I believe everyone has had the experience of applying for a card and paying for the membership fee, but unexpectedly, the merchant who paid for the card ran away…
Recently, the Zhaoping Court heard a case where “the yoga studio stopped operating before taking a few classes after applying for the card.
Fortunately, the Zhaoping County Court helped us consumers recover the losses, After receiving the refunded membership fee, the applicant He and 17 others expressed their gratitude to the enforcement judge for the applicant’s recovery of the case amount.
This is a refund dispute caused by the cessation of operation of the yoga studio.
Since 2021, He and 17 others have successively applied for membership cards at a yoga studio in Zhaoping and paid corresponding service fees.
Later, the yoga studio closed its premises due to poor management.
Its operator, Xie, repeatedly refused consumers to come to classes on the grounds of “expired venue contract and undecorated venue”, delaying time for himself to “run away” with money.
He and 17 others were unable to continue enjoying fitness services and filed a lawsuit in court, demanding the termination of the service contract and a refund of the remaining fees.
After a trial by the Zhaoping County Court, it was found that a yoga studio had caused consumers to be unable to attend classes due to its own reasons, which constituted a breach of contract.
Therefore, it supported the plaintiff He and 17 others in their lawsuit to terminate the contract.
According to the law, a yoga studio was ordered to refund the remaining membership fee of 21128.79 yuan to its members.
After the judgment came into effect, a certain yoga studio failed to fulfill its obligations under the judgment.
The plaintiff applied to the court for enforcement.
Although the subject matter of the case was not large, the presiding judge attached great importance to the batch of cases.
After receiving the case, he immediately searched for clues to the property of the person being executed, but found that Xie had intentionally evaded execution, was missing, and had no property available for execution under his name.
He called him multiple times and had always kept his phone closed.
In order to effectively protect the rights and interests of 17 consumers, the enforcement police decided to conduct an offline investigation at Xie’s home.
After seeing Xie’s father, the enforcement police explained the law to him and asked him to inform him of the legal consequences that Xie would bear if he refused to fulfill his judgment obligations.
After understanding all the situation, Father Xie expressed his willingness to fulfill his daughter’s compensation obligation, but currently he does not have enough cash and needs to repay in installments.
Xie Fu and He and others reached an execution settlement agreement under the supervision of the executing judge.
Recently, Father Xie paid the final execution payment in advance before the agreed deadline, and the case was able to be concluded.
I would like to remind everyone to be rational in their consumption and vigilant against pre-sale cards and low-priced cards.
The recharge amount should not be too large and should not be taken lightly by verbal promises; Pay attention to the details of the contract text and properly preserve the agreements, bills, and other materials related to the transaction.
In case of disputes, protect rights through legal means.
Source: Zhaoping County People’s Court
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