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Who is the boss behind Xi'an Li star? Director of Mercedes Benz China

Original title: 'crying for rights' 4S store legal person is a director of Mercedes Benz China! Another female car owner born in 1990s lost the lawsuit

The case of female Mercedes Benz owners crying for rights protection has attracted the attention of the regulatory authorities. On April 14, Xi'an Netcom office reported that the market supervision department had filed a case against Li Zhi Xing and ordered it to return the car and refund it as soon as possible.

Nandu reporters found that Xi'an Lizhi star, the car dealer involved, has close ties with Mercedes Benz China. Yan Jiansheng, chairman and legal person of the company, is also a director of Mercedes Benz (China) Automobile Sales Co., Ltd. On the 14th, Mercedes Benz China issued a statement of apology for the incident and said it had sent a working group to Xi'an to investigate.

Since its establishment, Xi'an lizhixing company has been involved in more than 20 lawsuits, with many problems. Before the 'engine oil spill' incident, another post-90s female car owner sued Xi'an lizhixing for the problem of 'abnormal noise one month after purchasing the car'. However, due to lack of evidence, the owner lost the lawsuit. In addition, in 2014, Ma, a sales consultant of Xi'an lizhixing, made up a false fact and defrauded 31 car owners of nearly 20 million yuan in purchase money. He was finally sentenced to 15 years' imprisonment.

The legal person of the company involved is a director of Mercedes Benz China

A video of "female Mercedes Benz owners crying to protect their rights" pushed Xi'an lizhixing company to the top of the wave.

In the video, a woman sits cross legged on the hood of the vehicle and cries. She said that at the end of March this year, she bought a Mercedes Benz car at Xi'an lizhixing Mercedes Benz 4S store. However, the new car has not been driven out a kilometer, it was found that the vehicle engine oil leakage problem. Later, she was told by the women's 4S shop that there was no refund and no car change, so she had to change the engine according to the 'three guarantees policy'.

After the media reported this, many people questioned whether the 4S store involved was suspected of concealing the quality of its products. On April 14, the Xi'an Internet Information Office responded that the market supervision department had filed a case against the star and ordered it to refund the car as soon as possible.

Business information shows that Xi'an lizhixing Automobile Co., Ltd. (hereinafter referred to as "Xi'an lizhixing") was registered in Xi'an in 2012, with a registered capital of 80 million yuan. Up to now, Xi'an lizhixing has set up three branches in Beilin District, high tech Zone and Weinan City.

Xi'an lizhixing has two major shareholders. Among them, the foreign-funded Zhongxing Group Co., Ltd. holds 75% of the shares and has absolute control; while the state-owned Xi'an Aero Engine Group Tianding Co., Ltd. holds 25% of the shares. At present, the registration license of Xi'an lizhixing is shown as "registration of foreign-invested enterprises".

Nandu reporter noted that Xi'an Li Zhi Xing company has close ties with Mercedes Benz China. At present, Xi'an lizhixing mainly provides brand distribution services for imported and domestic Benz cars, including automobile sales, parts production and sales, after-sales maintenance and other services. Yan Jiansheng, chairman and legal person of the company, also serves as a director of Mercedes Benz (China) Automobile Sales Co., Ltd., which is the general distributor of passenger cars imported by German Benz in China.

On April 14, Beijing Mercedes Benz Sales Service Co., Ltd. issued a statement apologizing for the incident and said it had sent a working group to Xi'an to investigate.

One month after the purchase, the car made a strange noise

Female car owners of post-90s lose lawsuit against Xi'an lizhixing

Nandu reporters found that since its establishment, Xi'an lizhixing has been involved in more than 20 lawsuits. Among them, before the "female car owners crying in the hood" incident, another female car owner of the post-90s, Ms. Wang, once sued Xi'an lizhixing company for the quality problem of Mercedes Benz.

In August 2017, Ms. Wang, who lives in Beilin District of Xi'an City, bought a Mercedes Benz car from Xi'an lizhixing company at the price of 493000 yuan. In September of the same year, Ms. Wang found that the car made an abnormal noise when she used it for 588 km. Ms. Wang believes that car dealers maliciously conceal the existence of quality problems in vehicles and sell them to the outside world. So Xi'an Li Zhi Xing sued to the court for refund of the purchase price and compensation for the corresponding losses.

Xi'an lizhixing argued that when the company sold the vehicle to Ms. Wang, it did not maliciously conceal the vehicle quality problems. Both parties have fulfilled the contract. Ms. Wang said that the abnormal noise problem of the vehicle can be solved through maintenance.

After investigation, Ms. Wang found that there was a strange noise in the car, and drove the car back to Xi'an lizhixing company and stored it all the time. During this period, the car was not overhauled. China's "Regulations on the liability for repair, replacement and return of household automotive products" stipulates a variety of scenarios of "application for return of vehicle".

According to the regulations, the vehicle has serious safety faults within the validity period, which can not be solved after 2 times of repair; the engine and transmission can not be used normally after 2 times of replacement; the steering system fails to work, the braking system, suspension system, front / rear axle and body can not be used normally after 2 times of replacement due to quality problems; If the repair time accumulated due to quality problems exceeds 35 days, or the repair time accumulated due to the same problem exceeds 5 times, you can apply for return.

After hearing the case, the people's Court of Yanta District of Xi'an city held that Ms. Wang did not find any abnormal noise in the vehicle when she picked up the car, and could not infer that the dealer had "maliciously concealed the quality problems of the vehicle and sold it to the outside world" because of the abnormal noise in use. At the same time, because Ms. Wang did not agree with the repair, and the car was not actually repaired, it failed to meet the required return conditions. In December 2017, the court rejected Ms. Wang's claim.

Nandu reporter noted that Ms. Wang filed an appeal to the Xi'an Intermediate People's court again, no more than in March 2018.

Fraud involving 31 car owners with nearly 20 million yuan

Xi'an lizhixing sales consultant sentenced to 15 years

Since June 2014, many media have reported that consumers in Xi'an lizhixing company encountered a "car buying scam" set by sales staff.

According to the victims, Ma, a sales consultant of Xi'an Li Zhi Xing Mercedes Benz 4S store, claimed that he could sell Mercedes Benz cars at prices ranging from 50000 to 100000 yuan below the market price. However, when consumers paid the purchase money into Ma's private account and lizhixing's company account, Ma delayed the collection time for various reasons, and suddenly disappeared at the end of June 2014.

On July 14, 2014, the high tech branch of Xi'an Public Security Bureau filed a case against Ma for fraud, which was later prosecuted by the procuratorial organ. A year later, the intermediate people's Court of Xi'an made a judgment. The court held that from November 2013 to June 2014, Ma worked as an automobile sales consultant in Xi'an high tech Zone Science and technology eight way star company.

During this period, he made up the fact that he could buy Mercedes Benz cars at a low price as an employee of a 4S shop, buy Mercedes Benz cars at a low price when the company cleared its warehouse at the end of the year, buy gas cards at a low price, help pay vehicle purchase tax and handle vehicle insurance. He reached an agreement with 31 victims, including LV, and then asked them to pay a total of 18.230234 million yuan for car purchase and vehicle purchase Tax and other funds will be remitted to their personal accounts or to the public accounts of lizhixing Benz 4S shop.

The court held that for the purpose of illegal possession, Ma used his identity as an employee of Mercedes Benz 4S store to fabricate facts and defraud other people's money, causing huge economic losses to the victim. His behavior has violated the provisions of Article 266 of the criminal law of the people's Republic of China and constituted the crime of fraud. Ma was sentenced to 15 years' imprisonment, and the stolen money was collected by the investigation organ of Xi'an The high tech branch of the Public Security Bureau shall recover the money according to law and return it to the victims.