Sales recalled vehicle car dealer was sentenced to "lose one loss three" to pay 390,000

Car dealers sold the recalled vehicles to consumers, but they did not truthfully inform relevant information. Although after-sales sellers returned vehicles to the factory to eliminate hidden dangers, they still constituted fraud. According to Article 55 of the "Consumer Protection Law", consumers can receive three times the price of compensation.

In this issue of the business ring, you will tell a story like this: The car dealer knows that the vehicle belongs to the recalled vehicle, but still sells it to the consumer, and is eventually ordered by the court to refund the paid car purchase. Compensation for three times the car purchase.

The seller did not inform the vehicle that the recaller had lodged a claim to the court

In the first half of 2015, Ye Ping decided to purchase a car sold by a car sales company in the city after inspecting the cars of a number of vehicle dealers, and paid approximately RMB 110,000 in vehicle and insurance costs. Both parties agreed that the payment should be made the next day.

However, this vehicle was recalled by the vehicle manufacturer in the relevant government website in February of that year, and replaced the relevant parts for recalled vehicles free of charge to eliminate hidden dangers. Ye Ping bought one of the vehicles. After the car sales company returned the vehicle to the factory for replacement of parts, it was intended to be delivered to Ye Ping. Ye Ping did not receive the information after learning the situation.

Afterwards, the two sides have not negotiated how to resolve this matter. Ye Ping sued the car sales company to the Yubei District Court. Ye Ping believes that during the sales process, the car sales company did not inform her that the vehicle she purchased was a defective vehicle that should be recalled. There was a fraudulent act that required the return of the paid car purchase cost of more than 100,000 yuan and a compensation of three times the total amount of the car purchase. Ten thousand yuan.

When the case is heard in court, the car sales company believes that the recall announcement has been published on the public website. Consumers can be informed of the relevant information, there is no fraud, and the vehicle to be recalled does not necessarily have quality problems. It is only for the sake of safety to recall the vehicle. Hidden dangers; when the vehicle is delivered to consumers, it has eliminated hidden dangers and is a qualified vehicle. It should not be regarded as fraudulent activity.

This lawsuit, the two sides have always said each reason, and finally rang to the city of a middle school, entered the second instance.

Court supports consumer appeal

Car dealers sentenced to "lose one lost three"

Recently, the reporter learned from the City No. 1 Intermediate People's Court that after the case was heard, the collegial panel believed that according to China's “Regulations on the Implementation of Revocation Management Regulations for Defective Automobile Products”, manufacturers and operators of unremoved defects may not sell or deliver the use of automotive products. . When a car manufacturer decides to recall a batch or model car, it indicates that the batch or model of the car does not meet the related standards or endanger the safety of personal and property due to design, manufacture, identification, and other reasons. Recalls the elimination of hidden dangers. Although the vehicles in the recall scope are only likely to have potential safety hazards and are not necessarily in violation of relevant standards and standards, and whether the vehicles are actually returned in compliance with consumer voluntary principles, the vehicles still pose unreasonable risks to consumers and will Being placed under potential threats has a substantial impact on the consumer’s own rights and interests. At the same time, the relevant information on vehicle recalls will have a direct and significant impact on consumer judgment, selection, purchase, and use, so consumers have the right to know relevant information about vehicle recalls.

The car dealer in this case knows that the vehicle involved is a vehicle that should be recalled, but hides the fact and affects the buyer’s intention to make a purchase or purchase at this price, which constitutes a fraudulent act. To this end, the collegial panel supported Ye Ping’s lawsuit request and made the final adjudication, ordering the car dealers to pay Ye Ping three times the amount of compensation, totaling nearly 500,000 yuan, including 390,000 yuan in compensation. (The person named in the article is a pseudonym)

Judge dispel doubt

Why do the sellers constitute fraud?

In this case, the vehicle dealer failed to perform the obligation to inform and sell the vehicle that should have been recalled to the consumer. Although the sale eliminated the hidden dangers, did it still constitute fraud and was awarded three times the amount of compensation?

The second instance adjudicators of this case introduced that fraud includes deliberately concealing the real situation and deliberately telling false information. The former is a negative act, and the latter is a positive act. In this case, the seller had the obligation to notify the consumer of the relevant information about the recall of the vehicle, but it did not actively perform it, and it was intentionally concealing the truth. It is precisely because of this misconception that consumers have signed a car purchase contract with the seller. Therefore, the seller of this case constitutes a fraudulent act. Although sellers eliminate automotive safety hazards after sales, they cannot deny previous fraud.

Article 25 of the “Measures for the Implementation of Regulations on the Recall of Defective Automobile Products” clearly stipulates that if an operator becomes aware of a defect in an automobile product, it shall immediately stop the sale or lease. Therefore, sellers selling vehicles that should have been recalled constitute a fraudulent act in the Consumer Protection Act. Consumers have the right to receive three times the amount of compensation under Article 55 of the Act.

Audience's foot ring

Operators must talk about the principle of good faith

“Operators must honor the principle of good faith!” The judge of the second instance that handled the case stated that according to the relevant provisions of China’s Implementation Regulations on Recall Management Regulations for Defective Automobile Products, producers should implement a defective vehicle recall plan and should file a report with the product quality supervision department. And inform the seller and publish information in a manner known to the public to inform the car recall related information. At the same time, the quality supervision department should also promptly announce to the public the relevant information of the manufacturer's recall.

In this case, automobile manufacturers have filed, reported and announced in accordance with relevant regulations, but this does not exempt sellers at the end of the automobile operation from fulfilling their obligation to inform. For this reason, in the course of business, car dealers should diligently diligently diligently diligently oblige the company's law and diligence obligations into sales contract disputes according to the principle of good faith. Sellers should have a significant influence on the selection and judgment of consumers. Important information, promptly disclosed to consumers.

Second, in the era of the big information explosion brought about by the modern Internet, information asymmetry between information publishers and information receivers can easily be caused. Although the automaker in this case has recalled relevant information on the public website, consumers are not necessarily aware of this information from the online information ocean and consumers are not at fault. As a seller specializing in automobile sales, it is necessary to grasp the recall information of the automobile and inform consumers in a timely manner. This is also the requirement of the consumer's right to know on the seller.

If the seller is not honest and trustworthy in the sales, the final outcome may be "stealing chickens without eclipsing the rice", to get into court and compensate for the losses, not worth the candle.

Lawyers advise

Operators who fail to perform their obligation to inform will have unfavorable legal consequences

Chongqing Miaozhu Law Firm's lawyer Ni Shiyi stated that according to China's current "Consumer Protection Law," operators should perform consumer notification obligations to consumers. Specifically, the law stipulates that consumers have the right to know in the consumer’s rights, which means that they indirectly stipulate that consumers have the right to be informed of relevant information; at the same time, the law clearly stipulates the The person has the obligation to explain and warn about products that may jeopardize the safety of personal and property, as well as the truthful and comprehensive obligation of information on the quality, performance, use, and expiration date of goods and services.

Operators who violate the above notification obligations will bear the unfavorable legal consequences. First, compensation shall be paid to consumers, including fraudulent actions by the operator in providing goods or services, and compensation shall be increased in accordance with the requirements of consumers to increase compensation. The amount of money is three times the price paid by consumers for the purchase of goods or the cost of receiving services; secondly, if the administrative penalty is imposed, the administrative department for industry and commerce or other relevant administrative departments shall order corrections, and warn or confiscate the illegal acts according to the circumstances. Fines of more than twice as much as ten times as much as illegal gains, and no illegal gains, shall be fined not more than 500,000 yuan. If the circumstances are serious, they shall be ordered to suspend business for rectification and business licenses shall be revoked; and third, criminal prosecution shall be conducted. The "Criminal Law" in China The currently stipulated offences involving violation of the truthful disclosure obligations by business operators mainly include the crime of producing and selling shoddy products, the crime of producing and selling counterfeit drugs, the crime of producing and selling inferior drugs, the crime of producing and selling unhygienic foods, and the production and sale of toxic and hazardous foods. Crime, production, sale of inferior medical equipment, production, sales do not meet Full sin standard products, false advertising and other crimes.