3.15 teach you how to deal with businesses to protect their rights

　The car has a peculiar smell, it is difficult to identify.

The report of the Municipal Consumer Council shows that "electric quotient", "net swims" and "automobile" are the key points of complaint.

Smart 3 15

Since last year, "Electricity quotient", "net swims", "the Automobile" and so on consumer's rapid growth area becomes the consumer complains the key point. 3 15 Consumer Rights Day Eve, the city consumer Council released a number of cases of typical consumer rights, and by professional lawyers comment on the ideas, so that there are similar to the consumers can learn from it, take effective way to safeguard their rights and interests.

Our News (reporter Pan) recently released the "2013 Shenzhen Consumer Complaints Report", yesterday Shenzhen Consumer Council released a number of cases in the last year, the typical consumer rights, and by professional lawyers to comment on the ideas. The case covers several key complaints areas, such as "Electric Quotient", "Online games" and "Automobile", which are shown in the report.

According to the Consumer Council, in this year's 3 15 before the release of the case on the one hand to protect consumer rights and interests of the relevant regulations, on the other hand, through the relevant lawyers comments, to help customers encounter similar complaints with their own reality, to take a more effective way to safeguard their own rights and interests.

Case one:

Online purchase complaint

Half of the regular electrical business

Miss Chen last December 24 through Taobao bought a white apple (530.92, 0.48, 0.09%) 5S mobile phone, the price of 1400 yuan, and then received a fake mobile phone. Consumers and sellers negotiated no fruit, the complaint request to return machine. Mr. Fu last November 11 in Taobao to buy an apple mobile phone, the price of 1280 yuan, after the purchase found that the phone is not the plate, request replacement, the operator shutdown has been no contact, consumers can only complain.

The City Consumer Council many times to call these businesses, some businessmen just began to listen to the telephone of the municipal Consumer Council, later connected directly hang up; some businesses deny that consumers buy mobile phones in their shop, and consumers can not provide business details through courier companies, resulting in the complaint cannot be dealt with.

Data show that in 2013, 12315 system to accept complaints involving regular electric dealers, a total of 5387 complaints, accounting for the whole year net purchase complaints, the total number of complaints 52.4%, of which Taobao consumer complaints, a total of 1926 complaints, at least 10% of the operators suspected of fraud.

According to the City's consumer council, "Taobao" complaint volume accounted for the formal electricity consumer complaints 12% of the total complaint. But the success rate of mediation is less than 25%, in the number of complaints in the top ten of the regular electric dealer in the lowest, Taobao platform hidden a large number of refused to mediate, unable to find the business is the main reason for the low success rate of mediation.

Counsel:

New elimination method clear platform business need to compensate

Feng Jiang, a lawyer at the Guangdong Peregrine Law firm, believes that the Consumer Protection Act (2013 Amendment) 44th stipulates: "The provider of the network trading platform knowingly or should know that the seller or the service person uses its platform to infringe upon the legitimate rights and interests of consumers, and fails to take the necessary measures, and the seller or service person shall bear joint and several liability." ”

In this case, because these businesses are provided by the network trading platform providers, consumers are deceived by the trust of the network trading platform provider to their merchants, even if the network trading platform provider has fulfilled the obligation of censorship and supervision, and still should assume the responsibility of improper supervision according to law.

Case TWO:

Online game complaints

Multi-cause "sealed" number

2013, the city council received a large number of consumer complaints, said that spending time and money to play Tencent "QQ three" process was no reason, Tencent solution for commercial technical secrets can not provide players specific violations of the rules of the game, and then to the Consumer Council complaints.

According to the introduction, the City CC continuously interviewed Tencent company, and the topic of Tencent "QQ three" game on the use of plug-in users to create a large number of user, duplication, malicious complaints, and so on, by the Tencent game project team proposed a specific strategy optimization program.

The City consumer Council said that when consumers find their own game account abnormal, should promptly contact operators, players should retain the relevant vouchers, such as Recharge records, agreement content, game records, and operators contact records, etc., for future rights to use.

Counsel:

"Seal number" must inform the reason

Meng Qingjie, a lawyer at Beijing Pacific Branch (Shenzhen) Law firm, said operators do have sufficient evidence to prove that consumers have the use of "plug", "server" behavior, have the right to take the letter, but should be in accordance with the "law", if the operator to terminate the service contract, the consumer must inform the fact that it was sealed, The reasons for the ban. If the operator fails to fulfill the obligation, it violates the consumer's right to know and should bear the responsibility of breach of contract.

Case THREE:

Car odor complaints

Difficult to identify

May 16, 2013, has more than 160 Shenzhen Mercedes-Benz owners to the city Consumer Council complaints, reflecting from 2008 to 2012, the purchase of Beijing Dike company produced Mercedes-Benz C200, C300 car, the use of 3-4 years later, the car smell more and more large, pungent smell, suspicion is the factory used unqualified materials , quality defects.

A number of car owners were found to be unwell and suspected to be connected with the use of the vehicle. Some owners have brought to the third party testing agencies of the vehicle's air quality has been detected, showing the car formaldehyde and total volatile organic matter exceeded the standard, but manufacturers and distributors did not give satisfactory treatment.

It is understood that by the municipal council for many times to organize the Mercedes-Benz manufacturers high-level, technical experts, such as Germany to conduct a multi-party investigation and mediation, Mercedes-Benz said it will be based on the actual situation of the consumer's vehicles to carry out the latest process of cleaning, and signed a written guarantee agreement, to ensure that in the process of At the same time to compensate for car owners transportation subsidy costs. Up to now, Mercedes-Benz has been a part of the consumer's vehicles to replace the carpet, car air cleaning and other treatment, but did not completely solve the demands of all consumers.

The Municipal Council of Consumer Committee, the current domestic vehicle air detection mode and the actual driving situation of the consumer disconnect, the detection method is very difficult to operate, the air quality standards within the vehicle is generally lower than other national requirements, and non-mandatory national standards, the legal effect is limited.

Counsel:

"Curve" rights to promote manufacturers to testify

Guangdong Peregrine Law firm Li Longyu Lawyers believe that if the consumer is difficult to prove that the body suffered damage and car air odor between the cause and effect, you can consider changes to the requirements of the car seat leather and other chemical components are exceeded, thus proving the existence of product quality problems.

He believes that serious problems in the car odor, such as under the existing "Passenger Vehicle air quality assessment Guide," consumers difficult to obtain favorable evidence. But consumers can change the angle, to the car seat of the leather and other chemical components are exceeding the standard, according to the "Product quality arbitration inspection and product quality Appraisal management measures", in the course of litigation can be brought to the court designated the identification of organizational units on the existence of the quality of the vehicle identification.

He said that even if can not be identified, the Shenzhen Special Economic Zone in accordance with the implementation of the "Elimination Law" related regulations, by the operator "no fault" to prove or assume responsibility, in order to identify the manufacturer passive proof.