Driving a lemon car out of a dealership is an uphill battle the moment the first signs of trouble begin to surface. A recent case ruled in favor of the buyer, though, proves that taking your battle to the courts isn’t a lost cause.
A local Chevrolet owner recently won big in a case against her dealership, after the latter was ordered by the Court of Appeals (CA) to replace her defective unit at no cost.
The lemon unit was originally purchased back in June 2013 but was returned by its owner in November the following year after her vehicle’s check engine light switched on and she experienced “sudden downshifting of gears.”
Supposedly, no issues were found by the dealership during an inspection, but the problems persisted after she got the car back. Later on, the owner was told the vehicle’s transmission control module was having problems, and the part was replaced. The thing is, the problems continued even following these repairs.
Eventually, the owners filed a complaint with the Department of Trade and Industry (DTI). The agency ordered the replacement of the unit, but the dealership filed an appeal to overturn the agency’s ruling.
According to the CA, the dealership “failed to illustrate that the DTI committed grave abuse of discretion,” adding that “the judgment of the DTI was firmly grounded on the facts and the law.”
“In sum, the DTI held that Chevrolet’s liability arose from its failure to repair the defect in Reyes’ car despite several attempts.”
Okay, so the case did take some time to come to a close—but hey, the owner is getting a new unit, right? Would you have the patience to go through a process like this? And in case you are not familiar law with how the Philippine Lemon Law, here are the ins and outs.
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