Nowadays, more and more people are already able to afford a car, and there are more and more complaints. On March 12th, statistics from the Urumqi City Administration for Industry and Commerce showed that in 2013, vehicle complaints jumped to the top, and car consumption problems became a new hot spot.
According to Weng Jian, director of the Consumer Protection Department of the Urumqi Industrial and Commercial Bureau, in 2013, there were 1,245 complaints about transportation, accounting for 12.41% of the total number of complaints, an increase of 3.32% over the previous year. The main problems of automobile complaints are: the merchant does not fulfill the contractual agreement; there are many auto maintenance disputes, such as: delaying the maintenance time; the vehicle can not be eliminated after repeated repairs, and unnecessary auxiliary parts and more work hours are replaced during maintenance; the vehicle cannot enjoy Subsidy concessions; sales of reserved vehicles to others; hurry to increase the price of cars; mandatory insurance. In the interview, the reporter learned a lot of car consumption problems and solutions from the complaints, and may solve some confusion for you.
"Deposit" and "deposit", the difference between the words is significant. On April 12 last year, a couple in the consumer season called the "12315" complaints and complaints hotline. Due to the problem of buying a car, they had a conflict with the merchant and thought of it. Call 12315 to make a complaint. The case was transferred to the mediation of the Tianjin Road Industrial and Commercial Office.
It turned out that Ji’s couple ordered a car at a car sales company on March 15 and paid a deposit of 20,000 yuan. Later, because I didn't communicate well with my family, Ji's family bought the same model in Chengdu. One can't buy two cars. So Jiu asked the merchant to return the deposit, but the merchants are not willing, and finally the mediation department will mediate. The Tianjin Road Industrial and Commercial Office explained the relevant legal provisions to the merchants, and the 4S shop will refund the 20,000 yuan deposit to the consumers.
The case handler told the reporter that the case was not only a dispute over car purchase, but also a type of contract dispute. The dispute between the purchaser and the car dealer of the car purchase deposit belongs to the contract dispute that realizes certain economic purposes. The key to the dispute between the consumer and the car dealer is the difference between the “deposit†and the “depositâ€. The difference between the words is significant. .
The "definite" of the "deposit" is fixed in the contract for the purpose of this matter. It cannot be changed. As the contracting parties, as long as the contract and the effective contract cannot be changed, the terms can be changed unless the parties agree. If one party breaches the contract, it will bear certain legal consequences. If the contract is not fulfilled as required, the buyer will not be able to recover the breach of the contract, and the seller’s default will double the buyer’s payment.
The "booking" of "deposit" has the meaning of prepayment in the contract, which means that there is room for manoeuvre. It is not a contract that has already taken effect. It can be changed. It is only the intention of consumption. Both parties can change, and the two parties will not bear the corresponding Legal Consequences.
In this case, the Tianjin City Road Industrial and Commercial Office of Urumqi mediation based on the relevant provisions, both sides have no objection, no matter to the operators or consumers, is a warning, to achieve the effect of mediation and legal and regulatory publicity.
"Three Guarantees" and "Single Package", service "shrinkage" is not discussed: Consumer Mr. Yin spent nearly 100,000 yuan to purchase a new car, just a week after driving home, the engine has an abnormal sound several times, and the vibration sound Especially large. Subsequently, Mr. Yin sent the car to the brand car 4S shop for 2 consecutive repairs, still can not rule out the fault. Mr. Yin believes that the new car has been used for less than a month, the engine is frequently troubled, and the heart is very uncomfortable. The merchant is strongly urged to replace the new engine, but the car sales company refuses to replace it. When negotiating to solve the problem, the two sides had a dispute, and Mr. Yin had to ask the industrial and commercial department to coordinate the settlement.
After receiving complaints from Tianjin Road Industrial and Commercial Office, it was confirmed through investigation that Mr. Yin reflected the facts. After the law enforcement officers repeatedly communicated with the car sales company and the manufacturer, the manufacturer agreed to replace the driver with a new engine of the same value as soon as possible, and save the consumer an economic loss of 15,000 yuan. In response to this result, Mr. Yin expressed satisfaction and the complaint was satisfactorily resolved.
The handling staff told the reporter that such a situation can be said to be a situation in which the "three guarantees" have shrunk. Many auto operators have only repaired and replaced parts and components during the "three guarantees" period of the automobile, and they are exempt from warranty. During the period, consumers are provided with the responsibility and obligation to replace the whole vehicle and return the vehicle. Because the business and consumer knowledge is not equal, in the maintenance and repair, you will encounter the accessories shoddy, only change and repair, high maintenance costs.
As a commodity, a car has a particularity that is different from other ordinary home appliances. There are thousands of parts in the car, and they come from different manufacturers. Under such circumstances, the implementation of "three guarantees for cars" has higher requirements for manufacturers, but it cannot deprive consumers of the rights they should enjoy and exempt the auto operators from their obligations and responsibilities.
Both the Product Quality Law and the Consumer Rights Protection Act clearly state that sellers and manufacturers should be responsible for repairs, replacements, and returns when quality problems arise. Article 45 of the Law on the Protection of Consumer Rights and Interests stipulates that “the operator shall be responsible for repairing, replacing or returning the goods subject to the provisions of the State or the contract between the operator and the consumer for repair, replacement or return.â€
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