With the development of the automotive industry and the continuous improvement of the automobile recall system in domestic legislation, it is not uncommon for car recalls. The judge of the Third Intermediate People's Court of Beijing reminded that in the case that the seller constitutes commercial fraud, the consumer has paid a deposit and may request a refund of three.
On July 25, 2015, consumer Chen signed a sales contract with a brand car dealer, and the two parties agreed to purchase the vehicle model and the total price of the vehicle. After the contract was signed, Chen paid a deposit of RMB 10,000. After Chen participated in the car-buying campaign in the sales hall, he invited WeChat friends to help him bargain, and friends reminded Chen that the vehicles he purchased were within the scope of the recall. Chen asked the salesperson for evidence, and the salesperson denied and insisted that the vehicle had no quality problems. After Chen verified, the salesperson said that he was not honest, and he did not pay any money to the seller. The car dealer did not deliver the purchased vehicle to Chen. Chen confessed to the fact that the auto dealers and producers concealed the fact that the recall of the vehicle constituted fraud. The prosecution required the seller and the manufacturer to refund the deposit of 10,000 yuan and triple the compensation.
The Beijing No. 3 Intermediate People's Court of the Second Instance Court held that, on the day before the seller sold the car to Chen, the relevant department issued a notice to recall the vehicle involved. According to the regulations, when the automobile producer decides to recall some vehicles, the record recall plan should be reported to the seller at the same time. Therefore, the seller should know at least the fact of the vehicle recall on the day of notification and immediately stop selling the defective automobile products. The car sales platform in this case conceals the fact that the vehicle was recalled and sold, which constitutes commercial fraud. Therefore, he supported Chen’s request for a refund of the deposit and a three-fold compensation.
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