Discover food expires, li Mou put forward claim for compensation to shop to the businessman a requirement of 10 times, be rejected by the businessman. Very fast, li Mou is right businessman to lodge a complaint, court of first instance did not support 10 times compensation of Li Mou to request, lawsuit hit Yu forest quadrangle. Recently, the reporter learns, cognizance of Yu forest quadrangle thinks, the profession hits the behavior of dummy to violate sincere letter principle badly, disregard judicatory authority, waste judicatory resource, this kind with evil punish evil, the processing mode of drink poison to quench thirst-seek temporary relief regardless of the consequences cannot get supportive. Recently, final judgment of Yu forest quadrangle adjudicates, reject appeal, maintain original judgement.
Court decision of court of first instance is returned return shopping money
Reject other request
On April 8, 2018, li Mou is deciding happy company of edge county home (inn of domestic happy drum-tower) bought what by Ningxia limited company of science and technology of green source food produces is strong mark return to one's native place medlar of source spy super grade 12, monovalent 68.5 yuan, add up to consume 822 yuan, discover this product already spent the expiration period subsequently.
Li Mou thinks, domestic happy company (inn of domestic happy drum-tower) disobey badly " food safety law " thirtieth wait 4 times prohibit the gender is relevant legal laws and regulations, the sale expires food, enroach on his legitimate rights and interests, appeal to to the court, request 822 yuan to sentence Ling Jiale company to return shopping money, according to " food safety law " compensate for 8220 yuan the 148th times, add up to 9042 yuan.
Court of first instance thinks, according to relevant law provision, after Li Mou buys experience case product, discover feral black medlar feeds strain to expire food, its can retreat goods to perhaps change to operator view will redeem and reduce its loss, will safeguard its legitimate rights and interests and achieve the goal that purifies the market.
Basis " food safety law " regulation: "The food that production does not accord with safe level perhaps is sold knowing perfectly well is the food that does not accord with safe level, consumer eliminates seek redress loss outside, advocate to the generator, person that sell money paid for something purchased or received for something sold is decuple compensation or of the seek redress of other compensation standard that according to law sets, people court should grant to support " , in this case, li Mou advocates with tort liability issue because experience case product exceeds the loss that period of validity causes,happy by the home company is compensated for, the court thinks to advocate compensation with tort liability, ought to have in person, belongings damage reach compensation of the view below losing premise, in cognizance, li Mou did not refer evidence to prove experience case product causes a loss to its to the court, do not answer applicable " law of safety of food of People's Republic of China " regulation, reason is in only to Li Mou's appeal return return shopping money paid for something purchased or received for something sold 822 yuan in give support, after other loss waits for his to have new evidence, other case advocates.
Forensic first instance adjudicates, by happy commerce of home of the county that decide an edge finite liability company is returned return accuser plum some shopping money 822 yuan. Reject other suit of Li Mou to request.
Know perfectly well a product to put limitation and buy
Yu forest quadrangle rejects appeal
After first instance is adjudged, li Mou refuses to obey, put forward to appeal. Cognizance of Yu forest quadrangle thinks, from inside consuming dimension authority judicatory to carry out at present, know materiality of the false behavior that buy a holiday to become commercialized trend, appeared more and more professions call the dummy, company that make a holiday (group) , its motive is not to purify the market, use penalty to sexual compensation seeks profit for oneself or borrow however opportunity is right the businessman undertakes blackmail. Have more very person had won the lawsuit in the light of some product and win compensation, buy this product to in an attempt to to gain profit again again. Afore-mentioned behavior violate sincere letter principle badly, disregard judicatory authority, waste judicatory resource, this kind with evil punish evil, the processing mode of drink poison to quench thirst-seek temporary relief regardless of the consequences cannot get supportive.
Evidence shows, li Mou for many times lawsuit, hit dummy for professional profession, li Mou is belonged to apparently know perfectly well product presence flaw and blemish, and give buy backward the case of claim for compensation of the person that sell. If be support to visit, deviated from the tenet that legal provision manages by exercise of relevant management department, the likelihood brings about relevant management department to manage desalt of powers and authorities of office, the disorder of order of occurrence market control. This year in April, court decision of Yu forest quadrangle rejects appeal, maintain original judgement.
Everybody is looking
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? Attention, these adornment decorate quality sampling observation unqualified!
? The safety on the tip of the tongue of teachers and students must be ensured strictly!
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