CCTV News:Recently, a video of "female car owner sitting on the roof crying" was circulated on the Internet. With the increasing popularity of the Internet, the quality dispute of automobile products behind the video entered the public’s field of vision, which aroused widespread public concern. So what is the ins and outs of this incident, and what legal issues are involved? Yesterday, the female car owner accepted an interview with the rule of law online column, detailing the course of this incident.
At the beginning of 2019, facing the upcoming 30th birthday, Wang Qian, who lives in Xi ‘an, decided to buy himself a car as a birthday present. After many comparisons, Wang Qian finally ordered a Mercedes-Benz CLS300 car in Xi ‘an Lizhixing 4S store.
Mercedes-Benz owner Wang Qian (pseudonym): "I paid a deposit around February 25th, and paid the deposit on the same day. He has a contract for buying a car, which is equivalent to signing it. Then he will help me with some loan things, and then he will inform me when the loan is completed. "
More than twenty days later, Wang Qian received a notice from the 4s shop. However, just after she paid the down payment, insurance and other expenses, she was told that she needed to pay another fee separately.
Wang Qian (pseudonym): "Then he finally said that you have run a Mercedes-Benz finance, so our relevant personnel should communicate with you. Then communicate, that is to say, to make sure whether you handled it yourself. Finally, he told me that you have a fee to pay here. At that time, I also felt that I was paying money that day. Anyway, I made psychological expectations. Then I said that I would swipe my card. He said that you can’t swipe your card with this money. WeChat is still Alipay. I questioned, I said, why can’t I swipe my card? Then when the question is over, the person is gone. " After waiting for more than twenty minutes, Wang Qian still hasn’t seen the former staff member.
Wang Qian (pseudonym): "I’m anxious, because at that time, I basically did everything I should do. This is the last sum of money, so I’ll call the sales, and then when I sell it, I’ll say, Sister, then don’t embarrass me. Give me a QR code and say you scan it, and I’ll say it’s more than 15 thousand. When I say my mobile phone is limited, I’ll give it to him twice, more than 10 thousand and five times."
Although after many twists and turns, Wang Qian finally paid all the fees required by the dealer, but on this day, Wang Qian still failed to drive the car away.
Wang Qian (pseudonym): "After giving this money on March 22nd, he asked us to talk about something, and then let us go first, saying that he showed us a car, and then he said that this car was yours, but it was a little dirty. He said that this car was covered with gray because of transportation or something, so it was necessary to wash it, give me a maintenance and make me a PDI."
Contact the 4S shop if you find any problems after picking up the car.
According to Wang Qian’s recollection, the salesperson at that time asked her to choose the license plate number in advance, so that the next car pick-up and licensing could be completed on the same day. In this way, five days later, on March 27, Wang Qian finally waited for the day of picking up the car and licensing.
Wang Qian (a pseudonym): "When I picked up the car, I repeatedly said that before I drove away, I said it was okay, and everything helped me do well. Elder sister, don’t worry, you know what cushions you are looking at, right? It was quite pleasant at the time. "
In the afternoon, Wang Qian drove away from the store, ready to go to the vehicle management office to license the car. Because there was not much gasoline left in the car, under the reminder of the sales staff, Wang Qian first went to the gas station opposite the 4S shop to refuel the car. What Wang Qian didn’t expect, however, was that just after driving to the entrance of the 4S shop, a yellow light on the dashboard turned on.
Wang Qian (pseudonym): "Just go out. After going out, the yellow light flashed at the door. Then we will go to refuel, and then start it after refueling. It has this again. As far as its yellow prompt tone is concerned, please add one liter of engine oil when refueling next time. " Wang Qian was puzzled by such a message on the bus, and then she dialed the telephone of the salesperson.
Wang Qian (pseudonym): "Then I called the sales person. At that time, he was probably busy. He still had a car that the owner was handing over. Maybe he was busy all the time. Then when I was busy, I simply said, it’s nothing. It’s a small matter. You drive the car back and I’ll help you add money."
Listening to the relaxed tone of the salesperson on the other end of the phone, a stone hanging in Wang Qian’s heart fell to the ground. Since it was not a big problem, she drove the car to the vehicle management office as planned, and let the staff of the 4S shop complete the formalities for her car registration.
Wang Qian (pseudonym): "When the car was handed over to me again, he went through all the formalities, about three o’clock (afternoon). Then I started calling my American friends and family one by one to show off. Park the car there and take a picture or something. When I was ready to go on the road after showing off, its light came on again. This light is very strange, that is, it will light up every time you start it. "
Wang Qian’s doubts rose again when the engine fault light was lit again, so she took pictures of the fault light with her mobile phone and sent it to the staff in the 4S shop. Soon, she received a call from a salesperson.
Wang Qian (pseudonym): "The salesman called us, which means to explain that the car is an imported car. In the process of transportation, its engine oil may evaporate, but your car is an imported car, and I can’t add oil to you casually. Then you have to drive it back. When do you have time, I will make an appointment for you."
So, according to the agreement, Wang Qian drove to Xi ‘an Lizhixing 4S store on the morning of March 28th to solve the problem of oil alarm. "Arrived at ten o’clock, and when they got to the door, they took my car keys and car away. I haven’t touched that car since. "
Repeated communication 4S shop solutions change again and again
At that time, Wang Qian didn’t expect that she would never drive the car that she bought for herself as a birthday present. What’s more, this car brought endless troubles to herself. According to the explanation given to her by the staff of Lizhixing 4S store, her car can return to normal as long as it is replenished with oil. However, after waiting for more than two hours in the 4S shop, her car hasn’t come out yet.
Wang Qian (pseudonym): "After 12 o’clock, I said that the oil hadn’t been filled yet, so I urged him to call him and let him come over. After he came over, he explained to me that my sister was like this. It was no problem to fill the oil for you, but now your system needs to be upgraded." He said why? He said, look at your new car. It seems that the new car just wants Germany to help you do some system upgrade. He said that if you don’t do this, you go back first, and I’ll fix it for you and send it to your home. "
Because there was work in the afternoon, there was no way, so Wang Qian had to leave the 4S shop. At three o’clock in the afternoon, Wang Qian didn’t wait for her new car, but she received a phone call from the staff of the 4S shop asking to meet her.
Wang Qian (not his real name): "Then they brought in two salesmen, one after-sales vice president, and then a technology. After coming, the after-sales vice president probably told me that my engine was leaking oil, and then asked me to authorize them to take my engine apart for testing and find the leak. I thought it was a bolt from the blue, right? I said how the engine leaked oil, didn’t I say it was just a system upgrade? Didn’t you say that you just need to add oil? "
Subsequently, Wang Qian and the staff returned to the 4S store together. Here, she got a test report about her new car.
Wang Qian (pseudonym): "Three items are abnormal, and then the main content written below is that the engine leaked oil on March 27th. Then with this test report, they said to give them some time to solve it. That is to say, give them three days and give us an answer on April 1. "
In desperation, Wang Qian had to agree. On April 1st, Wang Qian didn’t receive any news from the 4S store, so he called on his own initiative to ask about the situation.
Wang Qian (pseudonym): "If you talk about the refund later, you will hardly do it because it is too much trouble, right?" He said to change trains. Then I asked him a question, and I said, let’s just say that my car has been licensed and paid taxes. How can this process go? He said they would do it all, so believe him. I will pick up the car after 3 days, that is April 4. "
Before the arrival of April 4th, Wang Qian received a call from the 4S store again. This time, the plan put forward by the other party has changed again.
Wang Qian (pseudonym): "He is like this. According to their discussion with the factory, it is impossible to return it. He said, well, can we negotiate a plan? I’ll give you a replacement engine as compensation, and treat your car as a second-hand car, or it will depreciate because of the replacement engine, so I’ll make it up for you. Then I calculated an account, about 150,000 to 200,000. I said when I could pick up the car, and I probably said there were still a few days to change this. He said April 8. "
In this way, the date of picking up the car was dragged to April 8. In desperation, Wang Qian, who only wanted to get the car as soon as possible, had to compromise again. However, on April 8, the other party changed its mind again.
Wang Qian (pseudonym): "On April 8th, when I called him again, my attitude changed. He told me that according to the national three guarantees, you can only change the engine. If you change the car, you have to change the engine twice before you can change the car. Then I said, but didn’t we have a good talk the other day? He said I didn’t. He said you might have misheard me. Maybe the salesman told you. I said it was you, but he said it was impossible, so he immediately turned back. At that time, my feelings were really deceived by people. "
According to Wang Qian’s recollection, not only was the result unacceptable to him, but the other side’s attitude was also very tough. "That is to say, the national three guarantees are laws and regulations. If you don’t understand, you can check it. You can also call 12315 or consult a lawyer. The answer is particularly hard."
There is no result in defending rights. Go to the 4S shop again to discuss.
Until then, Wang Qian suddenly realized that during the more than ten days from March 27th to April 8th, he gave in step by step, but the result was that he deviated from his original demands more and more. Wang Qian decided to ask for help from Mercedes-Benz after-sales and consumer associations.
Wang Qian (pseudonym): "Then on April 9th, I started calling 400 again, just like on April 8th, calling 400, complaining to 12315, and making various calls again, but it was still fruitless." In desperation, Wang Qian decided to go to the 4S store again to ask for a statement. This process was photographed by other people in the store at that time, and there was the video that was widely spread on the Internet.
Wang Qian (a pseudonym): "My emotions were complicated. The rational voice and the perceptual voice were all kinds of voices, which were intertwined. Maybe I was impulsive. I ran to the 4S shop without saying anything. Because I was noisy there, many people gathered. "
With the increasing popularity of video on the Internet, relevant departments began to intervene in the investigation.
Wang Qian (pseudonym): "On April 12th, the director of the industrial and commercial office called me and said that they had sealed my car, and then he hoped that I would cooperate with the investigation. He hoped that I would go to the industrial and commercial office to collect my evidence, including the contract, including providing my identity certificate. They had to make an understanding and record, so the morning of April 13th passed."
On April 13th, Wang Qian submitted information to the joint investigation team at the West Electronic Mall Industrial and Commercial Office of the High-tech Branch of Xi ‘an Municipal Market Supervision Bureau. She put forward eight demands, including investigating the history of the vehicle, testing the vehicle, demanding a public apology from Mercedes-Benz, and giving mental compensation. During this period, Wang Qian also communicated with the person in charge of the profit star Mercedes-Benz 4S store.
Wang Qian (pseudonym): "She suggested that you should change the engine according to the national three guarantees. But out of our personal sympathy and affection for you, we are willing to change your car or refund it. In this passage, I think she is evasive, and I think we are consumers. Formal and reasonable rights protection, all I want is a statement. It is unfair to you and me that you are forced by public opinion to return this car or refund it. If you haven’t done anything wrong, why do you refund me this money? "
Wang Qian said that although her initial appeal was to return the car, at this stage, she could not accept the refund promise made by the Mercedes-Benz 4S store of Lizhixing. And this is precisely to avoid the result of this incident moving towards "distribution according to noise".
Wang Qian (a pseudonym): "We originally wanted to tell others how to buy a car or protect our rights formally, or whether we can avoid you from falling into some traps in the future, right? Or some deception, if I become that there is nothing wrong with your Mercedes-Benz, under the pressure of public opinion, after returning this car to me, will others follow my example? Said that when it comes to this matter, don’t worry about who is right or wrong, let’s go and make trouble with him. There will be after the fight. Then I slapped my ass and my business was solved. There’s no point. I don’t want girls to solve problems like me next time. "
As for the cyber violence and privacy violations that accompany the internet craze, Wang Qian said that she hoped that everyone’s attention should be focused on the incident itself, rather than digging deep into her personally.
At present, the market supervision department of Xi ‘an said that it has filed an investigation on "Lizhixing" and will further investigate and verify relevant evidence. In view of the problem that Wang Qian was charged with "financial service fees", China Banking and Insurance Regulatory Commission of China has asked Beijing Banking Insurance Regulatory Bureau to investigate whether Mercedes-Benz Auto Finance Co., Ltd. has illegally charged financial service fees through dealers.
Interpretation of legal provisions by experts aiming at key issues
How is the law specifically stipulated for this situation encountered by female car owners? In this regard, we also interviewed relevant legal experts.
Focus 1: Can I ask for a car return?
Chen Yinjiang, Deputy Secretary-General of china law society Consumer Protection Law Research Association, said: "Actually, after you buy it, according to the Consumer Law, as long as you have problems within seven days, and you ask for a refund within seven days, you have this right, consumer. Then if you exceed seven days, it depends on whether you have an agreement to supplement the contract. For example, it is stipulated by both parties that there is a special agreement on returning the car in the contract, so you should implement it according to the agreement. If you don’t have an agreement, it will be implemented in accordance with the provisions of the return, replacement and repair stipulated in the Three Guarantees Law. "
Experts explained that in this case, because the female car owner put forward the demand of returning the car within seven days, according to Article 24 of the Consumer Protection Law, if the goods or services provided by the operators do not meet the quality requirements, the consumers can return the goods according to the state regulations and the agreement of the parties, or ask the operators to fulfill the obligations of replacement and repair. If there is no state regulation and agreement with the parties concerned, consumers can return the goods within seven days from the date of receipt.
Focus 2: Is the financial service fee reasonable?
Zhu Wei, deputy director of the Communication Law Research Center of China University of Political Science and Law: "I think it has a certain gray nature, because it first defrauded consumers; Second, whether it violates the national financial policy; Third, where does this source of funds come from? Does it involve the issue of fair competition? Is this commission a commercial bribe? What is this? "
Focus 3: Can you claim triple compensation?
Chen Yinjiang, Deputy Secretary-General of china law society Consumer Protection Law Research Association, said: "If he sold the vehicle to consumers without being tested, then his situation is suspected of fraud, which is one aspect. There is another one. If he detected a quality problem in this vehicle before, and he didn’t tell the consumer, he concealed the real situation of this vehicle, and he was also suspected of fraud. "
Zhu Wei, deputy director of the Communication Law Research Center of China University of Political Science and Law, said: "Then if this case is identified as fraud in the court or in the procuratorial department or in the government supervision department, I think consumers can completely claim a refund of one and three in accordance with the provisions of the Consumer Protection Law."
Protecting rights depends on crying? What are the normal channels for safeguarding rights?
Then, if an ordinary consumer encounters such problems as female car owners, what are the channels for normal rights protection? Why do female car owners have to cry to get attention, and what kind of problems does this reflect? How should government management departments solve these problems?
According to legal experts, there are five ways to solve the problem of female car owners, namely, negotiating with dealers, asking for help from consumer associations, reporting to market supervision departments, applying for arbitration to arbitration organs, and bringing a lawsuit to the court. At the same time, for durable goods such as automobiles, the burden of proof lies with the merchant.
Chen Yinjiang, Deputy Secretary-General of china law society Consumer Protection Law Research Association: "In the newly revised Consumer Law in 2014, it is clearly stipulated that if a durable commodity like a car appears defective within six months and there is a dispute between the two parties, the burden of proof should be borne by the merchant."
However, with so many ways, why did things evolve to this point?
Zhu Wei, deputy director of the Communication Law Research Center of China University of Political Science and Law: "If the Consumers Association or the industrial and commercial administration department intervened as soon as possible, things might not develop to this day. It may be that the channels are not smooth, or it may be that she misled her by listening to other words from the 4S shop."
Legal experts believe that the difficulty of defending the rights of female car owners reflects the main problems in two responsibility, one is the car dealer and the other is the government management department. Among them, compared with car dealers, consumers have certain judicial weakness, and the parties may have to give up their rights protection because of economic costs, time costs, evidence collection costs and other issues. Legal experts believe that punitive damages should be increased to really make offenders feel pain.
Zhu Wei, deputy director of the Communication Law Research Center of China University of Political Science and Law, said: "Now our country’s product quality law has been revised this year, and the direction of revision now, an important direction is to make a punitive compensation. Once punitive damages come out, all these enterprises will not dare to do so after that because the illegal cost is too high. "
Legal experts believe that this case also reflects some problems in the government management department. For the way to protect rights, legal experts suggest whether the government department can have a batch process so that ordinary people can protect their rights more smoothly, instead of letting the people look around.
Zhu Wei, deputy director of the Communication Law Research Center of China University of Political Science and Law, said: "Should there be a batch process for daily consumers to encounter such problems? The people don’t know what they are mainly in charge of, but there are regulations inside. Even if this matter of this department is not under the control of our department, it will be transferred by itself. Therefore, people should complain once, and batch processing can always be solved later. With such a strong backing and such a huge punishment, I think such things will be less and less in the future. "
