"This is the consumptive dispute between I and colleague hall originally. good now, I give the government accused. " Li Wei (alias) mood is a little helpless.
Before 8 months, because discover from the certificate of approval that colleague hall after the event offers, oneself are purchased from high price of drugstore of Nanjing of Beijing colleague hall, Chinese caterpillar fungus of occurrence unwell of the body after taking, be not colleague hall actually " production " , come from Sichuan however a company. Then, li Wei complains colleague hall to be suspected of to superintendency bureau of market of region of the Huaihe River of Nanjing city the Qin Dynasty " con " .
Li Wei thinks, he is buying a process in, drugstore of Nanjing of Beijing colleague hall never informs this Chinese caterpillar fungus to be not his " production " , have through imprinting variously inside inn however " colleague hall " of the label pack, colleague him hall machines production the Chinese caterpillar fungus that makes consumer thinks colleague hall sells by accident, because this ability is willing,thousands of yuan price buys beautiful tower above.
Bureau of inspect of city of area of the Huaihe River of the Qin Dynasty is made after 21 days brief " answer " think, the relevant evidence that provides to Li Wei undertook hold a conference or consultation studies, the behavior of drugstore of Nanjing of Beijing colleague hall " do not form con " . After 3 months, administration of government of district of the Huaihe River of the Qin Dynasty reconsiders a decision to maintain afore-mentioned " do not form con " " answer " .
Li Weisui mixes bureau of inspect of city of area of the Huaihe River of the Qin Dynasty district government tells a court, government of district of the Huaihe River of requirement the Qin Dynasty and city inspect bureau recall afore-mentioned decisions, retexture.
On April 17, this case first instance is sessional. Insurgent news (Www.thepaper.cn) notice, debate central issue still is, both sides offers effectiveness existence difference of evidence to Li Wei.
For instance, hold actual production manufacturer (namely Sichuan country is strong) machine make small bill and product certificate of approval, colleague hall is bought in consumer did not offer at that time, however with handwritten small bill (one column composes manufacturer home Qinghai) acting, whether do this explain colleague hall has con intended? Of bulk Chinese caterpillar fungus pack and indicate only on price tag " drugstore of Nanjing of Beijing colleague hall " , and without " Sichuan country is strong " model of written characters, whether is this again misdirect consumer?
"The packing box of Chinese caterpillar fungus of colleague hall bulk " , all do not have on price tag and functional introduction paper " Sichuan country is strong " model of written characters, also did not see " certificate of approval " . After the event of department plum dimension goes to the picture door inn place is photographed
Whether does colleague hall have con and intended?
Li Wei thinks, drugstore of Nanjing of Beijing colleague hall is bought in its at that time, not only did not offer any have carrying true manufacturer (namely Sichuan country is strong) proof, for instance certificate of approval and the chance that ought give customer make small bank note, contrary, all whole sale process, issued data are concealing colleague hall painstakingly " Sichuan country is strong " existence.
For instance, why to carry to consumer " Sichuan country is strong " machine make small bank note, gave a piece of handwritten sale small bill merely however, on small bill " manufacturer home " is one column returned by " intended " write into producing area " Qinghai " ? Box of bulk Chinese caterpillar fungus and above the paper that introduces about function of Chinese caterpillar fungus, why to write only " Beijing colleague hall " model of written characters, and without the least bit " is Sichuan country strong " shadow?
To secure testimony, li Wei still arrives again with consumer identity this inn seeks advice from Chinese caterpillar fungus, record next video. In video, in be asked about " is bulk Chinese caterpillar fungus of pron yourselves, sell other brand? Do not want time you are taken outside of manufacturer sell us, we were bought to the outside as oneself " , the salesperson replies " how likely, this is hundred years old store, still dare break a brand so, our peace is commendable " , "Be ourselves " .
Li Wei thinks, this is the true condition that the salesperson is concealing them to sell other manufacturer Chinese caterpillar fungus painstakingly.
Carry manufacturer home " Sichuan country is strong " machine make small bank note, in this case, colleague hall did not offer customer.
To afore-mentioned doubt, argue of bureau of inspect of city of area of the Huaihe River of the Qin Dynasty says, through spot examination, colleague hall displays the box of Chinese caterpillar fungus to although have function of product of one Introduction Zhang,go up advocate treated paper, the Yin Youwen on paper word " Beijing colleague hall " , but keeping manufacturing unit is pharmaceutical factory of Beijing colleague hall, and still put inside the box one indicates " Sichuan country strong Chinese traditional medicine company of prepared herbal medicine in small pieces ready of decoction " certificate of approval, because bureau of inspect of city of area of the Huaihe River of this the Qin Dynasty thinks colleague hall drugstore is inside inn hall,use oneself name does not break the law, won't form the misdirect to consumer.
Next, government of district of the Huaihe River of the Qin Dynasty and bureau of inspect of city of area of the Huaihe River of the Qin Dynasty think, hold title of actual production manufacturer (namely Sichuan country is strong) product certificate of approval and machine make small bank note, colleague hall drugstore did not offer customer when buy, but consumer can be gotten through normal channel. Consumer is asked for examine when the report, colleague hall also examines Sichuan country by force the report gave customer, "Colleague hall drugstore is so nonexistent also subjective those who go up is intended " .
Carry manufacturer home " Sichuan country is strong " " certificate of approval " . Li Wei says, buy at that time, did not see this certificate of approval inside box of bulk Chinese caterpillar fungus.
Liu of division of instrument of medicine of bureau of inspect of city of area of the Huaihe River of the Qin Dynasty surnames news of Pai of section chief Xiang Peng to express, colleague hall did not make the machine that carries manufacturer home small bill give customer, this belongs to the working error of drugstore, "Following is two different matters false " . Go up as to the sale small bank note that offers customer " manufacturer home " be written into producing area " Qinghai " , department " a slip of a pen " , cannot explain colleague hall has fraudulent action.
Liu section chief expresses, when after the court adjudicates, if have other be maintained by the court imperfect place, city inspect bureau can be investigated together and requirement colleague hall is rectified and reform, "For instance, let colleague hall notice language standard, when be being communicated with the client, should listen to the problem rejoin of clear client. Should listen to the problem rejoin of clear client..
To the video evidence of Li Wei filling collection, bureau of inspect of city of area of the Huaihe River of the Qin Dynasty thinks, after filming time buys deed in its experience case, do not have associated sex with this case. "The video that after buying, records is indemonstrable the circumstance when buying, perhaps you send video the Chinese caterpillar fungus that colleague hall has him only really in those days. " section chief of surname of Liu of bureau of inspect of city of area of the Huaihe River of the Qin Dynasty expresses.
Bureau of inspect of city of area of the Huaihe River of the Qin Dynasty and government of district of the Huaihe River of the Qin Dynasty think, chinese caterpillar fungus is natural plant, nonexistent the problem that which factory produces, beijing colleague hall and Sichuan country are strong it is to buy square, "Exist only the issue with the better quality of Chinese caterpillar fungus that which brand buys " . "We inspect place of production only, with buy just did not concern, as long as (colleague hall) tell source clearly consumer, the specification is done not have this piece in producing area con. The specification is done not have this piece in producing area con..
Consumer: "The fraud cent of colleague hall is two phase "
Li Wei says, he is to think the force that visit a site takes a shortcut originally -- engage in a lawsuit cost is too high, so selection administration is complained, "But did not think of to be met " .
The thing results from on July 7, 2018, v/arc be on the throne of Li Wei wife at Nanjing the Beijing colleague hall on the road in city Chinese (Nanjing drugstore) , bought Chinese caterpillar fungus of 25 grams bulk with 10 thousand multivariate price.
According to its the wife is recollected, counterjumper is recommended at that time, for private use can buy bulk Chinese caterpillar fungus, with the box that contains colleague hall label photograph of outfit Chinese caterpillar fungus is compared, bulk Chinese caterpillar fungus is coequal quality, but went less packing cost, price is in 400, 500, 600 yuan differ, buy Deduoke to be folded in order to hit.
But, after drinking water of bubble of a few days of Chinese caterpillar fungus, she begins to appear unwell, "Some are fond of abdomen, companion has calcination to feel " , there also is same symptom after those a few days of children drank water of bubble of Chinese caterpillar fungus, go to a hospital later, mother and daughter two all by fish " double kidney is crystal " , then suspicion is the problem of Chinese caterpillar fungus.
In Xiang Tongren hall requirement exchange a purchase is not had if really, the certificate of approval that takes out from the other side and detect after actual production manufacturer is being learned to be not colleague hall on the report, li Wei feels " was cheated " .
"Typical try to palm off sth. inferior to what it purports to be. " Li Wei says, the price of Chinese caterpillar fungus of colleague hall wants than every gram of other place at least expensive on 89 yuan, add up expensive two 3000, be willing to spend high price to buy, developing the hundred years old brand of colleague hall and reputation namely.
"If I know those who produce treatment to this is not colleague him hall, come from Sichuan however a not well-known company, how may I spend high price to be bought in colleague hall? Why to go to other place buying? Why to go to other place buying??
Because of the problem of exchange a purchase of Chinese caterpillar fungus, li Wei wife and counterjumper produced conflict, counterjumper of hall of the colleague when she remembers becoming " the attitude is tough " , "Let us go the court is accused " .
Engage in a lawsuit force of time-consuming bad news, this is not Li Wei's first selection, he chooses to be complained to bureau of inspect of city of area of the Huaihe River of Nanjing city the Qin Dynasty, report should approve Chinese caterpillar fungus to have quality problem,
After 21 days, city inspect bureau is informed face to face " Chinese caterpillar fungus of this batches of bulk has sold colleague hall, cannot appraisal " , enquire Home Li Wei returns remnant to have how many Chinese caterpillar fungus, can obtain appraisal, li Wei " afraid and only evidence falls into his hand " , then the choice turns and complain colleague hall to be suspected of " con " .
Li Wei thinks, colleague hall is in sale process " conceal painstakingly " afore-mentioned enough changes buy decision-making fact, be suspected of misdirect consumer.
His backdate whole process, think of drugstore of Nanjing of Beijing colleague hall " bunco " whole process can be divided be before paying, mix the two parts after paying.
Before paying, inn-keeper is in intentionally the bag mount make an issue of of Chinese caterpillar fungus, when consumer sees box of ceremony of Beijing colleague hall pack Chinese caterpillar fungus, with " oneself eat not to need to pack " for the name, lure the customer to bar of bulk Chinese caterpillar fungus. "Imprint those who have chemist's shop of Nanjing of Beijing colleague hall mark a price the packing box on autograph and bulk Chinese caterpillar fungus, can let consumer think this is the Chinese caterpillar fungus of brand of Beijing colleague hall by accident. And the certificate of approval that holds a manufacturer also cannot see inside the box that pack. And the certificate of approval that holds a manufacturer also cannot see inside the box that pack..
The handwritten sale small bill that colleague hall opens, "Manufacturer home " one column is written into producing area " Qinghai " .
After buying, "They are in again handwritten small bill produces manufacturer one column, write intentionally into producing area, let consumer did not realize already so, also go to the lavatory at the same time in the future ' swing boiler ' . When claiming to sell customer at the outset, be with the brand with Sichuan strong country, (although organic hit small bill to be card, but machine making small bank note is to do not have consumer at all, however in-house check uses) what write on handwritten receipt is Qinghai not be Beijing colleague hall. However in-house check uses) what write on handwritten receipt is Qinghai not be Beijing colleague hall..
Bureau of inspect of city of Dan Qinhuai area thinks, afore-mentioned " evidence " all indemonstrable colleague hall has " con " intended.
City inspect bureau: Chinese caterpillar fungus grows naturally, colleague hall needs to check producing area only
Drugstore of Nanjing of Beijing colleague hall is by Beijing colleague hall commerce invests a group (51% ) with the natural person Guo Zukun (49% ) joint-stock establish.
On June 19, 2010, group of Beijing colleague hall issue " ' colleague hall ' book of accredit of name use license " , agree will " colleague hall " the component that regards this company as the name, time comes in June 2020.
When bureau of area city inspect and government reply to a charge, Qin Huai thinks, as drugstore, drugstore of Nanjing of Beijing colleague hall can sell goods of other production manufacturer. Chinese caterpillar fungus is natural plant, nonexistent the problem that which factory produces, "Exist only the issue with the better quality of Chinese caterpillar fungus that which brand buys " . "We inspect place of production only, with buy just did not concern, want a producing area to tell customer clearly only, the specification is done not have this piece in producing area con. The specification is done not have this piece in producing area con..
"E.g. medlar. " He Wei of deputy warden of area of the Huaihe River of the Qin Dynasty made an example, "The medlar of Ningxia is best, but put in me this sells, want to check this producing area only, no matter who is bought (it is possible) , if he is unwarrantable the Chinese caterpillar fungus that is Qinghai is con, the medlar of the medlar of Ningxia and Shanxi is different. The medlar of the medlar of Ningxia and Shanxi is different..
Since Chinese caterpillar fungus is natural plant, the Chinese caterpillar fungus that colleague hall also can sell other manufacturer is bought, so the Chinese caterpillar fungus that colleague hall sells and have somewhere else why to differ? Is the price expensive where be? Whether does colleague hall have him " produce " Chinese caterpillar fungus? Whether does colleague hall have the obligation that has guard a pass and accusing character to buying Chinese caterpillar fungus?
Insurgent journalist to " store of flagship of colleague hall government " reach claim the customer service cleaning out treasure of store of flagship of Beijing colleague hall seeks advice, customer service expresses, the Chinese caterpillar fungus that colleague hall sells is " after purchasing, colleague hall proper motion is machined " , a few more outstanding on craft of select material, n/med the process of preparing Chinese medicine. "Chinese caterpillar fungus is Tibet here that, because produce,manufacturer differs, the price is so different, but it is the enterprise with colleague subordinate hall, so character is pretty good " .
Customer service offerred sale Chinese caterpillar fungus " product information " , the manufacturer is " Beijing colleague hall (bring a country) Chinese traditional medicine prepared herbal medicine in small pieces ready of decoction is finite liability company " , inquire " the treasure that start a letter " knowable, this company joins fine and soft to invest group limited company for medicinal material of Beijing colleague hall (51% ) with the city that bring a country technology of one Da Xincai makings extends a service (49% ) joint-stock hold water.
"Our colleague hall has tradition of 350 years, insist to choose all the time makings is excellent, elaborate n/med the process of preparing Chinese medicine, curative effect is distinct, be close friends than effect of other brand product a lot of. " the conduct propaganda of craft of colleague hall treatment that customer service hair comes to says in material, the Chinese caterpillar fungus of colleague hall is machined, want to refine through 15 working procedure, metallic detector passes check one by one, 4 traditional handiwork choose, every batch is complete manage changes index to detect, 5 times moisture checks, "Discharge one by one check, eliminate defective goods, every have typical highland aweto is idiosyncratic " .
A sale of company of prepared herbal medicine in small pieces ready of decoction expresses Sichuan country strong Chinese traditional medicine, they are the medicinal material market from Chengdu buys the Chinese caterpillar fungus that come, 25 grams sell colleague hall is 779 yuan probably. "Colleague hall meets him choose to purchase business, also can guard a pass to the price and quality " .
A personage inside the line of business that buys Chinese caterpillar fungus expresses, beijing colleague hall also has closed to sell before, but manufacturer is the Chinese caterpillar fungus with Sichuan strong country, "Value of true colleague hall Chinese caterpillar fungus is very expensive " .
Afore-mentioned Liu surname section chieves express bureau of inspect of city of area of the Huaihe River of Nanjing the Qin Dynasty, colleague hall has the obligation that accuse to selling Chinese caterpillar fungus undertakes quality is in charge of and guards a pass.
"Our executive authority thinks, will integratedly see colleague hall is to be not formed con, so we also gave him answer, he can concern completely according to law of code of civil law, have civil suit to the court. Administrative lawsuit solves an executive authority to whether walk on the problem of duty only, with him thought of this civil and con consumption fors the time being case, I feel to do not have any relations. " bureau of inspect of city of area of the Huaihe River of the Qin Dynasty expresses in front courtyard careful.
Be in early actually when will awaiting administration to reconsider last year in October, li Wei is suspected of with colleague hall " con " and " sell fake Chinese caterpillar fungus causes healthy advantageous position to be damaged " for accused drugstore of Nanjing of Beijing colleague hall court.
But later, government of district of the Huaihe River of the Qin Dynasty and court of district of the Huaihe River of the Qin Dynasty are because of the other side for cognizance break down, he tells in the judge civil judgment is a case only, it is OK that administration is investigated after punish phenomenon, li Wei nolled prosequi, "The judge also says with me at that time, this law case if white paper a piece, sentence fortunately some, the executive authority gave after maintaining, the judgment with civil influence of the meeting on certain level " . "I do not have method now, can continue only. Can continue only..