A Kaliningrad resident bought a car in February this year after signing a sales contract with an official dealer center (the name and make of the car are not disclosed). He paid for the purchase in full, but the car dealer did not give him the vehicle within the time specified in the contract and demanded an additional 50% payment, Russia’s UFSSP press service for the Kaliningrad region reported.
The price change was explained by economic difficulties, including the fact that these cars have been withdrawn from sale, as there are no spare parts for them and there is no way to fulfill the warranty obligations for repairs.
The citizen went to court, where it was determined that the car was delivered to Kaliningrad in January – even before the conclusion of the contract with the plaintiff, that is, at the old price. The dealer was unable to provide the court with evidence of the existence of difficulties in carrying on economic activities, which resulted in cars having to be withdrawn from sale, as well as force majeure circumstances that prevented the fulfillment of the obligations under the contract.
The court ordered the debtors’ association to transfer the car to the buyer, as well as a fine, compensation for non-material damage and a fine of 397.5 thousand rubles.
The court decision was received by the Bailiff’s Department for Special Enforcement Procedures of the Federal Bailiff of Russia in the Kaliningrad Region.
The bailiffs went to the address of the car dealer, handed over the demand, explaining that if the car is not handed over to the buyer within the specified time limits for voluntary execution, coercive measures will follow – the seizure of property and money in the accounts.
Without waiting for a forced collection, the dealer’s management voluntarily handed over the car to the buyer and transferred 397.5 thousand rubles.
Plaintiff’s rights have been fully restored.