He bought a truck and had to circulate at 60 km so that it does not get damaged: they must give him a new one

A man who bought a van zero kilometer in Bariloche had to constantly attend the higher official for repairs that never fixed the factory fault. An expert confirmed that the only option was to circulate at a minimum speed of 60 kilometers per hourbeing unfeasible for a use urban.

This characteristic was not previously reported or solved, so a ruling ordered that they give him another zero kilometer van and also pay him compensation for all the disorders caused.

The client purchased a Fiat Toro Freedom 2.0 16V 4×2 van with a manual gearbox from a dealership. There they never warned him about “the particularities that this model presents and the specific care and uses of a vehicle equipped with a particulate filter”they only “limited themselves to explaining to him how he could pay for the product”.

He stressed that the truck had been advertised as a vehicle for both urban and off-road use. The thing is that living in the city of Junin de los Andes, where almost 100% of the routes you travel are within the city, it is impossible to meet all the requirements to be able to regenerate the particulate filter, since you must leave with one hour in advance.

He stressed that from the delivery of the vehicle, he has had innumerable revenues at the official service of Fiat due to different faults, but mainly due to anomalies related to the high level of oil. Every time a problem occurred, he had to go to Bariloche.

As he recounted, “before the repeated claims of excess oil, they told him that the dipstick measured poorly and they stopped including this type of claim in the repair orders, contrary to what the manual warns.”

In the file, the Fierro dealer argued that it is not able to provide information regarding a supervening failure in a marketed vehicle, for which a guarantee is granted that covers post-sale care and possible repair in the event of failures that a 0km vehicle may present.

He said that he has provided the customer with the appropriate after-sales service and this emerges from each and every one of the respective workshop order reports. So much so that at the moment, the actor’s vehicle is in perfect condition to circulate, with absolutely no damage. He pointed out that they have sold thousands of Fiat Toros throughout the country that have presented absolutely no faults.

For its part, Fiat Argentina argued that the plaintiff is not classifiable as a consumer, as there is no consumer relationship. He indicated that “it is well known and public knowledge that the plaintiff’s vehicle is the preference of Argentines, it is of great quality and due to its technology it implies certain considerations and specific care that it describes in detail.”

Judgment

He bought a truck and had to circulate at 60 km so that it does not get damaged: they must give him a new one

Failure

The judge first rejected the argument that it was not a consumer relationship. In assessing the test, he took into account the large amount of income to the workshop of the vehicle dealership.

In the first place, due to “the public call made by the defendant FCA itself to the owners of the vehicles referred to in the communication to inspect the DPF regeneration system for having detected that in some units, in conditions of frequent use on short trips, low speed, the system could present an alteration in the level of engine lubricating oil, increased engine revolutions and chances of accidents, with consequent risks for the driver and other occupants.

“Now, despite the magnitude of such call, it can be seen that the defendants incurred in a lack of adequate information, since they do not explain the meaning or the scope of the call No. 8557 or the updating tasks that were carried out, as well nor what was the material delivered, all of which prevents knowing with greater certainty the situation of the vehicle at that time, and whether or not there was a problem or failure in it; in addition to not having carried out all the required work, ”says the sentence.

At 20 thousand kilometers, “Oil loss is detected through the selector cover and a report is made to the factory”. He also talks about a call for the “3889” campaign that does not explain what it refers to, which also “was not carried out due to lack of materials.” At 23,000, “The regeneration warning light comes on more than three times a week and it takes more than 40 minutes” and “When you leave with the vehicle, you notice that it jerks”.

Six months later, he returned to the workshop because “the fault light came on without symptoms, lack of reaction when leaving in first gear, the revolution needle went up. Vehicle stopped since February 13 says the client. In the workshop, a “scanning was carried out, soot mass saturation, forced regeneration was carried out. The selector cover was changed due to perspiration, gearbox oil level restoration”.

A few months later, the vehicle already arrived in an aid truck. A request was made to “control the engine fault light with loss of power”. “Scan. Forced regeneration was carried out due to excess soot in the DPF filter”.

mechanical expertise

In the file, a mechanical expertise was ordered: “the expert not only verified the existence of a high level of oil that exceeds the maximum limit indicated by the dipstick, according to the image provided, but also the presence of diesel in the crankcase in a higher percentage than recommended.

Likewise, “the expert observed that after 20,000 km the vehicle showed the need for active regenerations and also had to carry out forced regenerations at the dealership, understanding that they are the consequence of urban or low-speed use.”

“All this shows that the vehicle is not suitable, at least for urban use, since the user is forced to carry out extraordinary and necessary tasks for cleaning the DPF which, if interrupted, can have the aforementioned unfavorable consequences” , says the ruling, and concluded with the sentence.

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