On March 14, our city held a special press conference on the protection of consumer rights and interests in 2023 and announced a number of typical cases of consumer complaints in 2022 in Xiangyang City.
These businesses were exposed in real names.
One case was a group complaint case of disputes over the prepayment of yoga parlors.
On July 14, 2022, the Xiangzhou District Consumer Protection Committee received group complaints from more than 70 consumers, saying that Xiangyang Yueji Yoga Co., Ltd.
suddenly informed members that it would close down due to the decoration of the place in June, The membership card will be refunded, but the membership card fee has not been refunded until July, and the yoga studio has been transferred to a third party.
Processing results: After receiving the lawsuit, the Xiangzhou District Consumer Protection Committee interviewed the person in charge of the yoga studio for many times, and repeatedly communicated with the operator who took over the transfer, and finally reached a solution: the transferee operator will accept the members and replace the new service contract with the members.
Case 2: The quality of ceramic tile wall pasting and gluing products Case 2: On June 4, 2022, Mr.
Chen bought a bucket of “wall glue” and a bucket of “super strong back glue” at the Super Strong Glue Business Department of the Guangcai Market in Central China, Xiangzhou District, for the construction of ceramic tile pasting in the bathroom and kitchen walls of the new house.
On July 3, Mr.
Chen found that a large number of tiles on the wall began to loosen, and many tiles fell naturally.
He believed that there was a problem with the quality of the adhesive coating on the back of the tiles.
Mr.
Chen found the dealer Mr.
Liu twice to report that the two parties could not reach an agreement, so he called 12315 to complain.
Processing results: After receiving the lawsuit, the staff of the Zhangwan Market Supervision Office contacted the market dealer to check the product inspection report of “adhesive coating on the back of ceramic tiles”, the manufacturer’s purchase claim and other evidence, and organized the parties to mediate for many times.
On July 11, 2022, the two parties reached an agreement that the manufacturer and dealer would refund and compensate Mr.
Chen for the loss of glue purchase and the demolition, rework, reconstruction, waterproof materials, ceramic tile damage and other losses of the bathroom and kitchen wall tiles in the new house, totaling more than 7000 yuan.
Case 3 Personal Injury Compensation Case for Children’s Amusement Park On September 6, 2022, Mr.
Tang complained that his daughter fell off the slide and was injured when playing in the amusement park of Xinhua Garden in Zaoyang City.
The head of the amusement park only agreed to pay the medical expenses, and the consumer turned to the Zaoyang Municipal Committee for help.
Treatment results: After investigating the scene of the accident on the spot and understanding the course of the incident, the staff of the Consumer Protection Committee communicated with the merchants many times to explain the relevant contents of the responsibilities and obligations of the operators in the Law on the Protection of the Rights and Interests of Consumers.
The merchants finally agreed to pay the medical fees, nursing fees, transportation fees, nutrition fees, etc.
of the consumers, totaling 6000 yuan.
Case 4: The quality of agricultural machinery products was “upside down”.
Huang Mou, a villager of Dengji, Jiuji Town, Nanzhang County, complained that in April 2022, Zheng Dangbing’s agricultural machinery sales department in Jiuji Town purchased a 15-horsepower agricultural tractor at a price of 6100 yuan.
After 5 months of purchase, the rear axle of the tractor broke during use.
Due to the failure of many negotiations, Mr.
Huang complained to the Jiuji Market Supervision Office of Nanzhang County Market Supervision Bureau.
Result: According to Article 62 of the Law of the People’s Republic of China on the Protection of Consumer Rights and Interests, the purchase and use of means of production directly used for agricultural production by farmers shall be implemented with reference to this Law.
Article 23 stipulates that the operator shall bear the burden of proof in case of any dispute over the defects of durable goods such as motor vehicles, computers, televisions, refrigerators, air conditioners and washing machines provided by the operator within six months.
The operator cannot prove that the damage is caused by the improper use of the consumer, and shall perform the obligations of replacement and repair.
After mediation by the market supervision institute, the two parties reached a mediation agreement: the dealer replaced the new bridge for Huang, and Huang compensated Zheng for the tractor trailer fee and maintenance fee of 200 yuan.
Case 5: The installation of central air conditioner failed to fulfill the agreed commitment.
Mr.
Luo, a consumer in Chengguan Town, Baokang County, complained that in April 2021, he spent 60000 yuan to buy a central air conditioner at the Hitachi variable frequency central air conditioner store in Chengguan Town.
It was agreed to pay 50000 yuan first, and the remaining 10000 yuan was paid by the merchant after installation.
However, until May 2022, the external unit of the air conditioner had not been installed, and the merchant said that it had to pay 18000 yuan to agree to install it.
Mr.
Luo believed that the merchants failed to fulfill their commitments and complained to the Chengguan Branch of Baokang County Consumer Protection Committee.
Treatment result: According to the investigation, the air conditioning store was originally operated by two people in partnership.
During this period, the two people had business differences and terminated the partnership.
The former person in charge reached an oral agreement on the total price of 60000 yuan when Mr.
Luo bought the goods.
The current person in charge refused to perform the agreement on the ground that he did not commit himself.
After many times of mediation, the three parties finally reached an agreement: Mr.
Luo paid the agreed balance of 10000 yuan, and the former person in charge who withdrew from the operation paid an additional 2000 yuan.
The store completed the installation of the central air-conditioning external unit for Mr.
Luo.
Case 6 furniture “pungent” return case In late August 2022, Ms.
Wang, the consumer, bought two beds and two sets of sofas at Lin’s Wood Industry opposite the Hanjiang Commercial Plaza in Laohekou, and paid 17000 yuan for the goods.
After receiving two beds and a set of sofas, Ms.
Wang found that the furniture was not consistent with the merchant’s instructions and had a pungent smell.
The following set of sofa, Ms.
Wang, refused to accept the goods.
The merchant still insisted on delivering the goods and did not admit that the goods had quality problems, claiming that 30% of the price would be borne for the return of goods.
Ms.
Wang complained to the Laohekou Consumer Committee and asked for return and full refund.
Treatment results: After on-site investigation and verification, the furniture really has a pungent smell, which affects the normal use and is an obvious quality problem.
According to Article 24 of the Law on the Protection of the Rights and Interests of Consumers, if the goods provided by the operator do not meet the quality requirements, the consumer may request the return of the goods, and the operator shall bear the necessary costs such as transportation.
After mediation, the merchant agreed to refund 17000 yuan in full.
Case 7: The case of wooden door damage in logistics transportation, the High-tech Zone 12315 received a complaint from consumer Hou Moumou that the wooden door bought on Taobao in August 2022 was found to be worn and dented after receiving the goods, and requested the merchant Xiangyang Xiangju Tongchuang Door Sales Co., Ltd.
to return the goods for refund.
.