Читать книгу Review of Court Practice in Cases on Protection of Consumer Rights in Russia 2023 - - Страница 10
7. The presence of a defect in a technically complex product that reappears during the warranty period after measures have been taken to eliminate it is an independent basis for satisfying the requirement to replace a low-quality product. At the same time, the possibility of eliminating such a defect, the proportionality of costs and the insignificance of time spent on eliminating it, as well as the absence of a ban on the use of goods with this defect, have no legal significance
ОглавлениеT. filed a lawsuit against the company (seller) for the protection of consumer rights, indicating that a car purchase and sale agreement had been concluded between the parties. The car has a warranty period, during the period of which the buyer repeatedly contacted the official dealer to eliminate various deficiencies, including those related to the violation of the integrity of the driver’s seat trim, which appeared again. The claim to replace the car with a similar one was left unsatisfied by the defendant.
Refusing to satisfy the claims for replacement of goods and compensation for damages, as well as for the collection of a penalty, the court of first instance proceeded from the fact that although the declared defect in the form of a violation of the integrity of the covering of the driver’s seat trim does exist and appeared again after its elimination, however, this defect is not irreparable and does not impair the use of the vehicle.
The court also indicated that during the consideration of the case, it was not established that it was impossible to use a technically complex product during each year of the warranty period in total for more than thirty days due to the repeated elimination of its various shortcomings.
