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The Case Of Adroit Commissioners

2024

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The Case Of Adroit Commissioners
The Case Of Adroit Commissioners
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BEGINNING OF THE END

It’s best to travel to nature in a big company, and such a car needs to be spacious and comfortable - for example, a minivan or a minibus is suitable. It is a pity, many simply cannot afford new cars of this class. The cheaper option is to buy a used one. This is exactly what Alexander B. decided to stop at. He used to make small trips with family and friends before; gradually it became a lifestyle. But it so happened that B. changed his job and parted with a service all-terrain vehicle.

"Volkswagen Caravel" 1992 B. found by ad. The machine is in good condition, the price is reasonable. After the diagnosis, we agreed with the owner that the transaction would be conducted through a thrift store.

The next day, B. arrived in the city of Domodedovo near Moscow, where "Caravel" was registered. While he was examined by the traffic police, a certificate was already issued in the “commission room”. How cool everything is organized! Alexander paid the seller and drove home in a good mood. He did not suspect that the merry company did not ride this car …

But at first everything went fine. The new owner paid all the necessary fees, bought a CTP policy and went to the Odintsovo traffic police for registration. At the vehicle inspection site, the traffic police inspector meticulously inspected the car and said … that the number on the body (VIN) was broken, so he is obliged to detain the documents! B. immediately called the seller, but he began to deny - they say, "the car was removed from you at the Domodedovo State Automobile Inspectorate, so I have nothing to do with it." Still, the documents were seized from Alexander, the “Caravel” was moored in the traffic police parking lot. A week later, an examination was held, which showed that "the body number was changed and does not meet the manufacturer's requirements." On this occasion, a criminal case was opened in Odintsovo police department, but was immediately suspended because they could not identify the culprit.

A small copyright digression. It seems that the police didn’t really want to look for an attacker! Indeed, a duplicate of a vehicle passport (PTS) issued by the 6th MREO SEAD of Moscow was attached to the car. He made it possible to trace the entire chain of owners from the moment a car was imported into the country, to establish at what stage the forgery took place. But the police acted easier: the criminal case was suspended, and the purchase was refused registration. And provided the owner to seek a way out on their own. B. again turned to the previous owner with a request to pick up the car and return the money. Naturally, failure followed again. Then Alexander turned to us.

WE ARE NOT RESPONSIBLE FOR ANYTHING!

Having studied the documents, I advised to present to the thrift store the requirement to terminate the contract of sale. The fact is that B. purchased the car according to the reference account. In this situation, the seller (in legal language - the commissioner) is the store that draws up the reference account. It states that OOO Press sold the Volkswagen Caravela car for 249 thousand rubles. In the same document, engine and body numbers are recorded. In the Odintsovo police department, it was established that the body number was interrupted, and on this basis the registration of the vehicle was refused. It turns out that OOO Press sold a car that the buyer cannot use! On this account, in article 461 of the Civil Code of the Russian Federation it is written that “the seller is obliged to compensate the buyer for the losses incurred as a result of the seizure of the goods”. In addition, according to the rules of commission trading, it is the store that is responsible for the defects of the goods.

We prepared a statement of claim and appealed to the Zvenigorod City Court.

But the press management ignored all judicial notices. Then I, on behalf of the court, went to Domodedovo in search of defendants. To my surprise, the thrift store was … directly in the building of the traffic police of the Domodedovo district along Stantsionnaya Street! Is it because cars sold through OOO Press are so quickly tested, and traffic police do not notice broken numbers? However, these are just my idle thoughts …..

On the spot, I talked with the commissioner accountant, handed the court documents and offered to solve the problem peacefully. To which he received the expected answer: "We only re-register the machines and are not responsible for anything." And once again I was advised to "deal" with the previous owner.

THREE YEARS ARE WAITING

In general, I had to start a lawsuit with the store. An expert from the Odintsovo police department found that the documents indicated one number, in fact, by car - another, but there was also a third, factory. The most interesting thing is that the engine number remains factory. For this immediately caught the director of the commission! According to him, the car was sold with the correct numbers, and B., before arriving at the traffic police for registration… changed the body! It is technically possible to do this, but why does a normal person need such “adventures”? The court was also skeptical of the defendant’s version, but, however, appointed an examination to answer the question: was the car body replaced or not? The examination lasted about a month, the verdict of the experts was clear: the body was not changed, only the identification number was changed.

The defendants decided not to give up and put forward a new thesis: B. immediately after the purchase, he interrupted the numbers on the back. Apparently, to live was not boring! However, as follows from the materials of the criminal case, B. had no relation to the fake numbers.

We needed to establish what identification number (VIN) is authentic. The court, at our request, prepared a request to the representative office of the manufacturer (Volkswagen Group Rus). They gave an unambiguous answer: the Volkswagen Caravel minibus was released with the same engine, the number of which is indicated in all documents, including the reference account. But only the expert from the Odintsovo Department of Internal Affairs found the correct identification number. In the reference account and PTS, non-existent identification numbers were indicated: a car with such a VIN did not go off the assembly line at all!

Then the lawyer entered the case, whose arguments contained more logic. Now the defendants referred to the fact that B. and the previous owner agreed on the transaction and conducted it independently, while Press LLC only participated in the purchase process. In addition, the court was provided with documents according to which “Press” rents a room in the traffic police department, but is not engaged in commission trading at all, but only in “re-registering cars”. True, neither the lawyer, nor the director could explain what “reissuance” consists of - there is no such procedure in the law! The last straw for which the attorney and director of the store tried to cling to was the fact of the transfer of money to B. to the former owner, established at the court hearing, and not to the store cashier.

It took all disputes … almost three years. Finally, the court ruled: terminate the purchase and sale agreement concluded between B. and the thrift store, collect 249 thousand rubles from Alexander B. Press in favor of Alexander B. In addition, the thrift store will be forced to pay legal expenses and representative services, which is more than 60 thousand rubles. It took several years for justice to triumph …

Buying a used car, do not spare time for checks and competent execution of the transaction! Otherwise, if a dispute arises, you will lose much more in court.

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