It was confirmed that the delivery time of the car still missed the subsidy, and the consumer’s request for compensation was rejected. The consumer complaint was negatively handled. Xiaopeng Motors was named.

  Yangcheng Evening News reporter Ma Can, intern Zhao Xinrao, and correspondent Yue Xiaoxuan reported that they were happy to buy new energy vehicles, but they could not enjoy subsidies due to the default of the business.

Mr. Pan, a consumer, came across this matter, and Xiaopeng Motors had a negative attitude, which could not be resolved after the full mediation of the Guangdong Consumers Commission.

Consumers repeatedly confirm before placing a deposit

  On October 10, 2021, Mr. Pan, a citizen, went to Xpeng Motors Guangzhou Panyu Aoyuan Plaza store to buy a car.

Before paying the deposit, Mr. Pan repeatedly made clear with the sales staff that he must pre-order the car by the end of December 2021, so as to enjoy the 10,000 yuan subsidy for Guangzhou new energy vehicles.

  Mr. Pan said that at that time, the sales staff said that as long as the contract was ordered and signed before October 18, the car was guaranteed to be picked up by the end of December, and the subsidy for new energy vehicles in Guangzhou was 10,000 yuan.

In order to gain Mr. Pan's trust, the sales staff also issued an internal notice from the store to ensure that the car can be delivered by the end of December. At the same time, Mr. Pan also repeatedly confirmed through WeChat for the sake of safety, and all received affirmative answers.

Therefore, Mr. Pan paid a deposit of 5,000 yuan, and signed an agreement with the merchant to pay the full amount when he picked up the car.

  In November 2021, Mr. Pan kept contacting the customer service of Xiaopeng Motors and asked to pick up the car on time.

"We have contacted more than 30 times, but Xpeng Motors has been treating it negatively." Mr. Pan said that the car has not been allocated as promised until the end of December 2021, which made him miss the time to apply for government subsidies.

  In this regard, Mr. Pan believes that Xiaopeng Motors is suspected of false propaganda and defrauding consumers. At the end of January 2022, he complained to the Guangdong Provincial Consumer Council, requiring Xiaopeng Motors to immediately allocate cars and compensate him for the loss of 10,000 yuan of new energy vehicle subsidies.

Consumer Council merchants treat mediation negatively

  After receiving the complaint, the staff of the Consumer Council of Guangdong Province contacted the relevant personnel of Xiaopeng Motors for mediation, and proposed to establish a fast communication and mediation channel for consumer complaint handling, but they were also negatively treated by Xiaopeng Motors.

  According to reports, the relevant personnel of the company's public relations department said that according to their departmental functions, they only connect with "government departments". If the Guangdong Provincial Consumer Council has consumer complaints to be forwarded, they need to contact customer service.

The Guangdong Provincial Consumer Council then contacted Xiaopeng Motors customer service and asked it to reply within 10 working days, but it did not receive any reply until late February.

  After repeated urging by the Consumer Council of Guangdong Province, the temporary manager of Xiaopeng Motors Guangzhou Panyu Aoyuan Plaza Store replied that consumers can choose three solutions: one is to change the car configuration; the second is to cancel the reservation; the third is to pick up the car .

At the same time, the store manager said that the store had informed Mr. Pan in November 2021 that he might not be able to pick up the car at the end of December.

  In this regard, the Guangdong Provincial Consumer Council pointed out that Mr. Pan paid the deposit on the premise of repeatedly confirming that he could pick up the car on time and enjoy government subsidies. Xpeng Motors later informed that it might not be able to fulfill the previous promise, which was a breach of contract.

  However, Xpeng Motors insisted that it can only be solved by the above three solutions, and refused financial compensation. Mr. Pan said that he did not accept it. Because the differences of opinions between the two parties were too large, the mediation of this case was invalid.

  According to the relevant provisions of the "Civil Code": "The parties should fully perform their obligations as agreed. The parties should follow the principle of good faith, and perform the obligations of notification, assistance, confidentiality, etc. according to the nature, purpose and trading habits of the contract." Guangdong Consumer Council said , Xiaopeng Motors should have actively fulfilled the agreement between the two parties, but in fact it did not fulfill its promise, which directly caused consumers to lose 10,000 yuan in government subsidies.

  In addition, according to the relevant provisions of the "Civil Code": "If a party fails to perform the contractual obligations or the performance of the contractual obligations does not conform to the agreement, it shall bear the responsibility for breach of contract, such as continuing to perform, taking remedial measures or compensating for losses." The Guangdong Provincial Consumer Council believes that Xiaopeng The behavior of the car has constituted a breach of contract, and Xpeng Motors should not only actively assume responsibility for breach of contract according to consumers’ requirements, but also compensate consumers for related losses.

  The Guangdong Provincial Consumer Council stated that Xpeng Motors not only failed to deal with consumers' demands in a timely manner, but also handled complaints passively even after the Provincial Consumer Council intervened.