Delgira Khodzhaeva, a lawyer at the Nadmitov, Ivanov and Partners Law Firm, gave comments to Pravo.ru for the article "Defective Car: How the Buyer Can Get Money Back".
The Supreme Court considered the issue of returning the defective car and concluded that a significant lack of goods that did not disappear after one repair, and the fact that the seller did not accept the goods for quality control, is the basis for returning the goods and receiving its price.
Lawyer Delgira Khodjaeva agrees with the position of the Supreme Court and noted that in the case under consideration the consumer did not submit the goods for quality control due to the fault of the manufacturer himself. A significant defect of the goods in this dispute was recognized as a defect that appeared again after the warranty repair. This is consistent with the already established judicial practice, including the decisions of the Supreme Court itself. Thus, in case No. 46-KG18-10, the Civil Cases Board pointed out that significant shortcomings include not only those that cannot be eliminated without disproportionate costs, but also those that have been identified repeatedly or appear again after repairs.