In its recent report, the Consumer Disputes Board found that the consumer had made an error report within a reasonable time, even if he had not complained about the defect until the summer following the purchase of the car.
The website of the Finnish Competition and Consumer Authority reports a case where side noises were detected in the air conditioner of a newly purchased car and jerking and power losses occurred in the car when the air conditioner's compressor was switched on.
At the time of the faults, the car had been driven only 1,200 kilometers. According to the seller, it was about the features of the car.
According to a statement provided by the workshop that inspected the car, resonant sounds and power losses were noticeable in the air conditioner. According to the workshop, these defects could not be considered as typical features of the car's air conditioning.
The car did not meet the consumer's reasonable expectations due to power losses and jerking due to the operation of the air conditioner, as well as side noise. The car thus had a fault which, according to the report, had not been corrected.
According to the seller, it was about the features of the car.
The reduction in engine power caused by the air conditioner in the new car was defined as a “minor defect”, so the consumer had the right to dismantle the deal.
However, the consumer had benefited from the use of the car, for which he had to pay compensation to the seller. The car had been driven for more than a year when the matter was resolved in the Consumer Disputes Board. As the car had been faulty throughout its service life, the board estimated the operating benefit at EUR 2,000. The seller also had to pay interest on the refundable purchase price.
The Consumer Disputes Board recommended that the seller refund the purchase price of EUR 19 175 to the consumer, but deduct the operating benefit of EUR 2 000 from the amount and also pay interest on the amount to be returned.