After months of arguing about the cause and responsibility for the damaged Porsche Macan 2016 transmission repaired at the Porsche Saigon Center (Tan Thuan Dong, District 7), recently, the car owner, Pham Anh Tan (An Lac Ward, Binh Tan District, Ho Chi Minh City) decided to bring the case to the court.

The lawsuit filed in the name of Hale Vietnam Co., Ltd., with Pham Anh Tan as the legal representative, was sent to the court on July 26, 2023.

A bailiff was established to bring the case to the court.

In the lawsuit filed against the Prestigious Sports Car Company Limited, the distributor and genuine warranty of Porsche cars, to the People's Court of District 7, Ho Chi Minh City, Tan said that Porsche Saigon has kept the Porsche Macan, Hale Vietam's vehicle and legal property, since April 2023, causing losses to the company and Tan personally.

According to Tan, based on Clause 1, Article 351 of the 2015 Civil Code related to "Civil liability due to breach of duty", Porsche Saigon has "improperly performed the contents of obligation", arbitrarily disassembling and mechanically affecting the vehicle, leading to the current condition of the vehicle. Therefore, Porsche Saigon must compensate Hale Vietnam for all material loss as prescribed in Clause 2, Article 361 of the 2015 Civil Code.

Confirmation of petition from the People's Court of District 7, Ho Chi Minh City.

Hale Vietnam Company asked the court to consider and compel Porsche Saigon to pay a total compensation of VND 1,052,727,000 (USD 44195.16). The amount includes VND 595,727 million for the cost of replacing the transmission (including value-added tax) according to Porsche Saigon's service quote dated January 5, 2023; VND 7 million for bailiff establishment; VND 50 million per month for the car's loss value, calculated for six months from the lawsuit's date; VND 10 million per month for Hale Vietnam's loss caused by having no vehicle, calculated for six months from the lawsuit's date; VND 15 million per month for time cost for dispute settlement, calculated also for six months.

Pham Anh Tan said that after submitting the petition, he received a written reply from the Prestigious Sports Car Co., Ltd (hereinafter referred to as Porsche Vietnam) on August 3.

Accordingly, Porsche Vietnam confirmed that it had received the petition and replied that it would withdraw the 40% discount on the value of the replacement transmission for Tan as stated in a document sent on February 8.

A reply from Porsche Vietnam, asking Tan to receive the car and refuse to take any responsibility about the car's damage.

Porsche Vietnam continued to ask Tan to receive a Porsche Macan with a damaged transmission at the garage and repeated that it would not be responsible for damage caused by the unused vehicle and related arising problems to this vehicle during its stay at the garage.

According to Tri thuc & Cuoc song previously reported, the incident started on December 8, 2022, as Tan, the representative of Hale Vietnam, brought the 2016 Porsche Macan to Porsche Saigon to repair, repaint, and have its front bumper replaced. In addition to this mentioned requirement, Hale Vietnam does not have any requirements for the inspection and repair of the transmission or the vehicle's internal machinery.

The front bumper crashed before being taken to Porsche Vietnam's garage for replacement.

On December 16, 2022, Tan went to Porsche Saigon to receive the car and did not find any unusual problems. He used the car on December 21, 2022, but after driving for about 1 km, the Porsche reported an error. The transmission was oiled and could not operate, besides many other errors. He reported everything to Porsche Saigon.

At the end of December 2022, Tan brought the car to Porsche Saigon to check for new errors. On December 28, 2022, Porsche Saigon arbitrarily removed the transmission control valve but did not notify and ask for the consent of the car owner.

On January 5, 2023, Porsche Saigon announced that the car had oil leak in its transmission and a damaged control valve. It suggested replacing the transmission, for VND 595,727,000 VND (including value-added tax).

After driving for about 1 km, the Porsche reported an error.

While working with Porsche Saigon, Tan recorded a video from the camera screen at Porsche Saigon's car repair area. According to the video, during the first repair (December 8 to 16, 2023), Porsche Saigon arbitrarily made an impact on the internal machinery without the consent of Hale Vietnam. This caused the damage.

On January 17, 2023, Hale Vietnam sent a complaint to Porsche Saigon, asking to check whether or not Porsche Saigon arbitrarily removed the car's transmission during the first repair without the consent of Hale Vietnam. On February 8, 2023 and February 21, 2023, Porsche Saigon replied to the complaint, proposing a 40% discount to replace the transmission (equivalent to a discount of VND 240,000,000). However, Porsche Saigon did not explain or provide evidence to clarify the complaint's question.

A receipt saying that the Porsche Macan needs to replace its transmission with a total price of VND 595,727 million from Porsche Vietnam.

Four months after the incident, on April 6, 2023, Porsche Saigon proposed to hand over the vehicle at the request of Hale Vietnam. However, Porsche Saigon wants the handover to be carried out only on the condition that Hale Vietnam must sign a Minutes with repair order No. 252004216 dated December 28, 2022, under which Hale Vietnam confirms that it clearly understands the car's status of damage. Hale Vietnam disagrees with this baseless claim.

To date, Tan's Porsche Macan is still in the Porsche Saigon's car repair area. Porsche Saigon has asked the owner to pick it up, otherwise, it will charge a storage fee of VND 200,000/day.

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