Can consumers claim "one refund, one compensation, and three compensation" for electric vehicles that cannot be registered? Recently, the People's Court of Pingyi County, Shandong Province mediated a dispute over an electric vehicle sales contract. The defendant, an electric vehicle operating department in Pingyi County, compensated the plaintiff, Wang, for the losses caused by the inability to license the electric vehicle in a lump sum. In May 2022, Wang spent 4000 yuan to purchase a well-known brand electric vehicle from an electric vehicle operation department in Pingyi County. Shortly after going on the road, he was stopped by traffic police and reminded that his electric vehicle needed to be registered and registered before it could be put on the road. Wang brought the vehicle certificate and purchase invoice issued by the merchant to the local vehicle management office to handle the registration procedures, but was unexpectedly informed by the vehicle management office that the product model, parameters, and manufacturing date on the certificate did not match the actual vehicle and could not be registered. After multiple communications with Wang, the merchant issued two different certificates of conformity to Wang, but both were inconsistent with the actual vehicle information. Wang still failed to license the electric vehicle. Feeling deceived, Wang sued the merchant to the court, demanding the termination of the contract, a refund of 4000 yuan for the car purchase, and compensation of 12000 yuan for three times the purchase price. Before the hearing of the case, the presiding judge explained the law and reasoning to the Electric Vehicle Business Department, informing them that they had issued three different certificates of conformity to Wang for the same electric vehicle, and the information on the certificates was inconsistent with the actual situation, which led to Wang's purchase of electric vehicles based on false information. According to Article 20 and Article 55 of the Consumer Rights Protection Law of the People's Republic of China, it should be deemed as fraud, Wang has the right to claim compensation for three times the purchase price. Furthermore, the electric vehicle involved in the case purchased by Wang cannot be legally driven on the road due to the inability to license plate, resulting in the inability to achieve the purpose of the contract. Wang also has the right to terminate the contract and request a refund of the purchase price. After understanding the legal consequences, the merchant fully realized their wrongdoing and expressed willingness to accept mediation. Wang also alleviated the opposing sentiment. In the end, the person in charge of the electric vehicle business department paid compensation to Wang in court through WeChat. The case was successfully resolved. The judge stated that consumer fraud refers to the act of an operator using false or other improper means to deceive or mislead consumers in the process of providing goods or services, causing damage to their legitimate rights and interests. In this case, the actual information of the electric vehicle purchased by the consumer is inconsistent with the registration information of the certificate of conformity, resulting in the consumer being unable to legally register and drive on the road, and the seller's behavior constitutes fraud. During the shopping process, consumers have the right to know the true situation of their purchase, use of goods, or acceptance of services. If the merchant engages in fraudulent behavior, consumers can not only request returns and refunds, but also demand triple compensation from the merchant. Consumers should have a rational consumption awareness and not trust propaganda lightly. Especially when purchasing bulk commodities and large services, they should pay attention to verifying product information and after-sales services, and properly retain relevant shopping vouchers and other evidence materials. In case of disputes, they should protect their legitimate rights and interests through legal means. (New News Agency)
Edit：Ying Ying Responsible editor：Shen Chen
Source：rmfyb.chinacourt.org
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