Subject of claim:

Refund of car purchase price

Basis of claim:

Repeated rectification of various defects which resulted in failure to use it within 30 days in the last year of the warranty period.

In the course of legal proceedings, it was found that all the faults had been eliminated by the moment the claim was filed. Nevertheless, the buyer continued using the car; therefore the court dismissed the claim. This judgement was overturned by appeal, satisfying the consumer’s claims. The cassation ruling remanded for retrial to the appellate court, which found that there were no defects in the goods and upheld the court ruling to dismiss the claim.

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

https://oblsud--mo.sudrf.ru/modules.php?name=sud_delo&name_op=case&_id=37415305&_uid=1eafbc9c-36f4-4c27-a020-b4d1dd58b781&_deloId=1540005&_caseType=&_new=5&srv_num=1