Shulou(Shulou.com)11/24 Report--

Thanks to CTOnews.com netizens DynamIK and Windelight for the clue delivery! CTOnews.com, March 29 (Xinhua) Tesla lost the first case of "refund one for three" in China and was ordered to refund the car purchase money to the car owner Han Chao and pay three times the amount of compensation, which is the result of Han Chao's first trial, second trial and retrial since he sued Tesla in 2019.

Mr. Han, a party to Tesla's "withdraw one for three" case, said in a personal Weibo post yesterday: the Beijing Municipal higher people's Court has ruled in accordance with the law to reject Tesla's application for retrial, and the case has been finally concluded for more than three years.

According to CTOnews.com, in 2019, the car owner Mr. Han spent 379700 yuan on Tesla official website to buy a Tesla officially certified second-hand car Model S P85, and then always found some minor problems in the process of using the car. The owner passed a third-party inspection and found that the vehicle C-pillar and rear wing were cut and welded. Mr. Han, the owner, thought that the failure of the vehicle would directly threaten the safety of life and put forward the request for return and replacement of the vehicle, but it was refused. Subsequently, the car owner Mr. Han sued Tesla Company.

As for the situation reflected by Mr. Han, Tesla once said that during the period when the original owner was using the vehicle, the vehicle had a very slight collision when changing lanes on January 8, 2019. According to the on-site photos, damage agreement, accident identification and maintenance list and other evidence, it can be proved that the accident only injured the left rear leaf plate of the car body, the edge of the rear bumper and the surface of the wheel hub, and did not damage the vehicle safety structure at all. does not constitute a major accident or structural damage; Tesla company is not aware of the accident, there is no intention of fraud. And there is no major accident in the vehicle involved, nor is there any structural damage caused by the replacement of the leaf board. Tesla did not carry out any fraud when selling the vehicle. The vehicle delivered to Mr. Han fully complies with the sales promise of "no major accident and fire soaking water". Mr. Han's claim has no factual and legal basis and should be rejected.

In December 2020, the case had a verdict of first instance. According to the judgment issued by the car owner, the result of the first instance was that Tesla's company constituted a fraud and ordered it to return one to three. That is, the car purchase contract was revoked, and Tesla refunded 379700 yuan for the car purchase and paid 1.1391 million yuan in compensation. According to the court in the judgment, the maintenance of the vehicle involved in the case does involve large area cutting, welding, and so on, and this way and degree of repair will inevitably have an important impact on consumers' willingness to buy cars. Tesla company only told Mr. Han that "the vehicle does not have structural damage", which is not enough to achieve the due degree of information disclosure. No matter in terms of positive actions or negative omissions, Tesla Company meets the objective requirements of fraud. On the question of whether Tesla company has the intention of fraud, according to the facts of this case, Tesla company knows or should know about the accident and maintenance of the vehicle involved, and it has the subjective conditions of fraud. To sum up, Tesla Company constitutes fraud.

In this regard, Tesla refused to accept the verdict and filed an appeal and a retrial application, which were rejected.

Although the case of "refund one for three" is finally over, there are several other ongoing lawsuits between the two sides, involving disputes over the use of scooter fees and reputation rights.

Welcome to subscribe "Shulou Technology Information " to get latest news, interesting things and hot topics in the IT industry, and controls the hottest and latest Internet news, technology news and IT industry trends.