As it turned out, the applicant E.O. On March 4, 2013, signed a contract with Khorezm-Avtosavdo LLC in Urgench, Khorezm region for the purchase of a LACETTI L-ELEGANT / AT PLUS car, delivered on April 28. However, four days later, when a malfunction was found in the car, the consumer immediately refered to the car dealership. While inspecting the new machine by a technician, there was a short circuit and some wires melted. After that, the employees of Khorezm-Avtosavdo LLC informed UZAUTO MOTORS about the situation.
According to the applicant, he also applied to the “hot line” of “UZAUTO MOTORS”. However, when the consumer approached the responsible employees, they refused to satisfy the request for 20 days with various arguments.
In accordance with Article 16 of the Law of the Republic of Uzbekistan "On Protection of Consumer Rights", if the seller (manufacturer) does not comply with the consumer's requirements for replacing goods or eliminating defects, the consumer has the right to reduce the purchase price in proportion to the defect or terminate the contract and has the right to demand compensation for moral damage.
Also, Article 22 of this Law states that “a person who has caused damage to the consumer in connection with the violation of consumer rights must pay compensation if he is guilty. The amount of compensation for non-pecuniary damage is determined by the court. Compensation for moral damage is made regardless of compensation for property damage and damage caused by the consumer”
After the appeal was transferred under the control of the Ombudsman, a technical inspection of the car was carried out in the applicant's presence and it was established that there was a defect in the towing kit. Thus, the applicant E.O. received his recently purchased car in good condition after 25 days.
In fact, before the ombudsman receives such complaints from the public, they must be authorized by the manufacturer as soon as possible in accordance with the contract. In such cases, it is recommended to take appropriate measures in relation to responsible employees who did not satisfy the consumer's demand or ignored his complaint. Since a manufacturing company must live up to the trust of customers in order to remain competitive.
While such appeals are not a problem that needs to be addressed at the level of the Ombudsman, they are under his control from a consumer protection perspective. To prevent such cases, the Authorized Person of the Oliy Majlis for Human Rights (Ombudsman) plans to work with the Agency for the Protection of Consumer Rights under the Antimonopoly Committee.
Press service of the Authorized Person of the Oliy Majlis
for Human Rights (Ombudsman)