Encounter a businessman to close down when consumer run when the road, in pragmatic thinking authority often " for a chicken, take a cattle " --
How to defeat solution to advance calorie of old issue
Have go notting have time. Zhu Huiqing is made (Xinhua News Agency is sent)
In recent years, imprest card dispute is the heat that the masses complains all the time, all sorts of right closing down, run the road is complained ceaseless, consumer often avowed and can hapless. Nevertheless, jiangxi province disappear is protected recently appoint supportive consumer hit a lawsuit for 493 yuan, wanted to answer more than. Someone says, this is " for a chicken, take a cattle " , if it is so? The matter still must speak of from 2017.
The businessman closes down run road, not refund
On November 18, 2017, those who live in new developed area of beach of Nanchang city red cereal moxa the gentleman is in " the flavour seafood city of Nanchang sea " when consumption, a piece of imprest card was handled in activity of businessman sales promotion (number is 00481) , attended to charge the favourable activity that the value gives 500 yuan 3000 yuan. After this, moxa the gentleman is consumed in seafood city all the time.
This year the beginning of the year, when moxa when the gentleman is consumed again, discover its however already close a business. Because the remaining sum inside card still has 493 yuan, moxa the operator phone that before the gentleman is found out, saves, call for many times refund of demand of connection seafood city, refuse however. But under, moxa the gentleman is complained to committee of protection of rights and interests of Jiangxi province consumer.
"We pass the information of industrial and commercial registration book of operator, find chief, found the telephone call of real operator through chief again. " according to Jiangxi province disappear is protected appoint complain ministry minister introductions of 10 thousand another name for Taishan Mountain, province disappear is protected appoint connect seafood city for many times, try to settle this one dispute through coordinating, but seafood city speaks plausibly and at length: "Amount is given not to grant to return inside card, this is guild regulations, the practice that industry passes through generally! The practice that industry passes through generally!!
Meanwhile, province disappear is protected appoint the association of consumer of new developed area of red cereal beach that still finds seafood city place, understanding is complained to another -- consumer Mr Zhang because seafood city sales promotion, purchased card number to be the imprest card of 00393, up to still superabundant on March 15, 2018 forehead 266 yuan. After seafood town stop business, refund of Mr Zhang requirement not if really, also to local disappear assist the organization is complained.
10 thousand another name for Taishan Mountain express, disappear is protected appoint think, the consumption that concludes between consumer and operator serves a contract to fasten the expression of bilateral and true meaning, not lawbreaking, administrative regulations mandatory regulation, ought to have sanction to operator, but operator did not fulfil obligation by the agreement, make break a promise. Basis " rights and interests of consumer of People's Republic of China protects a law " the 53rd regulation: "Operator with what gathering means provider is tasted or serve beforehand, ought to offer according to the agreement. Did not offer according to the agreement, ought to fulfill according to the requirement of consumer agree or go back imprest; Ought to bear the reasonable fee that the accrual of imprest, customer must pay. " the guild regulations that gives remaining sum to be not retreated does not have any legal basises.
Face exchange solves all up, jiangxi province disappear is protected appoint appeal law. " consumer rights and interests protects a law " regulation: Damage consumer to join the action of right beneficial, consumer society can fulfil commonweal sex obligation, support gets damaged consumer to lodge a complaint. In the province disappear is protected appoint communicate below, entrust via two afore-mentioned consumer, province disappear is protected appoint Wang Qing of solicitor of office of Hua Banglv division decides colonel of commonweal law division, Jiangxi to act as agent freely two afore-mentioned cases.
Not long ago, nanchang city east court of lake division people accepted two afore-mentioned meal to serve contract case. Because of case mark lesser, after asking for accuser to agree, front courtyard of put on record turns the case into intercessory room directly, begin the mediation before appealing to.
In mediation, respect of city of the accused seafood thinks, at the outset, moxa the gentleman attended to charge the favourable activity that the value gives 500 yuan 3000 yuan. Current, moxa the gentleman has consumed 3000 yuan of cash reserve in a bank that charge a cost, 493 yuan when give inside odd card do not grant to return according to convention, guild regulations.
Plaintiff attorney Wang Qing says, " contract law " regulation: Party concludes contract, have written form, oral form and other form. The contract that establishs lawfully, from the become effective when holding water. In this case, accuser moxa gentleman paid 3000 yuan to handle imprest card beforehand to the accused through brushing the form of calorie of consumption, although both sides did not sign formal treaty wording, but between former defendant already the contract on fact of form accomplish sth concerns, and prosecutor fulfilled the obligation that pays a service fee already actually, the consumption between both sides serves a contract to hold water and become effective, the accused ought to provide consumptive service according to the agreement.
Further analysis weighs Wang Qing, the accused offers imprest card to consumer for sales promotion purpose, accuser was in the accused place to buy imprest check to pay convenient end, but in performing a procedure, the accused did not provide a service according to the agreement and still be in close down condition now, the consumptive goal of accuser cannot be achieved, the accused behoove decides Xiang Yuan to ask for leave from a meeting answers imprest and undertake penalty due to breach of contract according to legal plan.
The place on put together is narrated, the contract between former defendant both sides has held water and become effective, the accused did not fulfil obligation by the agreement, ought to return imprest money to original ask for leave from a meeting lawfully and undertake penalty due to breach of contract.
Final, next both sides are chaired to reach unanimous opinion in the judge, the accused just was returned on the spot moxa amount of the rest inside gentleman card reachs penalty due to breach of contract 493 yuan 16 yuan, returned Mr Zhang imprest 266 yuan reach penalty due to breach of contract 8.68 yuan.
Should say this moxa the gentleman still calculates lucky, although the businessman closed down, still always can contact, although refund is rough, still always wanted to come back. But, more consumer are run in the businessman discovery of the ability after the road, do not contact at all on businessman. 10 thousand another name for Taishan Mountain also express, if close down,the businessman's phone stops machine, perhaps do not contact at all on operator, sue to the court also should pass complex fair show service program, without refuse to come down of time of half an year. Consumer thought fors the time being in those days, it is really " for a chicken, take a cattle " .
"Every time does a member to get stuck kink pole, do not do, odd second consumption price is particularly expensive, think the province chooses fund; Do, businessman of for fear that runs road, be nervous. " Ms. Chen encountered Beijing consumer this kind of circumstance, she is in at the beginning of this year card skates for what the child does near oneself, just used, the businessman ran, connect a phone to did not stay, ms. Chen is forced to comfort oneself: "I do card to look for the sort of chain store as far as possible, one closed down, additionally a few still can be used. Additionally a few still can be used..
Expire invalidation, do not activation cannot use
Advance khaki fact cent is planted, one kind is the member card that the businessman handles oneself, can be in only oneself the brand is used, for example of sweet village of flavour much beauty, paddy store the value gets stuck; Another kind is general-purpose imprest card, the bank of similar norm gets stuck, all sorts of joining in that the businessman is used can wait in supermarket, cinema, restaurant, bazaar, typical delegate is endowment open check with the business of the letter.
General-purpose to this kind imprest card, our country has relatively rigorous management to set. Want to issue multipurpose imprest card, the blame finance that must people bank is issued pays an orgnaization " pay business licence " . The threshold that takes this testimony is extremely high. For instance, the applicant plans to be engaged in paying professional work inside countrywide limits, its register capital minimum limitation to be 100 million yuan of RMBs; Plan to be being saved (municipality, municipality directly under the Central Government) be engaged in paying professional work inside limits, its register capital minimum limitation to be 30 million yuan of RMBs. When application, the data that should submit includes company business charter (carbon) the financial accounting report of audit of office of accountant of Xerox, classics, pay business feasibility research report, wash money measure to check and accept material to wait instead.
Satisfy the industry of afore-mentioned requirements, it is the big company with rich actual strength certainly, and managed proper standard? Blame also. The fact proves, big company can bilk Zhang likewise. Mr Su encountered Beijing consumer such thing.
In June 2018 portion, consumer Mr Su is complained to Chinese consumer society. At the beginning of 2013, relevant section award sends Mr Su a piece " business affairs of Beijing An Jufu company serves limited company " shopping card, amount is 5000 yuan of RMBs. Because of Mr Su living position relatively slant, circumjacent commerce form a complete set not all ready, shopping inconvenience, so all the time have not uses this to shop card. 2018, when Mr Su first time uses An Jufu to get stuck, however by hairpin square in order to expire refuse payment. In the meantime, hairpin also just is not accepted activation again or inquire remaining sum to wait appeal to beg.
"I contact hairpin for many times square, the other side all did not adopt materiality to answer measure, receive the telephone call that hears me no longer even. " Mr Su says, "The remaining sum inside my card is due 5000 yuan. Hairpin just asks I must provide information of the person that buy check, for instance number of agency person full name, Id, this is unjustifiable requirement, concerned data just should be in in hairpin " .
2011, the country does the branch such as transmit Central Bank to come on stage jointly " the opinion that advances about normative commerce card manages " , make clear a regulation among them, still have capital remaining sum to exceeding period of efficacy, hairpin person should offer activation, change the form a complete set such as card to serve. Department of Commerce makes 2012 the 9th " only utility business advances card runs way (try out) " the 19th further regulation, nominative card must not establish period of efficacy; Period of efficacy of not nominative card is not gotten little at 3 years. Hairpin enterprise or the not nominative card that carry out blocks an enterprise to still have capital remaining sum to exceeding period of efficacy should offer activation, change the form a complete set such as card to serve.
However, have shopping card only like this kind of consumer, both neither buys a person clearly, ambiguous also shopping card is initiative the forehead is spent or the circumstance of remaining sum, in actual life is very universal.
"Operator because of this repudiate is compulsory, consumer because quote is difficult, legitimate rights and interests often cannot get protective. " be aimed at this kind of circumstance, chinese consumer society complains department head Zhang Dezhi to think, consumer has right view, operator is accountability provide corresponding evidence. If operator cooperates consumer not actively to solve a problem, setting obstacle, shuffle refuses, in disappear assist will adopt talk about shopping card hairpin about the step such as to lodge a complaint of consumer of square, support will help consumer dimension power. According to " top people court about civil suit evidence the regulation of a certain number of problems " the 75th regulation: "Evidence proves evidence of hold of one party party does not have warrant refus to be not offerred, if the the opposing party advocates the content of this evidence goes against evidential holder, OK and illative this view holds water. OK and illative this view holds water..
This year on August 8, in disappear assist make known one's position, support consumer blocks to lodge a complaint to An Jufu, appoint this matter of agency of member of division of law of Chinese consumer society.
In addition, the case that returns some consumer to encounter is more special -- the remaining sum inside card still is in, also did not expire, but just manage a problem because of hairpin, cannot use normally, can hit only fold sell the cattle that accepts card. An ox that accepts card for a long time in building of Beijing general merchandise tells a reporter, kind of business × is connected card cannot be used normally all the time in this year, "Have only commonly everyday pen of just a little trades can succeed " . They are 5 retrace close, went at 9 o'clock in the morning next bazaar brushs card, but average consumer can accept a loss only.
The contract wants a standard, aptitude has a doorsill
Current, imprest card has become a businessman a magic weapon of capital of fast steam again. The reporter investigates discovery, no matter be meal, hairdressing, health or car conserve, also no matter be " fly small shop " still interlink large store, do a member to get stuck to had made a rule. In Beijing famous beautify hair orgnaization, barber tells a reporter, member card charges a cost 1000 yuan of consumption can be hit 8 fold, charge a cost more discount is bigger, 10000 yuan can be enjoyed 3.8 fold. The snack bar of reporter door mouth also has the member that charges 500 yuan to send 50 yuan to get stuck.
The reporter handles card in these two when, downstage staff member has verbal commitment only, do not have written agreement, be equivalent to consumer taking in one's hand the card that in is one Zhang Youjin forehead, and once member card sells, do not retreat do not change.
So, what kind of businessman can just handle card? Does the businessman want to do card to you can handle card?
" only utility business advances card runs way (try out) " in regulation, group hairpin enterprise, brand hairpin enterprise and dimensions hairpin enterprise can be hairpin enterprise. Hairpin enterprise should be in since the day that begins only use to block business inside 30 days refer material to be dealt with to concerned branch put on record.
Group hairpin enterprise is to point to the group parent company that issues the only use card that uses inside this group. The group is to point to accuse absolutely by same legal entity legal entity combine.
Brand hairpin enterprise is to point to issue in same brand the odd utility that uses inside concessionary management system gets stuck, and the company symbol that owns this brand or registered trade mark, the legal person company that perhaps has this company symbol or registered trade mark to discharge his access via accredit. Same brand is concessionary management system is to incite the legal entity combine that uses same company symbol or registered trade mark.
Dimensions hairpin enterprise is to point to the accords with one of following conditions enterprise except group hairpin enterprise, brand hairpin enterprise, it is on one financial year year business income 5 million yuan of above; 2 it is industrial and commercial register the inadequacy that register one year, register capital to be in 1 million yuan of above.
In the meantime, contract handling card should have national level pattern. Basis " only utility business advances card runs way (try out) " the 14th regulation, hairpin enterprise or carry out block an enterprise to answer fair show or offer only use to block way to the person that buy check, should buy calorie of person to ask the autograph orders calorie of agreement. Hairpin enterprise or business of carry out card should fulfill clew to tell obligation, ensure the person that buy check is witting approbate only use to block constitution or consultative content. Constitution of only use card should include the following content with the agreement that buy check: One, the name that only use blocks, sort and function; 2, only use card is bought, charge a cost, use, the means that return check, nominative card still should include report the loss of sth, transfer pattern; 3, collect fees project and standard; 4, the right of party, compulsory; 5, dispute processing principle and responsibility of breach of contract; 6, rules of plan of relevant law law and the any other business that normative sex file sets.
According to this " run way " , those small shop basically did not do calorie of qualification. But business affairs branch makes way of this try out, stipulate without law these small-sized and individual businesses have unqualified deal with, existence law is blank. In be superintended daily, the market cannot superintend a branch according to opinion of door of Department of Commerce, but door of Department of Commerce cannot be superintended to a gleam of again, cause these small shop handling card actually, and did not sign an agreement. Accordingly, still need to make stricter imprest formula consume card government regulation about service, execute according to the regulation superintend. (reporter She Ying)
