I found that the car had 17 Maintenance record .” Mr. Tian said he was very puzzled .

picture source : Screenshots of relevant reports on Beijing time

Then Mr. Tian asked Bentley 4S The store has made many verifications , The store finally admitted that the Bentley bought by Mr. Tian had indeed been repaired , And gives a maintenance list . The list is basically similar to the automobile inspection report issued by Mr. Tian . Both documents indicate that Mr. Tian's Bentley car has multiple repairs 、 Traces of replacement parts , Including the replacement of the front middle network 、 Replace the headlight ring 、 Disassembly and assembly of left front wheel hub, etc .

picture source : Screenshots of relevant reports on Beijing time

Mr. Tian said , The Bentley 4S The store once offered to send some floor mats 、 Car gifts such as cushions as compensation , But Mr. Tian refused . Mr. Tian thinks :“4S The store didn't inform consumers of the vehicle maintenance and records before buying the car , This is a fraudulent consumer , It also infringes on consumers' right to know .” 

picture source : Screenshots of relevant reports on Beijing time

And Bentley 4S The practice of the store has also aroused heated discussion among netizens . One netizen said :“300 Ten thousand fake goods pay for a gift ? Car Freshener ?”

picture source : Sina weibo

however , bentley 4S The store also gave its own reasons , The maintenance record of Mr. Tian's Bentley vehicle before purchase is in line with PDI Testing and technical treatment standards .“ Automobile as a personal matter involving consumers 、 Special commodities for property safety and social public safety , Necessary pre-sale quality inspection should be carried out before delivery , Its purpose is to judge whether the vehicle meets the due safety standards and quality requirements . therefore , Only tests that fall within the scope of this purpose can be attributed to PDI testing , Instead of arbitrarily expanding its scope .” The above lawyer said .

picture source : Screenshots of relevant reports on Beijing time

The Bentley 4S The store further said :“ When did Mr. Tian buy the car 2016 year , But at that time, there was no relevant law to say PDI The customer must be informed , until 2017 year 3 month , China Automobile Circulation Association just came out 《 Pre sales inspection service guide for new passenger cars ( On a trial basis )》( Hereinafter referred to as guidelines ),《 guide 》 Chinese name PDI Need to inform the customer .”

“ Actually ,《 guide 》 It belongs to the normative guidance issued by the industry association , Does not have mandatory legal benefits .1993 enacted 《 Law of the people's Republic of China on the protection of the rights and interests of consumers 》( Hereinafter referred to as the consumer protection law ) After two revisions , The last revision was in 2013 year . Mr. Tian 2016 When I bought a car in ,《 Consumer protection law 》 Is in effect . This also means that whether the dealer provides PDI Obligation of test report , Shall not affect the obligation to inform consumers of vehicle maintenance , This is the minimum right to know about consumption .” The above lawyer told 《 The daily economic news 》 The reporter .

picture source : Screenshot of Beijing time report

For Bentley 4S The above statement of the store , Mr. Tian does not accept . at present , Mr. Tian has submitted relevant evidence to Beijing Chaoyang District People's court , He said he would defend his rights and interests in the form of litigation .

02 The lawyer : The operator deliberately conceals, which constitutes fraud

in fact , Similar cases are common , The most expensive car ever appeared in China “ One for three ” case .

2014 year , A car owner, Ms. Jia, said 520 Buy a car for 10000 yuan “ new ” Rolls-Royce , But when the vehicle is in trouble and repaired, he is told that the mileage has been artificially modified , No warranty . Ms. Jia, the car owner, thinks 4S There is fraud in the store , take 4S The shop sued to the court . After three years , The verdict of the second instance of the case was officially announced , The court found that the seller constituted fraud , Judge the dealer to compensate Ms. Jia three times for the purchase price of the car 1381 More than ten thousand yuan .

picture source : Rolls Royce's official microblog

And Mr. Chen of Chongqing in 2015 Annual flower 61.98 Ten thousand yuan to buy a Porsche Macan, until 2017 year 6 I found the car only when I was ready to sell it last month “BOSE Original stereo ” yes “ Counterfeit goods ”. After negotiation with the dealer fails , Mr. Chen took the dealer to court . Chongqing Yubei District People's court finally held that , Consumer fraud is established , Dealer needs “ One for three ”.

that , In automobile consumption “ One for three ” What is it ?

“ according to 《 Consumer protection law 》 Article 8. , Consumers have the right to know about their purchases 、 The right to the truth about the goods used or the services received . according to 《 Consumer protection law 》 Twentieth , The quality of goods or services provided to consumers by business operators 、 performance 、 purpose 、 Expiration date, etc , It should be true 、 comprehensive , Do not make false or misleading propaganda . These laws stipulate consumers' right to know 、 Full disclosure of true information and false publicity .” Said the lawyer , In the process of consumption, the operator has fraud , Consumers can get one refund and three compensation .

picture source : Each by the reporters Dong Tianyi taken ( Data figure )

Besides , Wu Feng thinks , Consumers demand that sellers “ One for three ” The applicable conditions are “ A business operator commits fraud in providing goods or services .“ It is generally believed ,‘ cheat ’ It must have the following three constituent elements : First of all , Objective aspect . The fraudster carried out ‘ Deliberately telling false information or deliberately concealing the truth ’ Fraud of ; second , Subjectively . The fraudster has the subjective to commit fraud ‘ deliberately ’; Third , In terms of causality . The deceived party makes a wrong judgment based on the fraud and makes a wrong expression of intention based on it , That is, there is a causal relationship between the expression of wrong intention and fraud .” Wu Feng said .

however , determine “ One for three ” It's not easy . Public data display ,2017 Since, automobile consumption rights protection case 298 In the piece 181 The case is that the car owner is due to the car dealer “ Old cars are sold as new ones ” Prosecution . and 181 Suing a car dealer “ Old cars are sold as new ones ” In the case of , Yes 76 The car owner lost the case , Accounted for as 42%. Most of the reasons for losing the lawsuit are due to the lack of evidence provided by the car owner , therefore , The relevant documents retained by the owner when purchasing the car will be an important evidence of rights protection in the later stage .

NBD Car interaction

Can Bentley owners apply for “ One for three ”?

This article is from WeChat official account. “NBD automobile ”(ID:NBD-AUTO), author : Huang Xinxu ,36 Krypton authorized release .

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