Mercedes Benz 4 s shop to buy back the trouble

Mercedes Benz 4 s shop to buy back the trouble-causing car consumer rights failed three years

In fushun of ms Yang spent 350000 yuan in 2010 in shenyang a Benz 4 s shop to buy a new car, insurance found that when the car was produced two accident "trouble-causing car". In disappear assist in liaoning province held a hearing on complaints, the experts agreed that the Benz 4 s shop fraud fact is clear, however, the activist case went on for three years without results.

Ms Yang on May 26, 2010 at Mercedes - Benz (China) auto sales co., LTD. Liaoning, authorized by the automobile sales and service co., LTD. (dongling, store) for a new model for C230 mercedes-benz cars.

Ms Yang recalled, when sales personnel introduces, the Mercedes Benz is headquarters required each 4 s shops must be equipped with paint. Since open when driving, so the price give preferential. Brand new and in perfect condition favorable price moved ms Yang, clinch a deal finally with 350000 yuan. Ms Yang show car paper "deposit certificate" and the purchase contract, are marked with the words "new cars, test drive".

Ms Yang to the insurance company, however, the commercial insurance formalities, only to find that the insurance records, in 2009 the car had two compensation of the accident, a total of 34000 yuan for compensation. "I can't stand is 350000 yuan to buy a prius." Ms Yang said.

Then, ms Yang negotiate with 4 s shops, request the original car back, only to find that simple rights request has been delay again and again. "Said sales personnel began to help me to report the situation to them and then said sick don't go to work,'re puzzling disappeared, rising company said she quit the job. Then there is a claim to the company manager who received me, said the boss didn't come back, went to Germany to me, and so on. Then said will have a meeting, every time receive my attitude is very good, but is not solve the problem." Ms Yang said.

In desperation, Ms. Yang to liaoning province consumer association complaints, liaoning disappear assist specially held a hearing about the matter. After the hearing, disappear assist organization rights experts to verify evidence agree that 4 s shop behavior suspected of fraud. "Traffic accident may cause the value of the vehicle derogatory, vendors must tell consumers. According to the stipulations of article 49 of the consumer protection law, 4 s shops should return to ms Yang, financing, and should compensate in accordance with the law." Consumer activist lawyers will honor our lawyer said.

Mediation opinion of consumer advocates, 4 s shops in legal adviser said refused, say there is an arbitration clause written in the contract, ms Yang if you want to maintain rights and interests, you can go to apply for arbitration. So, Yang lady picked up the legal weapons, to apply for arbitration in accordance with the contractual requirements. And the 4 s shops and exploited a contractual loophole, request the court to arbitration clause, "program" battle to legal.

On the program for a walk, several rounds down, and two years later, this is considered "the facts are clearly" the rights of the case still not through formal trial procedure.

Ms Yang to rights, three years have spent twenty thousand multivariate, shenyang, fushun, dozens of times. "Such a large Mercedes brand shop, when sales gimmick, play a trick on the contract, let me down. In the past three years, I often feel very tired, but the thought of such a simple scheme to evade sanctions, my in the mind very humbled." Ms Yang said.

Currently, ms Yang's rights litigation will usher in court, she said, whatever the outcome, she will "stick to it, to seek justice."

Liaoning province consumer association rights commissioner said ask for ms Yang's rights predicament, disappear assist organizations will be sustained attention. He also said, in recent years, auto makers to hide vehicles has had a major accident or other important flaws, hide vehicles use record, is becoming a trend, and, when this kind of behaviour against the obligation of good faith, vendors often not actively compensate measures, but often shuffle wrangling. To this, relevant departments should attach importance to and actively take preventive measures, improve the illegal cost and decrease the difficulty of the rights to safeguard the good consumption environment. (hangzhou) in the early