He says he won a brand new car, but gave him a car toy instead
Sergio | El 12, Abr 2016
The conflict arised in Santa Fe during the anniversary party of a car dealer which organised a draw; the business owner denied that the prize was a real car and the case went to the provincial Justice
SANTA FE. The story takes place in Ceres, a town located 270 kilometers northwest the capital of the Province, when a car dealer organised a draw (aka “sorteo”) to celebrate its anniversary. The winner claims the prize was a 0 Km car. But he dennounced that when he went to claim the prize he was delivered a toy car. Yes, 0 Km.
The dealer owner denies fraud and says he handed the promised award, which was a a Porsche replica. But as newspaper The Nation reported today, the prize winner, denies it. He ensures that during the party for the tenth anniversary of the car dealer in Ceres Town, it was publicly announced that “the gift was something I would enjoy the children or grandchildren of those who had attended the lunch”.
The car dealer argues that he is calm because noboday was cheated, and emphasized that they delivered the prize properly, which was a replica of a Porsche. “I have witnesses who accompanied us that night. During the weekend the winner changed his mind and came on Monday to demand something that did not belong to him. It took me back and hit me. Then he escaped and when he was arrested by the police said I had threatened with a weapon. None of that is true“.
But the winner insists in claiming a brand new Porsche: “I made inquiries with two lawyers and both agreed that I am right”. The owner of the car dealer repeated to me that the prize had already been delivered. I went crazy, I pushed him and he pulled out a gun. I escaped the place. Then police took me to identify.”
The Nation published that the winer’s lawyers have already filed a fraud claim (source) because what was advertised and rules cannot be legally circumvented. According to Argentine law, the advertised draw is binding for those who advertises it. Moreover, if terms and condictions of the draw are ambiguos, the controversy must be decided in favor of the consumer which is pressumed to be the weak part. More legal issues, here.
The case would be simmilar to the one of a Florida girl who competed in a contest thinking she’d win a Toyota car but actually wins a toy Yoda…
Spanish version. Una concesionaria de autos de Ceres organizó un sorteo para celebrar su aniversario. Promocionaron un auto (no está claro cómo) y al ganador le dieron una réplica, un auto de juguete. Cuando fue a reclamarlo parece que empujó al dueño y este le habría disparado, así que intervino la policía. Según la ley argentina, las bases de un sorteo son vinculantes para el organizador. El tema es analizar las bases, y si no hubo bases, la concesionaria tiene una contingencia. El caso es similar al de una concursante de Florida que creyó ganar un Toyota en un concurso pero sortearon un Toy Yoda… Leer más, acá.