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Learn what to do when the licensee fails to meet deadline

17/08/2012

This article was translated by an automatic translation system, and was therefore not reviewed by people.



 


According Idec, the time of purchase the consumer has a right to know if the product is available in stock
 
SAO PAULO - It is common that when buying a car new car dealership to delay the delivery of the vehicle. However, it is important that consumers know that this case can seek compensation for damage caused by the fulfillment of the stipulated period.

According to attorney Idec (Brazilian Institute for Consumer Protection), Christian Printes at time of purchase the consumer has a right to know if the product is available in stock.

Even if the vehicle is not readily available, the licensee shall inform on how long the product can be delivered.

One caution that consumers should have, if the vehicle is not available in stock, is to make information concerning the deadline included in the contract or invoice for the delivery of the vehicle. The lack of information about the delivery time is characterized as abuse (art.39, XII, Code of Consumer Protection).

Also, in order to prevent or at least try to stop, there is the delivery of the vehicle after the deadline, the consumer can negotiate with the dealership that is a fine stipulated in the contract if the vehicle is not delivered within the agreed time, since there is acceptance by the supplier accordingly.

Your rights
If still there is a delay in delivery, the consumer is protected by the CDC, which provides that this practice is characterized as a breach of provision (art.35).

"In this case, the consumer may require as much as the utility vehicle manufacturer, either: the forced compliance of the delivery vehicle or another vehicle of equivalent or cancellation of purchase with the return of the amount paid with proper indexation," explains Printes.

"If the consumer is injured by this delay, it can still ask in court, compensation for damage suffered," says the lawyer.

If the consumer opts for an equivalent vehicle, a vehicle is entitled to the same value that was paid and not delivered, which should be readily available to the consumer. If the vehicle is the lowest price, he is entitled to receive the difference of the amount previously paid and that he in fact purchased.

The procedure which the consumer must follow is to deliver a complaint in writing to the dealer and the manufacturer, requesting delivery of the vehicle or an equivalent, or, if no more interest in acquiring the vehicle, the cancellation of the purchase.

Printes explains that problems in Cancellations of purchases can generate damages.

"This type of situation can cause damage, depending on the case. For example, when there is excessive delay in delivery of the vehicle combined with a lack of accurate information to the consumer by the supplier as to when the vehicle is delivered, he might try in court compensation. Thus, if it is proved some loss due to the lack of effective delivery of the vehicle, the consumer can indeed try to recover the legal and moral damage he has suffered, "added the lawyer.

If the problem is not resolved after the initial contact with the licensee and / or manufacturer, the consumer must go to a body of consumer protection, such as Procon, and make a complaint about the lack of delivery of the vehicle on time.

If even with the intervention of the organs of the consumer problem is resolved, the consumer has the right to file a lawsuit, through a JEC (Special Civil Court), if the value of the claim of the consumer for up to 40
minimum wages, noting that if this value does not exceed 20 times the minimum wage, will not even require the presence of a lawyer.



Source: The Day on Line

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This article was translated by an automatic translation system, and was therefore not reviewed by people.

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