In recent years, as consumption the form innovates with each passing day, consumptive market appeared dispute of a few new-style consumption, the new-style dispute form such as dispute of consumption of network shopping dispute, food safety issue, travel issue, imprest type appears ceaselessly, and consumer dimension increases of authority consciousness gradually, dimension power initiative also is rising ceaselessly, more and more consumption dispute appeal to to the court.
The kind of consumptive dispute case that court of Zhejiang each district hears is diversiform, involve a lot of the domain with be closely bound up of consumer rights and interests. " legal daily " the typical case that the reporter consumes a domain through combing food, vehicle, imprest card, aim to help consumer establish science, rational consumption sense, raise consciousness of consumptive dimension authority, recognize consumes trap, wait for authority of legal weapon dimension through applying rights and interests of contract law, consumer to protect a law, defend good consumer rights and interests to protect " last defense line " , urge a company at the same time abide by the law, sincere letter is managed, safeguard consumer closes right increase, build the consumptive environment that safety is at ease jointly.
Swimming crab changes body river crab is returned return price difference 1005
Zhang Jianfang of reporter of daily of legal system of Wang Chun of reporter of daily of □ legal system
Prepare cheerfully for the daughter be engaged wedding breakfast, however because of hotel general swimming crab (swimming crab) went up river crab caused skinful energy of life. For this, fourth lady and some hotel hit lawsuit.
In June 2017, fourth lady is in lukewarm state city always some hotel booked fine county 12 desks feast is used at the daughter to be engaged banquet. Bilateral agreement: ? Pu is fond of?680 of the Song Dynasty yuan / desk, add up to dish to include dish to taste dry evaporate swimming crab two. Will be engaged on September 27 in banquet, this hotel did not offer dish to taste dry evaporate swimming crab by the agreement, went up however a river crab. After the banquet ends, the price combining course that the hotel still presses former preengage to decide 3680 yuan / desk collection food expenses. The staff member of the hotel ever apologized to fourth lady, but both sides did not reach unanimous opinion with respect to compensatory cost. Then, fourth lady tells some public house Yongjia court because of contract beak a contract.
Fourth lady says, good river crab value probably 30 multivariate a jin, and swimming crab should reach 130 yuan 120 yuan a jin, two swimming crab control one desk 1.3 jins probably, altogether decided 12 desks that day, reason the accused always fine county some hotel should pay banquet money price difference 2000 yuan to its. And the feast department that its book in the accused place is held for the daughter do be engaged banquet, the visitor that enters on invitation is numerous, show the accused do sth without authorization to change costly swimming crab the behaviour of the river crab of low, damaged her reputation badly not only, still caused the psychological scar that cannot make up for to its family. Besides compensating for price difference, fourth lady still asks the accused compensates for mental loss to expend 10 thousand yuan, go up in the press of city of level of lukewarm city land at the same time successive in the newspaper 10 days apologize to its.
Classics cognizance, yong Jiafa courtyard thinks, the meal service contract between former, the accused holds water lawfully effective, both sides all should fulfil obligation by the contract. The accused was not pressed offer dish to taste about, swimming crab of will dry evaporate changes river crab, reason agree is carried return the responsibility of breach of contract that returns price difference. Of the swimming crab that this courtyard considers former, the accused integratedly to advocate and river crab buy the price and dish to taste price difference, adjudicative the accused always some hotel limited company returns fine county money of price difference of the reductive lady that tell man 1500 yuan, rejected other suit request. In the meantime, agency judge says, make an apology, compensatory spirit loss expends those who be not responsibility of breach of contract to shoulder way, this appeal lacks on purpose legal basis, do not grant to support lawfully.
The net buys batteries dash forward spontaneous combustion consumes 3 times compensate false
Chen Chengyi of reporter of daily of legal system of Wang Chun of reporter of daily of □ legal system
Zhang Mou is luck of lukewarm state city installs a county the clerk of some company, offer a broadband for the user installation, safeguard come to serve. From 2016 second half of the year begins, zhang Mou early or late 3 from the net that clean out treasure the name is " green the sources of energy " the businessman bought battery of 3 groups of lithium and charger. Late on Feburary 2, 2018, after Zhang Mou comes off work, charge to electric car as usual, unexpectedly lithium battery produces spontaneous combustion phenomenon however, cause the article inside electric car and car by on the spot burn down. After fire happening, zhang Mou immediately asks to undertake compensatory to businessman and feedback of the customer service that clean out treasure, but as a result of the businessman firm the product that weighs oneself does not have a problem, cause a thing to be able to not arrive to be solved effectively all the time. For this, zhang Mou brings forensic to lodge a complaint to luck.
In front courtyard careful, the controversy focus of this case both sides is fire place of lithium battery spontaneous combustion causes. On one hand, according to the allegation of accuser Zhang Mou, acerbity cell of another group of lead still was used really while its charge to electric tricycle in battery of lithium of use experience case. Already destroyed in view of fire spot break, do not have really reach effective conclusion, conclude namely blemish of existence of the batteries that fasten lithium brings about fire accident to happen. And on the other hand, undertake detecting through the charger that remains to fire spot, the voltage that discovers charger is not stable, and output voltage wants battery of prep above lithium to be full of voltage ratedly. Accordingly, also do not eliminate charger voltage exorbitant cause lithium battery spontaneous combustion.
To find out a fact, undertake the judge is to the accused inside inn of the net that clean out treasure relevant product undertakes consulting in detail, discover its to be stated to the product introduction of battery of experience case lithium for " Zi Bo Mou is versed in trade company place is produced, core of report of lithium of iron of mild package phosphoric acid, guarantee period 3 years, inside 1 year maintain freely " , will look from the cognitive level that publicizes effect of diction, whole matching a plan and average consumer, make average consumer thinks battery of experience case lithium is Zi Bo Mou to be versed in trade company place is produced by accident very easily, and quality assures. To this, the allegation of the accused is battery of experience case lithium be assembled by oneself for its and become, among them charger and core of report of lithium of phosphoric acid iron all fasten his to be purchased separately from the net, but all respective product qualification proves, do not have corresponding eligible proof truly as to the finished product after assembling. This shows, the accused is when sale product, fail battery of true, full-scale lithium of introductory experience case is basic circumstance, and the finished product after assembling proves without corresponding product qualification, thereby misdirect accuser undertakes buying, already made con conduct.
Accordingly, the accused of courtyard court decision pays Ruianfa plaintiff shopping money reachs 3 times compensation 9290 yuan 27870 yuan, aggregate 37160 yuan.
Gymnastical house removes new site advances money should be returned
Reporter of daily of legal system of Wang Chun of reporter of daily of □ legal system king
By January 2018, limited company of some fitness service signs Hangzhou citizen Guo Mou and Hangzhou " initiate agreement " , agree Guo Mou is prepay member, prepay charge 5000 yuan, deadline is 48 months. Guo Mou pays charge 5000 yuan that day.
At the beginning of Feburary 2018, guo Mou gets the short message that gymnastical company sends, because place lease expires,express, will migratory new site, the member that undertake meeting since this day changes the job, new guild hall will at the practice end May. Guo Mou contacts this company instantly, think its did not inform change location beforehand, attribute fraudulent action. Hind gymnastical company new house in November 2018 practice. Because both sides talks things over,do not have if really, guo Mou tells this company then to the court, the requirement removes " initiate agreement " , ask the accused returns charge 5000 yuan.
Court of people of the city zone on Hangzhou city thinks after classics cognizance, 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. In this case, the accused collection accuser membership fee, did not inform when handling card however will migratory new site, and preparative time is decorated to be as long as before new site practice above of half an year, and accuser is in witting remove refund talks things over with the accused instantly after matters concerned, yi Wei is consumed actually, reason accuser has power position to remove " initiate agreement " , ask to return a service to expend 5000 yuan. The court gives lawfully to the corresponding appeal of accuser support.
The judge reminds say, nowadays, beautify hair in hairdressing, service of interpose of recreational fitness, marriage, education grooms wait for a domain, imprest type consumption has become familiar consumptive pattern. The consumptive crowd that decides dimensions for long-term lock, call in as soon as possible early days is devoted, a lot of businessmen popularize imprest type to consume to the utmost, attract customer with inferior discount or integral privilege. This kind of surface double winning situation backside conceals huge risk, and this kind of risk basically is in consumer one party. Customer is potential not only loss imprest accrual, limitted free option, and the trap that is immersed in imparity format clause easily still. " Zhejiang province is carried out < rights and interests of consumer of People's Republic of China protects a law > method " in to imprest proof extend content of limitation of main body, amount, contract all made detailed provision. Consumer should notice to discriminate and be examined when signing imprest type to consume a contract. Because advance type consumes a contract to belong to contract of long-term spending credence substantially, if appear,operator was not pressed fulfil a contract about, cause the condition that contract purpose cannot realize, consumer but lawfully exercise is legal remove authority, ask imprest of operator go back, bear the reasonable fee that the accrual of imprest and customer must pay.
Code market
Set related contract law
Obligation of contract of nonperformance of one party of the 107th party perhaps fulfills contract obligation not to accord with an agreement, ought to assume continue to fulfill, take remedial action perhaps compensates for the responsibility of breach of contract such as the loss.
The 111st quality does not accord with an agreement, ought to undertake responsibility of breach of contract according to the agreement of party. Ambiguous to responsibility of breach of contract did not agree or agreeing, according to 61 regulation still cannot decide Benfadi, get damages what root occupies mark property and losing bulk, the other side of demand of OK and logical choice is assumed repair, change, re-act, return money, reduce cost or the responsibility of breach of contract such as pay.
Consumer rights and interests sets related protective law
Fiftieth 2 operator provider is tasted or serve, cause consumer belongings to damage, ought to according to law sets or party agreement is assumed repair, re-act, change, withdraw measure of goods, complemental merchandise, return charge of Wu of kimono of payment for goods to perhaps compensate for the civil liability such as the loss.
Fiftieth 3 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.
Fiftieth 5 operator provider is tasted or the service has 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. Law has a regulation additionally, its set according to.
Laohu is commented on
Fake, hole is unconscious ban more than, impossible to defend effectively repeatedly false, endanger security of consumer person belongings badly, damage consumer to close right increase, and blow is fake behavior, safeguard consumer to close right increase not only the main responsibility that is various government, also be people court administration of justice is civilian important reflect. Governmental concerned department and judiciary ought to firm establish the concept that is a center with people, safeguard consumer to add up to right beneficial to be put in more significant position, the reasonable care that responds to people actively and appeal to beg, fall protective consumer rights and interests to real point, enhance consumer security feeling, acquire feeling and happy move.
As the development of Internet, with pretend to be the fraudulent action such as true, shoddy, perpetrate a fraud, exaggerated conduct propaganda also is renovated in ceaseless pattern, have some of illegal element rack one's brains, cudgel one's brains for, sell in order to manage electronic business affairs for the name fake product, make person true and false difficult differentiate. Accordingly, consumer is while those who enjoy new consumptive way to be brought to people is convenient, also ought to renew knowledge and idea ceaselessly, enhance the ability that identifies the fake, legitimate rights and interests that safeguards oneself, do not give con person with an opportunity given by.
It is every day " 3 · 15 " , everybody is consumer. Safe, be at ease consumption is important matter of the people's livelihood, any moment are not due a bit negligence. Let us carry a hand to come, create a transparent justice, sincere letter not to have the consumptive environment of bully jointly. Hu Yong
