The weekly quality report reflects the bmw owner's difficult rights path。
According to the weekly quality report, the draft amendment to the consumer protection act not only increases the amount and scope of compensation for punitive provisions, but also introduces innovative systems. In september 2011, a bmw 120i car was purchased in sian by a regular flyer who lives in shaanxi zirin, and in less than half a year there were frequent failures. Since april 2012, mr. Chang has been making constant requests to the 4s and bmw headquarters in china, and to this day the problem remains unresolved and the path to rights protection is extremely difficult。
Bmw's more than 10,000 miles
The frequent flying indicates that the bmw official maintenance manual indicates that the maximum consumption of oil per 1,000 km per bmw engine is allowed to be 0. 7 litres. Mr. Chang measured his own consumption of oil per 1,000 km, which exceeded the bmw officially declared limit, while at bmw's 4s, the result was 0. 2387 litres per 1,000 km. The results of another 4s store were 0. 65 litres per 1,000 km。
Because of the discrepancies in the data, mr. Chang considered that the data measured by the 4s store were questionable and suspected of forgery, and he began to address the problem to bmw china, which, however, was a normal phenomenon, according to bmw customers, provided that the quantity of oil consumed by bmw was within 0. 7 litres。
Even with the results of the 4s test, mr. Chang's car did not wait for 10,000 kilometres of maintenance, and the oil was burned out. The problem of engine oil has not yet been resolved, and the engine went out and the steering wheel stopped after a trip in april 2012. "i think i bought a coffin that was going to send me to hell." as a result of the local inspection of the 4s shop, there was no malfunction and it was perfectly normal。
According to mr. Chang, in less than a year, the bmw he purchased was followed by engine outbursts, car noises, engine oil leaks, door failure, skylight failure, brake failure, etc., not only without a reasonable explanation, but he was outraged by the arrogance of the 4s shop and the official attitude of bmw in china。
The official reply confirms that the vehicle is clearly malfunctioning
Starting in august 2012, mr. Chang began filing a complaint with the general directorate of quality inspection, and in november, the department of immigration and inspection and quarantine of shaanxi province organized an on-site test with the staff of two 4s shops, siam yungbao and ginjiang jinbao。
In the on-site aide-memoire signed by the quartet, mr. Chang's response to the sudden engine failure was confirmed four times at the scene。
In a subsequent reply to the regular flyer's letter, shaanxi department of immigration and inspection and quarantine made it clear that his vehicle did have skylight failure, door failure, engine oil leaks, car noises, and that there was a clear contradiction between the maximum oil consumption allowed in the bmw maintenance service manual and the 10,000 km maintenance cycle。
Bmw: not recognizing quality, just agreeing to buy back
However, bmw china and bmw 4s did not accept the above questions, as identified in the letter of reply from the department of immigration and inspection and quarantine in shaanxi province。
In his response, the bmw side found that his behaviour had been provocative, seriously disrupting the normal order of the company, and that there had been no agreement on the related buy-back and compensation. With regard to the eventual vehicle disposal programme, bmw china headquarters considered that the contract for the trade in used vehicles proposed by xian yongbao's 4s store should be applied. Other compensation may be settled by separate agreement upon the completion of the repurchase of the vehicle, on the basis of the corresponding invoice provided by mr. Chang。
In response to the response of the chinese headquarters in bmw, mr. Chang stated that he could not accept it because, for him, for more than one year, he had paid far more to defend his rights than he had paid for his car。
Although mr. Chang's experience in the area of human rights protection had been difficult, he was prepared to continue. Some of the bmw3s, the 5th, the 7th and the 5th, the 7th, the x3 and the 5th, which also have problems with engine oil, have also started to defend their rights through qqq and weibo. He told journalists that what he hoped for most now was stronger legal support for their actions in defence of their legitimate rights and interests。
The bmw chinese company believes that mr. Chang's defence of his rights has been aggressive, and mr. Chang has said that he has also been overwhelmed, because the bmw's attitude is arrogant and not only does not recognize the existence of a vehicle problem from the beginning, but also uses deception, push, delay, etc. Against him, which remains unresolved today. Mr. Shaanxiang's more than one year of advocacy can really be described by the term hard work, but it also reflects in one way or another the urgent need to amend and improve the existing consumer protection act。
Expert: the amendment will make it easier to defend rights
According to legislative experts, once the draft amendment to the nzl has been implemented, the process of defending their legitimate rights and interests may not be as difficult for consumers like mr. Chang. In the draft, a corresponding change had been made to address the problems faced by owners such as mr. Chang。
In addition to reversing the burden of proof, liu junhai, vice-president of the research council for the protection of consumers ' rights and interests of china, indicated that compensation provisions had been added to the draft amendment to the law in the event of a dispute over consumption of services not currently provided for in the law. In addition to compensation for actual consumer damage, punitive liability is provided for less than twice the actual consumer loss。
It is understood that the draft amendment to the annulment law not only increases the amount and scope of compensation for punitive provisions, but also introduces the concept of the right to regret and the system of public interest litigation in response to new situations and problems that arise in the current process of consumer protection. In areas such as automobiles, real estate, which are highly specialized and well targeted, operators use unequal formula clauses to relieve themselves of liability and create obstacles to consumer protection, and by establishing a recall system for defective goods, together with the relevant civil compensation provisions, can form an effective monitoring mechanism. At the same time, in the case of group consumption abuse, a system of public service litigation will be introduced, whereby consumer evidence will be taken as evidence by the operator, thereby significantly reducing the difficulty and cost of advocacy for consumers and increasing the efficiency of advocacy。
