5 years ago, the Shenzhen old person of a batch of 67 a period of ten dayses is pressed down by the car, bought local health lake to protect old courtyard " manual of preserve one's health " (enter favourable proof) , so that live at will be being entered henceforth when orgnaization of provide for the aged of this high end,enjoy privilege.
However recently, many old person Xiang Na that buys notebook reporter report, oneself are informed to do not have a qualification, the reason is money is received by estate company; In the meantime, still have report of many 20 old person, they applied for refund to do not have a success up to now last year.
South the reporter understands, the condition of economy of old person majority that buys notebook is advantageous, culture administrative levels is higher, there is no lack of among them the Gao Zhi crowd such as retired high teacher, senior engineer. As we have learned, have 70 old people at least enter a qualification to not be approved, these old person place hand in money to be spent by development apricot the estate company of village community in order to protect the nominal collection of old courtyard, amount of old person drag in exceeds 1 million.
Handed in 9800 yuan, the Lu Fei that flatter oneself gains member competence (alias) old person, did not think of to be able to be in however protect old courtyard the eve of the lunar New Year to be able to go up " meet with refus " . "I made money obviously, kang Hu protects old courtyard to say to did not get money, the contract also is not them. " her Xiang Na the reporter pours out.
Lu Fei this year 73 years old, shenzhen is before retiring a high teacher. In July 2014, she falls in the invitation of a salesperson, head for Kang Hu to protect old courtyard to look around by the bus together with a few old people, the unanimous opinion after everybody looks around is " here condition is very good, very normal " .
Subsequently, the salesperson organizes the old person assembly room, begin to promote this to protect old courtyard " manual of preserve one's health " . According to introducing, "Manual of preserve one's health " every 9800 yuan, every buy to be able to have the privilege that protects old courtyard two years to live authority, enjoy this courtyard accommodation, meal, go angling, wash one's hair sufficient, protect often wait for a service. The sale says, protect old courtyard to getting sales promotion, this price can give an old person, still get whereaboutldirection deputy total application.
The old person such as Lu Fei is in of the sale persuade below, subscribe " manual of preserve one's health " , want to meet take time however, the sale says finance affairs is not here however. "They use what we pulled bus handlebar to thank hillock to press down again ' apricot spends a village ' , that place is a selling office, the sale still is in market the building that developing dish, we make money over namely. " she says.
Although some are interrogative, dan Lufei sees those who protect old courtyard the contract official seal on the hand is Kang Hu, put down a heart to come.
Before long, lu Fei's neighbour also bought those who protect old courtyard " manual of preserve one's health " . When the end of the year, neighbour calls her to attend the eve of the lunar New Year that protects old courtyard to meet together, right now she did not receive an announcement, but also did not think more, then accompany and go.
Be in however protect old courtyard the eve of the lunar New Year when meeting site is registered, her the accused knows him is not a member. "They say to the name that is less than me seeks on list, still say the official seal on manual is different, they did not get my money. " Lu Fei says.
In Xiang Na in 27 old people of reporter report circumstance, still have two people condition and her similar. "That paragraph of time, every week many bus cars go to Shenzhen each village conduct propaganda, pull a person to go next Kang Hu looks around, sell manual. " the old person says the He Huiyi that senior engineer is before retiring. She expresses, oneself also spent 9800 yuan to buy a notebook, also be later the accused knows, the qualification that she did not enter. Different nevertheless is, she states she is to be in the money that protects old courtyard assembly room to hand in.
South the reporter sees, on Lu Fei and He Huiyi hand this " contract of manual of preserve one's health of Dongguan Kang Hu " , protect old courtyard place to approbate with Kang Hu " Dongguan Kang Huyi raises contract of manual of mountain villa preserve one's health " comparative, state inside name and article go up to differ somewhat, but official seal is " Dongguan city Huang Jiangkang lake protects old courtyard " .
Nevertheless, lu Fei's receipt is " Kang Hu is away for the summer holidays mountain villa is special receipt " , official seal also is " Dongguan city Huang Jiangkang lake is away for the summer holidays mountain villa " gathering is special chapter; Although Kang Hu protects old courtyard He Huiyi's receipt, but counterfoil indication gathering just is " Dongguan city scorching sun is industrial investment limited company " .
Why the contract of these a few old people and someone else are same, and is gathering just to protect old courtyard however? South the reporter contacted Kang Hu to protect dragon of Liang Fei of old courtyard controller.
He expresses, should protect old courtyard to begin to sell from 2014 " manual of preserve one's health " , purchaser exceeds 200 people, and old person of this part of Lu Fei and He Huiyi is not its member, the Kang Hu that mentions in front is away for the summer holidays industrial company also does not belong to mountain villa and scorching sun protect old courtyard. "It is apricot those who protect old courtyard sale is pretend to be over there beautiful village, money is received by that boss, did not concern with us. " he says.
Bridge flying dragon says, boss of this estate company also wants to make live out one's life in retirement at that time, but devoid capital, go to Shenzhen expanding a membership, pull an old person to arrive protect old courtyard to look around, make money in another place next. "Our protecting old courtyard is open, everybody can look around so " . He says.
Bridge flying dragon indicates estate company, for Dongguan city health lake estate develops a company, project of beautiful village of industrial company and apricot of town thanking hillock puts in scorching sun 's charge this company is all. July 2018, this company place develops Lou Panceng to be built because of violating be compelled to demolish by the government.
Dragon explains Liang Fei, before 2013, kang Hu protects old courtyard to also belong to company of health lake estate, rented existing group to manage 2013, dealt with at that time hand over formalities, included official seal to be handed in. "Privately engraves the official seal that they sell manual to use later, the line with mimeograph has handwriting to differ apparently. " he says.
Introduce according to him, as similar as circumstance of rash Fei old person still have 70 much people, protect old courtyard to discover somebody is sham later after its collect fees, ever with this company bargaining, negotiate if finally can refund or let an old person protect old courtyard to be entered, need not investigate duty. South the reporter understands, the subsidiary that collects fees at that time already disband, nevertheless head office is assumed as before find a place for the responsibility of the old person.
Remove issue of contract of true and false, old person and protect old courtyard to be on the cession of manual and refund difference is very big also. Xiang Na of a personage of know the inside story the reporter expresses, after 2015, huang Jiang presses down division of governmental society work to welcome the old person that comes round because of manual dispute to complain ceaselessly, because this protects the sale activity of old courtyard at making stop 2017.
About the cession of manual and refund, many old person is mirrorred, salesperson and contract are affirmatory, buy notebook full after two years, if the old person does not live, protect old courtyard to be able to be made over for you, OK also refund.
But Xiang Na of Fan Nv person the reporter expresses, a year ago, its mother answers provide for the aged of Zhejiang native place along with the son, the hope protects old courtyard to make over manual, but fail to make over from beginning to end go out. She puts forward to press contract refund then, but protect old courtyard to say " refund needs to queue up " , had not retreated up to now. Other old person also expresses, oneself put forward refund hind last year, also did not take money up to now.
To this, bridge flying dragon says frankly, these two years of provide for the aged are not hot, manual is not can make over at any time go out, but protect old courtyard to try hard to be in all the time help make over, the manual that there is an old person before this already made over a success.
Agree to pay 35% penalty due to breach of contract to still cannot get refund as to the old person, he explains, because protect old courtyard to just experienced property right to change, capital will was in all the time in April to this year in November from last year freeze state. He expresses, financing is firm April firm defrost, handle concentration the refund issue of this part old person. "We 56 month deal with refund formalities, this bit of old person can be at ease. " Liang Fei Long Xiangna reporter acceptance.
And be not protected about the contract of 3 old people such as Lu Fei old courtyard is approbated, the problem with capital unknown whereaboutldirection, south the reporter dials telephone of office of company of Dongguan city Kang Hu estate for many times, nobody put through; To Dongguan city scorching sun at the same time industrial investment limited company is checked, up to before distributing news dispatches, the other side also has not reply.
10 days, in-house personage of this estate company, Kang Hu protects old courtyard Xiang Na of former administrator Tan Mou the reporter expresses, the course is communicated with all possible means, protect old courtyard to divide outside cannot giving these a few old people refund, can admit its to be entered. Bridge flying dragon also expresses to the reporter yesterday, this part old person can deal with stop add, settle accounts means by protect old courtyard and estate company to talk things over solve.
"Manual of preserve one's health " what property be? Does this kind of provide for the aged serve sale to need aptitude?
The Xiang Na of Qu Qin of office of Shanghai Tian Shanglv division's lawyer that pays close attention to problem of law of domain of provide for the aged for a long time reporter analysis, this " manual of preserve one's health " collect fees means is similar to a member to make pattern of provide for the aged, because its are corresponding, is to enter the qualification of orgnaization of provide for the aged to reach those who enjoy preferential price standard to expect an increase. He points out, still do not perfect about the legislation of this mode at present, civil administration ministry and hair change appoint although have file standard of orgnaization of provide for the aged collect fees method, but did not set similar collecting fees is lawful.
South the reporter understands, build capital inadequacy to make up for establishment to orgnaization of provide for the aged, through selling imprest cost property " the member gets stuck " the behavior that waits for a form to have sale, a few days ago print and distribute of general office of the State Council " the opinion that serves development about advancing provide for the aged " in put forward " according to include careful superintendency principle, make clear restricted condition, take a commercial bank tripartite puts tubal means to ensure fund management uses security. Take a commercial bank tripartite puts tubal means to ensure fund management uses security..
However, no matter be scorching sun,industrial company or health lake group all are not orgnaization of provide for the aged. Qu Qin thinks, according to at present the regulation of policy, be not charge of collection of one party of orgnaization of provide for the aged, and use its at be not the utility that provide for the aged serves, existence breaks the law violate the condition of compasses. "If be brought about finally,cannot recover, the likelihood faces criminal liability. " he says.
Old to protecting courtyard the because of getting debt problem that does not ratify the old person contract such as Lu Fei, qu Qin points out, if the official seal that protects old courtyard is on contract and receipt, so protect old courtyard to need to assume responsibility. "Protect old courtyard not to get the issue that is in with may be being put between its and estate company for, the consumer of antagonism kindness. " he says.
Qu Qin expresses, current, the member makes collect fees mode operation is more troubled, the case that causes consumer rights and interests to cannot get safeguard happens from time to tome. He thinks, should appeal the government is legislative, superintend a branch certainly, orgnaization of clear provide for the aged raises fund to whether need to prepositive administration is permitted or put on record, normative capital collection square aptitude, guide orgnaization of supportive provide for the aged to close legally thereby compasses manage, ensure the rights and interests of good old people.
Interview and write: South Su Hailun of Hu Mingshan of reporter of learn on job's reporter
