Cases

FEBRUARY 2022

Subject of claim:

Collect the cost of the car, oblige to accept a low-quality car as a refund.

Basis of claim:

During the operation of the disputed car, noise was detected in the engine compartment. During the examination by the Plaintiff's expert, it was concluded that the uncharacteristic sound of the internal combustion engine is a factory defect. The basis of the claim is the consumer's claims regarding the quality of the goods and the timing of the elimination of deficiencies.

To verify the arguments about the presence or absence of a significant drawback of the disputed car, the court appointed a forensic examination. Based on the expert's conclusion, the court concluded that the sound declared by the owner when the engine is running is a normal consequence and does not indicate the presence of engine defects, that is, it is not a disadvantage. The court's decision denied satisfaction of the claims.

The full text of the court ruling can be found here:

https://viselkovsky--krd.sudrf.ru/modules.php?name=sud_delo&srv_num=1&name_op=case&case_id=96722439&case_uid=308017f3-01b9-44f2-bafb-e84b2e6da57f&delo_id=1540005