2023-04-20 17:28:25
Justice ruled in favor of a man from Cipolletti who sued a dealership because he was unable to use his new car for a year. The fact was like this: the plaintiff had bought a zero kilometer in 2018. The car entered the dealership’s workshop due to engine failure and there it went 346 days without repair.no. Now they must pay you the equivalent money for the same model and a sum for the time in which he might not dispose of the vehicle.
The cipoleño acquired a Volkswagen Polo Comfortline 1.6 MSI 110CV, model 2018, zero kilometer. In November 2019 he had to leave the car in the Iruña workshop Because the engine was leaking oil. The ruling, which is from the first instance and is not final because it can be appealed, states that the duty of information provided for in the Consumer Defense Law was not fulfilled.
When the user initiated the lawsuit, the defendant replied that there had been a problem with the original spare parts covered by the guarantee. And that with the arrival of the pandemic, the workshops closed and the repair was delayed. However, it was not proven that the client knew of this circumstance. They also maintained that they offered him another car, although the owner was never able to dispose of any car, neither his own nor the one they lent him.
From the test it emerged that the owner was eleven months and six days without his vehicle until the trial began. In this context, budgets were requested to know the value of renting a car per day. And so the amount of compensation for the unavailability of the car was determined.
The sentence also gave rise to non-pecuniary damage for the conditions that the uncertainty caused to the owner of the car.
It was learned that the vehicle had a torn crankshaft thread and that this is why it was leaking oil. “It can be seen from the analysis of the cause that both defendants effectively omitted to inform the consumer plaintiff, opportunely and thoroughly, on the lack of provision of the necessary spare parts for the repair of his Volkswagen Polo Confortline vehicle ”, arises from the ruling.
The companies condemned are Iruña and Volkswagen, who must give the client a sum of money equivalent to the value of a Volkswagen Polo Confortline 1.6 MSI 110 CV model 2018 or similar car on the market. And also the compensation for the time in which he might not dispose of the car and moral damage.
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