标题: 2012 Gong Xiansheng spent over 30 million on the purchase of the Audi A4 [打印本页] 作者: JK9YT4j410 时间: 2014-10-22 00:57 标题: 2012 Gong Xiansheng spent over 30 million on the purchase of the Audi A4 Core Tip
After repair of the New Buy
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Involving consumer fraud
June 8,scarpe hogan uomo prezzi, 2013, spent nearly 170,000 yuan bought a new car after the accident and found the car maintenance records on 24 May of the same year. And after unsuccessful negotiations car dealers, the two vendors prosecution. Wangcang People's Court on July 29 this year, the first instance verdict: the higher the seller Ziyang Chen Yufei Asia Automobile Sales & Service Co.,http://www.queshen2.com/home.php?mod=space&uid=59092, Ltd. has constituted consumer fraud, consumers paid a times car models, a total of 164,hogan scontate,300 yuan. And before he purchased the car still in his possession. However, the defendant said in court appeal.
"Zero accidents, zero maintenance records" This is Guangyuan Wangcang residents He Junming basic requirements for buying a new car, but its June 8, 2013 spent nearly 170,000 yuan to buy a new car, was hit in his start before discovery There are maintenance records. to the local people's court for both companies selling vehicles proceedings.
July 29 this year, Wangcang People's Court of first instance verdict, the plaintiff sold directly to automobile Hiroaki car sales company because of the fact that knowledge of vehicle maintenance is not liable. The parent company Hiroaki vendors constitute consumer fraud, consumers paid a times car models 16 million yuan.
Owners of the accident:
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The new car as much maintenance, "criminal record"
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Coordination unsuccessful owners angry litigation forum
June 8,moncler torino outlet, 2013, He Junming in Wangcang Hiroaki Auto Sales & Service Co., bought a KIA Sportage car series, spent nearly 17 million yuan, the new car factory time for 2013 January 30, is wangcang Hiroaki Since Ziyang Chen Yufei Asian Auto Sales & Service Co., Ltd. to purchase income.
But every car,moncler spaccio online,http://xiaogushi.9youe.cn/home.php?mod=space&uid=131200&do=blog&quickforward=1&id=2149438, always feel poor shift. 2013 "October" Golden Week, He Junming a person intends to self-driving tour. Morning, start the car after Ho,hogan prezzi bassi,http://bbs.sinabz.com/home.php?mod=space&uid=252260, found to be normal Guadang, while cars with shift jerky. He simply drive to Guangyuan 4S shop maintenance. However, Ho from the 4S shop car repair and maintenance records found the car in the May 24, 2013 due to the shift of vehicles stuck in Ziyang was replaced manual transmission differential lever pull.
"New car on the road is not five months, how have maintenance records?" He Junming this suspicions. To figure out the problem, He Junming find Hiroaki companies and the car sold to Wang Ming's on a vendor Ziyang Chen Yufei Asian Auto Sales & Service Co.,http://www.mydiyclub.com/home.php?mod=spacecp&ac=blog&blogid=, Ltd.. Both companies acknowledge that the car had been repaired before being sold.
October 30, 2013, submit an application to the Wangcang consumer rights association. After twice after consultation, the two companies have agreed to replace the sale of car parts for new car, free maintenance to the car several times,scarpe hogan donne prezzi, but did not mention retirement vehicles. "I bought a new car,woolrich sito ufficiale, vendors should give me a no flaws, no fault, zero maintenance records of the car." Ho said. The results of the consultation was rejected .
He Junming think they are car dealers cheat, after consultation with car dealers failed, to the courts huff.
Court of First Instance:
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Superiors vendors have constituted consumer fraud
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Another car owned by the defendant to pay the plaintiff 164,300 yuan
After six months after the litigation, as this car was repaired cars suck for a long time , after receiving the court verdict, sighed with relief.
Reporters from Wangcang People's Court judge handling the case officer that,outlet moncler,http://www.edit.ne.jp/~aino/custombbs.cgi/</icxquzmedktrjb/, after two court this year in March and April of trial,http://onigdesign.com/error.html, Wangcang People's Court of first instance verdict on July 29, that the plaintiff and the defendant Ziyang Chen Yufei Asia Automobile Sales & Service Co., Ltd. (Hiroaki car sales company superiors vendors) for the sale established. Judge handling the case said the accused at the time of sale is not the fact that the vehicle maintenance to the plaintiff expressly violated the right to information and freedom of choice of consumers, constitute consumer fraud, and bear a times consumers paid car payments,http://www.haojiyou1069.com/forum.php?mod=viewthread&tid=5303266, a total of 164,300 yuan . And before he purchased the car still in his possession. Direct sales to the plaintiff car Hiroaki car sales company,http://www.skiblog.de/forum/profile.php?id=1816, because of the fact that knowledge of vehicle maintenance is not liable.
said that although part of the appeal was not supported, but the relationship between the sale and the fact that fraud has been identified, he has been very pleased.
The defendant appealed
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The direct vendor only has a trading relationship and the plaintiff
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Will Guangyuan Intermediate People's Court proceedings
He Junming introduction, "but the defendant pleaded in court to continue the appeal, I will also be responding!" Reporter learned that the accused said they would Guangyuan City Intermediate People's Court verdict within 15 days after service of the statutory deadline.
Their reason is to insist that the plaintiff and the case of direct sales of its cars Hiroaki car sales company before the sale relationships exist, but they are only traded contract relationship with the company. Not just to have a sales invoice to determine their own existence trading relationship with the plaintiff; while recording just normal pre-testing, does not belong to maintenance records. Vehicle quality is no problem, no fraud, no legal basis for the plaintiffs to seek compensation.
Judge handling the case, said the legal basis for the verdict in this case is an old consumer law, "the selling of used goods or merchandise through maintenance without the express, belonging to consumer fraud" to determine the defendants violated the consumer's informed rights and the right to choose their actions constitute fraud, and shall bear the legal consequences.
Then the judgment, the defendant within 10 days after the entry into force of the verdict to compensate the plaintiff 164,piumini moncler outlet online,300 yuan car models. Hiroaki company is not liable for damages.
Lawyers say
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Under the new consumer law fraud can be three times the payment
According to the Sichuan Sichuan law firm lawyers Cao Yi, China's consumer law fraud on the operators, provides punitive damages. According to the new consumer law, in car sales and maintenance, once confirmed the existence of fraud operators, may require the operator to press the consumer purchase price of goods or services received three times the cost of compensation; insufficient amount of increase in compensation Five hundred, five hundred dollars. The case occurred before the new law,hogan donne, the old law to increase the amount of compensation turnover doubled.
Cao Yi lawyer said that the so-called fraud refers to other divisions of deliberately false information or intentionally concealing the true situation,moncler sito ufficiale outlet, based on the intention to induce the other party to make a wrong judgment. Specific circumstances, in addition to the present case, according to previous practice cases, such as the sale of the vehicles also have accident records, maintenance without adding unnecessary maintenance projects,hogan uomo, a used car dealer to sell when the new car, or put a the return of "three guarantees" to sell the car when the car, the vehicle does exist design, manufacturing defects. Chengdu Chinese Commercial News reporter Liang Liang
Related Links
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Show cars as new car sales
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Back a penalty a court sentenced
According to Xinhua March 14, 2014 reported: owners of single ladies Anhui forthe purchase of new cars, vehicles actually had participated in the exhibition "old", but this did not agree with the 4S shop, insisting that the show car is new car. After unsuccessful negotiations the two sides, single ladies the 4S shop to court, after hearing, the court finds that the 4S shop constitute fraud, the verdict returned and no amount paid to double its car models.
When the new car selling used cars
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Court sentenced to double the return
2012 Gong Xiansheng spent over 30 million on the purchase of the Audi A4, but found that the car was actually old, Gong Xiansheng will auto 4S shop to court, require double compensation 620 000 car models and compensate the purchase of vehicles Other costs 80,000 yuan. Haidian Court of First Instance ruled in favor of the request Gong Xiansheng of double compensation. The field inquest, the court held that the 4S shop intentionally concealing the true situation of the vehicle acts constitute consumer fraud, so the decree of its car models double compensation and other costs 70 million yuan. (Xinhua)
(Original title: 170,000 selling "new car" car dealer has lost 160,000 loss)