Clipping of news on Brazilian Culture, Law and Citizenship
03/10/2014
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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Daniela Thomaz, Fabio Thomaz husband and children. The family car is at the dealership for months waiting for a solution. Photo: Daniela Dacorso / O Globo
RIO - Have the insured or within the term of the factory warranty car may not be enough to rid consumers of inconvenience when the need to take it into the shop appears . Database of Letters Consumer Protection GLOBE show that complaints about delay in repair tripled from 2012 to 2013 relating to ten of the largest automakers operating in the country . The reports show that the repair can take up to seven months to complete . The main reason is poor execution of the service , which triggers a fight consumer to be redone . It is also reported delays due to lack of parts and takes the insurer to release the fix .
Daniela Thomas and her husband , Fabio Thomaz , bought one Azera 2010 in April last year , with warranty until 2015. Five months later, the car had to be taken for repairs after being hit by a taxi while stationed in front of the residence of the couple in Tijuca . The strike impacted the car at the curb , damaged suspension and destroyed the two driver side doors . According to Daniela to losing the warranty , the vehicle was referred to authorized AMX Itaboraí , under the guidance of Caoa Hyundai dealership . The insurer of the person responsible for the accident has committed to pay for the repair . The car , however , was not handed over to the couple in the last 21 days , five months after the accident . And , according to the owner, without conditions.
- When we left the car at the authorized already told us : " Go gearing , it will take about six months." We have a son aged six and a daughter with a little over a year. By the end of class , on December 16 , I had to take him to school and pick him bus with baby on her lap - complains Daniela .
On January 29 , nearly four months after forwarding the vehicle to the workshop was the first scheduled date for delivery . Daniela 's husband went to the dealership , but refused to take the car to find that the rear door , side skirt , the lower side and trunk lid were misaligned , and the painting have different shades in some parts . And there were 30 more trading days for the repair to be redone . The automaker even offered £ 30,000 for the vehicle , but as the figure was £ 19,000 lower than what had been paid for nine months before the couple opted for the new repair. Now , already in possession of the vehicle , the couple complains that he is useless and wants new survey :
- The painting was good , but the car is all bad . We have two other reports , other workshops , proving that it does not catch more alignment. That entering a turn driving 60km / h could overturn . We had to borrow a car from a friend and do not want to get into mischief. I'll go to court - Daniela warns .
Consumer is compelled to relinquish rights
Tays Mazepa experienced a similar problem, but got even longer without your Tiguan : seven months. The car was taken to the Abolition dealership , authorized Volkswagen in late May last year . And returned 40 days later with a defect on the right fender . Then spent three more days in the repair . Almost two months later, in late August , the car had to go back to the shop because the paint was peeling . From there until January 31 , when it was returned , the car had to go back to the dealership several times for different problems . Tays remains unsatisfied :
- The bodywork is all checked, was retouched with a brush, is peeling , and the finish is terrible . Had neither care to clean it . Moreover , in mid-February the car just stopped working . Volkswagen 's position is that we need to sign a waiver that only favors to arrumarem the crash and bodywork .
According to the document sent by the automaker owns the vehicle, the car will only be reassessed and repairs performed at no charge if Tays sign a statement in which it undertook to remove all types of media, in 24 of signature, any information relating to case that denigrates the image of Volkswagen . Posture totally rejected by the lawyer of the Association for Consumer Protection ( Apadic ) Janaína Alvarenga :
- A company can not use its economic power and technical superiority to push consumers to give up their rights . It is the supplier's obligation to prove that it erred in providing the service . This conduct may be reported to the Public Prosecution .
The consumer refused to sign a term and want to go to court to recover the loss.
Article 18 of the Code of Consumer Protection ( CDC ) gives the provider 30 days to remedy defects . If the repair is not made within that period, the consumer may require replacement with a new item or refund the amount paid , monetarily updated . The technical advisor of Procon- SP Aur Marta explains that this rule , in addition to having mandatory for cars under warranty must also be a parameter for the repairs of insured vehicles that suffer losses :
Should photograph the vehicle and archive all communication to protect data on deadlines and repairs to be made .
- There are pieces of imported vehicles that are slow to arrive, but this is not the consumer problem . The workshops have to do inventory and ensure that the repair is made within 30 days , or compensate you otherwise - says Janaina .
According to the lawyer , when the car is under warranty and defective , is the responsibility of the carmaker . In the case of vehicles involved in accidents , cause of accident , insurer and workshop jointly liable .
Eduardo Dal Ri , vice president of the Association of Insurers of the states of Rio and Espírito Santo , ensures that there is no interest in delaying the release of the fix, since 75 % of the insured car hire reservation, and is no advantage to release the loan . According Dal Ri , repairs are allowed , on average , within 24 hours after the request . It ensures that the average repair time is 12 days. But recognizes that there are issues that extend the wait : lack of vacancies in workshops and parts and quality workmanship.
- Cars that rely on imported parts can take up to six months to be repaired . The post -repair review by the insurer disapproves about 20 % of vehicles that have to go back to the workshop . There are security issues , but porous paint, noise. Any problems should be reported by the insured to the insurer - says .
Source : The Globe - Online
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This article was translated by an automatic translation system, and was therefore not reviewed by people.