Manas County Procuratorate organized a public hearing on the refund of fitness card. Before the Spring Festival this year, Mr. Li, who lives in Manas County, Xinjiang Uygur Autonomous Region, received a "gift" from the procuratorial organ. The balance of his pre-paid fitness card at a fitness center in Manas County was finally retrieved with the help of the procuratorate. So far, more than 130 consumers, who had the same experience with Li, have reached a successful end in their three-year road of safeguarding their rights. The fitness center was closed, and the cardholder filed a complaint. In September 2019, a fitness center in Manas County launched a "challenge card" fitness program to open up the fitness market for the middle-aged and elderly. That is, after applying for the annual fitness card at 699 yuan, the cardholder can return the card fee in full after a certain number of times of continuous clocking. The project immediately attracted a large number of middle-aged and elderly people with sufficient time and health needs, including Mr. Li. After the initial pleasant experience, Li and others soon met with troubles. In January 2020, the fitness center was sued for mismanagement and delayed payment of property, heating and other expenses, and the venue and fitness equipment were preserved and sealed up. "It took only four months for the card to be used this year, and the fitness center was closed. Can I get back the prepaid expenses?" Li and other cardholders asked for a refund of the fitness card fee and the deposit in the locker because they could not continue to enjoy the fitness service in the fitness center. But the person in charge of the fitness center evaded. They complained to the market supervision department and the problem was not solved. The number of people who apply for fitness cards is quite large, the age is generally older, the litigation ability is weak, the litigation period to the court is longer, and the litigation cost is higher compared with the subject matter of the refund, so they have not filed a lawsuit. However, Li and others were not willing to lose hundreds of yuan. They formed a WeChat group, often organized consumers who suffered losses to report the situation to the relevant departments, and released relevant short videos on the network platform, hoping to attract the attention of all sectors of society. The procuratorate supported the prosecution and helped the cardholder to protect their rights. In April 2021, the Manas County procuratorate and the market supervision department learned the clue when they jointly carried out the special action of consumer protection. The court attached great importance to it, and the procurator who handled the case took the initiative to join the consumer rights protection WeChat group to guide people to protect their rights according to law. On the premise of respecting the wishes of consumers who apply for fitness cards, the Manas County Procuratorate decided to support more than 130 consumers such as Li to sue for rights protection after research. Through online communication, the case-handling prosecutor helps everyone clarify the litigation procedure, lists the evidence to be prepared, and actively provides electronic document templates such as supporting the prosecution application and the indictment, and carefully prepares for supporting the prosecution. In order to realize "the case is settled and the people are reconciled", Li Chengzhong, secretary of the party group and deputy chief procurator of Manas County Procuratorate, put forward a request: "Our procuratorial organ should support the prosecution, not only support the vulnerable people to safeguard their legitimate rights and interests, but also uphold an objective and neutral position, fully listen to the opinions of the fitness center, and effectively resolve conflicts and disputes." The case-handling prosecutor took the initiative to visit the fitness center to understand the difficulties in its operation, And help them sort out their claims and debts, and guide them to actively respond to consumer rights litigation. After many times of interpretation, reasoning and communication, the head of the fitness center expressed willingness to actively cooperate
Edit：Ying Ying Responsible editor：Shen Chen
Source：jcrb.com
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