18,000 market pick-up card can not be reported to be questioned

Comic picture. She Zhengjun/Figure our correspondent Liu Wenwan at present, the major shopping malls almost all have a variety of denominations of the shopping card or delivery card external distribution, there are consumers are willing to enjoy the convenience of card consumption, there are many consumers on the delivery card loss of the reasonableness of the question. The explanation of the shopping mall is: The delivery card is equivalent to cash, bearer, no loss, no compensation. Chongqing Municipal Consumer Council said: "Shopping malls statement has no legal effect, unfair to consumers." Can the shopping center pick-up card not be equal to cash? Lost can not be a shopping mall's overlord clause? Is there a duty to refund the balance?　　This reporter interviewed relevant people. The balance of the pickup card is frozen for two years "the value of 18,000 of the delivery card is lost, shopping malls and do not let the loss, this can do?" "A few days ago, Chongqing Yunyang County Consumer Liu Daochun met this depressing thing." At the end of December 2009, Liu Daochun purchased 24 cards with a total value of 20,000 yuan in the new Century department store Yunyang shop. When buying a card, the new Century department store Yunyang a note on a memo marked the number of the pickup card, and sealed the seal and gave it to the Liu Daochun. However, January 16, 2010 noon, Liu Daochun accidentally will be equipped with pickup card of the black leisure bag lost. He immediately reported the case to the local public security organs, and to Wanxian New Century (New Century department store Yunyang shop under the new century) to apply for the loss of delivery card, and request the balance card or refund, and the newspaper declaration is void. Wanxian New century verification found that, excluding the amount of consumption, Liu Daochun purchase card of 18,000 yuan balance is still in the card.　　The store immediately froze the funds, but refused to Liu Daochun the loss of the loss, card or refund requirements, said that only those who picked up these cards to the shopping malls after consumption was found to recover these pick-up cards, and for Liu Daochun new cards. Liu Daochun that the shopping malls detailed records of their own pickup card number, they have a public security organ issued proof, as a purchaser, why can not report loss? Liu Daochun to Zhongqing Yunyang County Consumer Council complaints, Wanxian the new century but refused to the Consumer Council mediation.　　The dispute dragged on for more than two years and has not been resolved. Shopping Mall "card not recognized" New century Chongqing headquarters steering office a staff member surnamed Zhao said in an interview with reporters, each pick-up card has been declared on the back of the "bearer, do not report loss, no compensation", delivery card trading equivalent to cash transactions, free circulation, the principle of the mall is "card recognition." The staff explained that, in the event that the consumer could not produce the pickup card, the mall could not confirm whether it belonged to the actual cardholder.　　Shopping malls According to the "Do not report loss, do not make a replacement" contract, refused to deal with the consumer card procedures, the situation, reasonable and lawful. The staff also noted that the loss of the pickup card by consumers was due to negligence, and there was no fault in the new century. Consumers demand that no fault of the shopping malls for their personal negligence to bear the responsibility for compensation or compensation, is contrary to the principle of fair trade, the new century is unacceptable. In addition, in view of the ownership of the pickup card is owned by the cardholder, the new century has no right to the delivery card in the newspaper declaration void. Moreover, the newspaper statement can not produceThe market can refuse the legal effect of the future bona fide third person to hold the card consumption. "Declaration" has no legal effect Zhongqing Yunyang County the Secretary-General of the Consumer Council Lan Zhidong that the pickup card is not the same as cash, but has an incorrect prepayment attribute. According to the contract law and the relevant provisions of the Civil Code, when the card is lost, the two sides no longer have a business direction, so you can cancel the trading relationship.　　If the party losing the card can produce strong evidence to prove that he is the holder of the card, then the seller in the verification of the correct, the card should be the full payment of all unconditional return. Lan Zhidong pointed out that the "Consumer Protection Law" 24th stipulates that the operator shall not be in the form of contracts, notices, statements, shop signs and other means to consumers unfair, unreasonable provisions, or to reduce and exempt their legitimate rights and interests of consumers should bear the civil liability. The contents of a form contract, notice, declaration, shop notice, etc. containing the contents of the preceding paragraph shall be invalid. This shows that the delivery card on the "bearer, do not report loss, lost not to fill" statement, is a unilateral form of the contract, does not have the force of law. "Consumer Liu Daochun has sufficient evidence that he is the owner of these pick-up cards, Wanxian the new century has the obligation to new cards or refund the balance."　　"Lan Zhidong said. The merchant has the duty to report loss the Chongqing Bokai law firm lawyer Xu accepts the reporter to interview, said that handles the delivery card to report the loss the procedure is the shopping center duty and the responsibility. According to the 39th article of the contract law of our country, the party providing the form clause should abide by the fair principle to determine the rights and obligations between the parties. First of all, the lost pickup card was made by the mall unilaterally ahead of time, "not reported loss" terms marked on the delivery card, in the delivery to the user did not negotiate the content of the terms with the user, in the formulation of the provisions of a predetermined, in the expression of the meaning of the unilateral decision, in the status of the parties to the contract has unequal, belong to the typical format clause. Second, the loss of the report is only a temporary relief measure, does not involve the legal holder's judgment question. The shopping mall card number has been registered in advance, but also the conditions for the loss of reporting procedures.　　Moreover, the process of reporting loss will not cause losses to the shopping malls, if the illegal holders do not dare to extract goods, not to deal with the report may bring illegal benefits to the market. Xu that, because of trapped in the "bearer, do not report" Overlord clause, there are many consumers in the loss of delivery cards, can only consider themselves unlucky, can not recover the amount of the card. When these cards expire, these amounts naturally become the "windfall" of the shopping malls. At present, there are many people in the industry appeal, in order to reduce the loss of consumers, businesses should implement real-name. Technically speaking, the implementation of the real-name system is not a problem, but the merchant has repeatedly adhered to the "Anonymous, not reporting", the reason is that businesses are determined to evade management responsibility, unilaterally to consumers forcibly transferred management costs, thereby maximizing the protection of their own interests. "In fact, the OVERLORD clause will not only damage consumer rights and interests, but also not conducive to the long-term development of the business." Business if notThe energy spent on improving service level, but blindly evade responsibility, transfer costs, will be discarded by consumers. "Xu said.