Yakut resident turns back to UAZ Patriot dealership, exhausted from constant vehicle repairs
In a landmark decision, the Supreme Court of the Republic of Sakha (Yakutia) has upheld a ruling that allows a Yakutsk resident, Mr. K, to return a UAZ Patriot car purchased from LLC "Kolmi" and receive a refund.
The court did not accept LLC "Kolmi-Motors"'s arguments that the car was used off-road, was heavily contaminated, was tuned, had its engine power increased, was refueled with poor-quality fuel, was repaired outside the warranty service, or that the owner was repeatedly fined for speeding. The court also dismissed "Kolmi"'s arguments that the malfunctions were due to improper use, storage, transportation, or force majeure.
Mr. K purchased the car for 1.2 million rubles from LLC "Kolmi" in Yakutsk in March 2020. Over the three-year warranty period, the car had to be taken to the "Kolmi" service center 14 times due to persistent defects, including engine stalling and coolant leakage. The total time spent repairing these defects exceeded 30 days, allowing Mr. K to refuse the contract and demand a refund.
The court ruled that these factors were not causally related to the recurring malfunctions found in the "UAZ Patriot". The court also ordered LLC "Kolmi-Motors" to pay an additional 1.1 million rubles to Mr. K, 1.2 million rubles as a penalty, 50,000 rubles as compensation for moral damage, 200,000 rubles as a fine, and 50,000 rubles for legal expenses.
This decision highlights the importance of consumer protection laws in Russia. A buyer can return a car and get a refund if the vehicle has significant defects that cannot be repaired within a reasonable number of attempts and timeframe. In this case, the Yakutsk resident successfully returned the UAZ Patriot because the car had persistent defects uncorrected after repeated repair attempts by LLC "Kolmi," making it eligible for a refund legally, regardless of the dealer's objections.
This decision serves as a reminder to car dealerships to ensure the quality of their vehicles and provide adequate service to their customers. It also provides reassurance to consumers that they have legal recourse if they encounter significant defects in their purchased vehicles.
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- The decision in the Sakha (Yakutia) Supreme Court case highlights the impact of consumer protection laws in the automotive industry, allowing customers to return cars with significant defects and receive a refund under certain conditions.
- The Yakutsk resident, Mr. K, successfully returned his UAZ Patriot car due to persistent defects that were not corrected despite repeated attempts by LLC "Kolmi" for car-maintenance.
- This court ruling underscores the importance of financial responsibility for dealerships, particularly in the automotive sector, as they are now obliged to uphold the quality of their vehicles and provide suitable service to their customers.
- In the wake of this decision, consumers in the transportation sector can find reassurance that they have measures to defend themselves in case they encounter lifestlyle-hampering issues like recurring malfunctions in purchased vehicles.
