On hungry, outside waiting for platform to order, beautiful group sells already became instantly the daily activity of many people. Complain platform to complain a circumstance according to getting together, eat is ordered not to press conventional time service on the net, after awaiting for a long time even, just be cancelled by platform order, happen from time to tome. Does consumer face issue of this kind of vexed this how does thought for the time being?
Recently, beijing Internet court is right
hungry the first instance court decision of a case
To relevant each just attended one class well
Case hair is passed
By last year, beijing week gentleman is in hungry order place of true kongfu meat, the page is publicized " whole town sends about 41 minutes " . 11:0Sell outside clew of 8 short messages already sent, 11: Because deserve to send a problem to be cancelled,38 short messages tell order.
This year January, mr Zhou with respect to this matter court of northerly Beijing Internet sues hunger con consumer, ask its are pressed " disappear law " compensate pays 500 yuan.
hungry deny existence fraudulent action, say to fasten true time company to make cancel behavior, answer to assume corresponding responsibility by true time company.
Each just state as follows:
Accuser: Week gentleman
Because the accused conduct propaganda orders eat whole town to send about 45 minutes, oneself on December 12, 2018 10: 12 expenditure 19.5 yuan from hunger the sheet below the management platform that order meal purchases true kongfu formula, show next sheet are successful, predict 11: 45 service, 11: 08 hunger breath of systematic hair incoming letter shows in distributing, when awaiting eat to taste, in 11: 45 be enforced to retreat sheet by the system, clew cannot deserve to send, oneself think the accused is put in false conduct propaganda to deserve to send time, send will cancel directly nevertheless.
Basis " consumer rights and interests protects a law " the 44th, fiftieth 5 regulations, operator offers a service to have fraudulent action, ought to increase the loss that recoups its to get according to the requirement of consumer, the amount that increases compensation buys the money paid for something purchased or received for something sold of commodity to perhaps accept 3 times of the charge of the service for consumer, the amount that increases compensation is not worth 500 yuan, it is 500 yuan.
The accused: hungry
1.We are " hungry " the operation business of the platform that order meal, offer a network to run a place, trade match, information is released wait for a service, we manage regulation of act be good law.
2.True time company is " hungry " of the platform that order meal into be stationed in a businessman, via examine and verify its have the aptitude that meal serves and capacity, we are nonexistent con case.
3.Accuser is passed " hungry " the platform that order meal orders meal to true time company, by true kongfu the company makes the conduct that cancel after, answer to assume corresponding responsibility by true time company.
4.Accuser orders food money to had been returned, to any losses are not being had its.
The 3rd person: True kongfu
1.We did not cancel accuser to be in Lazasi the order of the company, of case experience order cancel to have nothing to do with us. Above all, on December 12, 2018, we are received by the order message that Lazasi sends on company platform, this order is make an appointment odd, the requirement is in that day 11: Taste eat 45 minutes send accuser to appoint the position. Lazasi awaits after we accept the order the member deserve to send of the company comes round to take meal, but the member deserve to send of the company did not take Lazasi eat, till industrial and commercial that day afternoon bureau heads for us,dining-room handles accuser complain ability witting this order is cancelled matters concerned.
Next, does according to the Lazasi that we use the information on the businessman edition platform of the company show: ? Xuan drag relatively does dim glow of the setting sun of Nuo of younger sister of sheng of flood of the Wo that lead Shou fetters does Juan Si of bank of plinth of of of Mao of blame of of compose of of of unlined upper garment of Ti of Lu head beat prize of Pi Pan to low protect to work peace of of compose of of of unlined upper garment of cowardly of Suo ┑ ナ does Lu of dry up Miao low?
2.Inn of door of fine friend edifice is in our subordinate Lazasi shows on the homepage page of company platform " whole town deserves to send time about 41 minutes " propagandist information is not us to release, however by Lazasi business door enters the platform system ground of the company the conclusion that after the record has information pool, the sale after be stationed in reachs, show in business householder page, we are nonexistent the problem of false conduct propaganda.
Beijing Internet court
This academy is as follows via hearing cognizance fact: The company is Lazasi " hungry " the platform that order meal (the following abbreviation " hungry " ) operator, on this platform true kongfu (inn of fine friend edifice) operator is company of true time of the 3rd person.
Accuser on December 12, 2018 10: 12 in " hungry " online pay 19.5 yuan from true kongfu (inn of fine friend edifice) order " soup of luxurious sheet person covers sweet juice chop " , order order is 1229002805218768116. After ordering meal at 11:08 get number " 10691238130017 " sent short message: "[true kongfu] client: of respect? mu ┑ LMP1229002805218768116 has sent, by caballero hunger the member that deserve to send is distributed for you. . . . " .
With day 11: 38 get number " 1069166616141277 " sent short message: "[hungry] you are in true kongfu (inn of fine friend edifice) because the order below deserves to send a problem to be cancelled. . . . " . Order cancels a page to show deserve to send means to be " the businessman deserves to send " , deserve to send cost to be 7 yuan. This order shows already refund.
When open a court session, accuser submits plan of cut of case experience order, deserving to send means place to show already changed for " whole town sends " . True kongfu (inn of fine friend edifice) show on webpage conduct propaganda " whole town sends about 41 minutes " . Above fact, party just does not have controversy each, this academy gives affirm.
On May 13, basis of Beijing Internet court " consumer rights and interests protects a law " make a court decision:
hungry trade as the network existence of the person that platform is offerred provides the case with truthless information, as the person that deserve to send a service to offer existence conceals the behaviour that affects trading important information possibly, form con, support tells to beg formerly.
▼ focus of two big dispute
In afore-mentioned judgment, beijing Internet court thinks, this case puts in focus of two big dispute:
Controversy focus one: About hunger the issue that offers service content.
hungry say, in order of experience of its on record " offer a network to run a place, trade match, information is released wait for a service " , do not include deserve to send a service.
Controversy focus 2: About hunger the problem that whether fraudulent action exists in offerring service course.
hungry deny existence fraudulent action.
To this, beijing Internet court gave out detailed analysis:
(1) about controversy focus the analysis of one:
The evidence that company of true time of the 3rd person submits can prove, arrived on July 27, 2018 during March 4, 2019, bilateral agreement deserves to send the accused offers hummer whole town to send a service for means.
In the meantime, the short message record that provides according to accuser shows, case experience order by " caballero became hungry the member that deserve to send " undertake deserving to send, the accused approbates this short message to be sent by its, the door inn that also approves case experience order uses the means that hummer whole town sends.
In the accused hunger below the case that did not provide significant contrary evidence, the person that think case experience order deserves to send a service to offer should be the accused hunger.
So, hungry offerred service should include two fields:
On one hand, trade as the network the person that platform is offerred, its should offer a network to run a place, trade match, information is released wait for a service, specific to this case, the accused should assure to trade platform moves normally, should provide the order information of accuser well and truly the progress case that signals accuser order in time to the 3rd person;
On the other hand, as the person that deserve to send a service to offer, its should taste eat of case experience order seasonable service to appoint a place to accuser.
(2) to controversy focus the analysis of 2:
On one hand, hungry trade as the network whether does the person that is platform offerred exist when its provide a service fraudulent action? The network trades the person that platform is offerred, its use network means to trade both sides offers a network to run a place, trade match, information is released wait for a service, the amount that ought to be tasted to consumer provider or serves and quality, money paid for something purchased or received for something sold or the information such as charge, deadline for performance and means, safe note and risk caution, after service, civil liability, offerred information should be taken seriously solid, comprehensive, do not get the conduct propaganda of false fetching perhaps misunderstanding. Specific to this case, include what offer case experience order form according to the facts to accuser to deserve to send message, but the person deserve to send a service to offer that place of page of detailed information of case experience order shows is a businessman namely the 3rd person, do not accord with true condition.
On the other hand, hungry whether does fraudulent action exist when serving as the person that deserve to send a service to offer to provide a service in its? In this case, although hungry cannot make because its are denied,matching sent specific reason be offerred by its deserve to send a service and have no way is witting, but should manage mode to go up objectively existence matchs. Send a service fulfilling on the case that has uncertainty. To accuser week gentleman, the case that its order may be cancelled because of deserving to send a reason should belong to the main factor that affects its to decide to whether choose to purchase this service.
Accordingly, hungry should offer its deserve to send a service fulfilling on the uncertainty circumstance of existence tells prosecutor according to the facts, and hungry did not offer evidence to prove its already told relevant news prosecutor beforehand, should belong to the action that hides the important information that the influence trades intentionally.
On put together, the accused became hungry trade as the network existence of the person that platform is offerred provides the case with truthless information, as the person that deserve to send a service to offer existence conceals the behaviour that affects trading important information possibly, the court thinks the behavior of the accused is formed con, to accuser seek redress 500 yuan lawsuit requests to give support.
After first instance adjudicates, hungry whether can you appeal? On May 15, get together complain to hunger inquiry this matter. Up to before distributing news dispatches, did not win a response.
21CN gets together complain
