Strengthen the judicial protection of consumer rights and interests, and issue typical cases of consumer rights and interests protection by the supreme law
2022-03-16
March 15 is the international consumer rights and interests day. The Supreme People's Court issued 10 typical cases of consumer rights and interests protection to strengthen the judicial protection of consumer rights and interests. The cases released this time involve medical beauty consumption, college student loan signing photography contract, loss of wedding image data, refund of prepaid consumption, housing consumption, prompt description and explanation of online consumption format terms, consequences of online store customer service behavior, transfer of second-hand goods, operator commitment, consumer personal information protection and other issues, It aims to actively create a legal environment conducive to consumption upgrading, facilitate the people's consumption at ease, and effectively enhance the people's sense of security, gain and happiness. 19.9 yuan ancient costume photography was lured to do online loan In the case of Li and Jing v. a studio contract dispute, two college students saw an advertisement of a studio for 19.9 yuan to experience ancient costume photography, so they signed up to participate. However, after arriving at the store, the two college students couldn't stand the salesperson's promotion, upgraded the consumption of photos, photo albums, makeup, clothing and other items for many times, and successively signed five agreements with a studio, with a total amount of more than 26000 yuan. After Li and Jing paid part of the money by borrowing from relatives and friends and opening online loans, they proposed to the company to change the package content on the same day to reduce the contract amount, which was rejected. The latter two failed to lodge a complaint with the Consumer Protection Commission of a district, so they appealed to the court for the cancellation of five agreements and the return of more than 20000 yuan of the total amount paid, and the unpaid 5900 yuan will not be paid. The court held that a studio signed multiple contracts with Li and Jing according to their specific shooting, makeup, film selection, photo album selection and other requirements. The studio carried out corresponding work with its own equipment, technology and labor according to the instructions of Li and Jing, delivered the agreed work results, and Li and Jing paid the agreed remuneration to the studio. Therefore, both parties have a contractual relationship, and Li and Jing have the right to terminate at will as the hirer. However, there should be three restrictions on the exercise of the right of arbitrary termination: the termination should be effectively notified to the contractor; The notice of termination shall reach the Contractor before the contractor completes the contracted work; If the termination causes losses to the hiree, the hirer shall compensate for the losses. After the termination of the contract, if the ordering party pays the remuneration in advance according to the contract, the Contractor shall return the remaining price to the ordering party after deducting the remuneration of the completed part. Therefore, the court ruled that all the outstanding agreements in the five agreements were terminated, some of the agreements that were not fully performed were terminated, and the agreements that had been performed could not be terminated. The defendant returned 18600 yuan to the two plaintiffs. The typical significance of this case is to make a correct judgment on the termination of the disputed contract, maximize the legitimate rights and interests of consumers, give full play to the guidance, evaluation and education functions of the case, combine the judicial judgment with advocating the establishment of a correct concept of consumption and promoting the standardized operation of businesses through judicial suggestions, and guide the rational consumption of consumers, The majority of businesses operate in good faith. 6000 yuan will be compensated for the loss of wedding image data How can the wedding company compensate for losing the wedding video? In the case of contract dispute between Zhou and Xiao v. a wedding company, Zhou paid a deposit of 500 yuan to the company. After the wedding, Zhou and Xiao paid all the service fees. Later, the company lost the camera data of the wedding process and was unable to deliver the data to Zhou and Xiao. Zhou and Xiao then asked the court to return 5500 yuan of service fee and compensate 50000 yuan of spiritual solace. The court held that in this case, except that the photographic materials could not be delivered, the other services of the wedding company had been completed, and Zhou and Xiao did not raise an objection, so the service fee that the company should return should be 600 yuan for the photography part, not all the service fees. At the same time, the photographic materials in this case record the important moments in the lives of Zhou and Xiao, which has special commemorative significance. Because the wedding process can not be repeated and reproduced, the contents recorded in the photographic materials belong to specific commemorative items with personality symbolic significance for Zhou and Xiao, The company failed to deliver the camera materials to Zhou and Xiao as agreed by both parties, resulting in the permanent loss of the carrier recording their wedding scene. The company's breach of contract violated the ownership of the two newlyweds to their specific commemorative items with personality symbolic significance and caused mental damage to Zhou and Xiao. The people's court, in combination with the fault degree of the company, the economic ability to bear the responsibility and the local average living standard, decided that the spiritual damage pension was 6000 yuan. The handling of this case not only protects the legitimate rights and interests of consumers, but also urges operators to constantly standardize their business activities and jointly create a good, orderly and reliable business environment. At the same time, it also attaches importance to the construction of marriage and family culture, which is of great positive significance to carry forward the socialist core values of civilization, freedom, equality, honesty and friendliness. Unused amount of prepaid card shall be returned Prepaid card consumption is widely used in the service field, especially in education and training, beauty salon, car washing, laundry, fitness and other services. In the case of Zhang and others suing a sales company and Meng for a service contract dispute, from 2017 to 2019, Zhang and many other parents paid thousands to tens of thousands of yuan for their 1-3-year-old infants to the swimming pool operated by a sales company and signed an enrollment agreement, It is paid by WeChat transfer or Alipay transfer to the company's legal representative and sole shareholder, Meng Moumou. At the beginning of 2020, the infant swimming pool was closed. After that, the company's lease contract expired and terminated and no longer continued to operate. The company will not refund the unused fees of some parents. After Zhang and others failed to negotiate with Meng, the legal representative of the sales company, Zhang and others sued the court to request the sales company and Meng to refund the remaining service fees. The court held that the swimming pool operated by the sales company did not operate during the epidemic period, and did not continue to operate after the expiration of the leased site, and the sales company no longer has the conditions and ability to continue to perform, so the sales company should convert and refund the corresponding prepaid expenses according to the remaining times of each consumer. As the sole shareholder of the sales company, Meng received the advance payment from consumers in his personal account, forming a mixture of personal property and company property, the court ruled according to law that the sales company returned the remaining advance payment to Zhang and others, and Meng was jointly and severally liable for the return of the above advance payment. In this case, by finding out the performance of the contract between the consumer and the operator, when it is confirmed that the operator is unable to continue to provide the agreed services, it is clear that the operator is responsible for returning the part of the advance payment that has not been consumed, and in combination with the nature of the sales company as a one-man company and the receipt of advance payment by the shareholder, it is determined that the shareholder should be the subject of responsibility according to law, Bear joint and several liability for the debt of the sales company to return the remaining advance payment, and safeguard the legitimate rights and interests of consumers to the greatest extent. The Supreme People's court said that in the next step, the people's court will further play its judicial function and provide strong Judicial Services and guarantee for the overall situation of economic and social development. Beijing, March 15 (outlook new era)
Edit：Anny Responsible editor：cc
Source：legaldaily.com.cn
Special statement: if the pictures and texts reproduced or quoted on this site infringe your legitimate rights and interests, please contact this site, and this site will correct and delete them in time. For copyright issues and website cooperation, please contact through outlook new era email：lwxsd@liaowanghn.com
Recommended Reading Change it 
Home
