Beijing consumer group operator OVERLORD clause: the balance of the charge is illegal

Washington (reporter Shi) yesterday, following the first batch of 5 kinds of overlord of the public comments, the City association again will be targeted at the telecom operators, said the mobile phone recharge card should not set the validity period, more should not be required to expire after the balance of the card, the two provisions are the Overlord clause.　　The City Association thinks, the ownership of the phone account balance belongs to the consumer, "the service expires balance" violates the fair principle stipulated in the contract law, violates the consumer's legitimate rights and interests, should be invalid. Telecom operator Clause 1, the different face value of the recharge cards are valid, valid from the date of recharge start calculation. After the first recharge, the account status into the account life cycle, mainly including the validity, recharge and lockout period of three time period. Users are free to speak during the validity period. Valid full account balance is less than zero into the recharge period, if the account still has the balance, you can answer the phone. During the lockout period, no matter whether the account has the balance, can not exhale and answer any phone, and can not use recharge card recharge, must carry cards to the business hall for unlocking after the recharge.　　If the account lockout period is still not recharge, after the lockout valid period, the number will automatically log off, the number is cancelled, the balance in the account no longer return.　　2 terms this card does not provide the application PIN number and the return balance service. Help comments 1 The ownership of the mobile account balance should be attributed to the consumer City Association, the telecommunications operators for the recharge card set the validity period, the expiration date, the relationship between the rights and obligations is terminated. Telecommunications operators provide communication services, should be deducted from the consumption of mobile phone account prepaid, when the operator to provide the service termination, if the account also has the balance of charges, according to the "Property law", the balance has not been deducted for the operator to provide services, no legal provisions on the transfer,　　Ownership of the balance remains with the consumer. 2 "Service due balance" violation of the principle of fairness, the city Association said that the merchant unilaterally formulated "service expired balance" clause, and its own point of view imposed on consumers, increased the responsibility of consumers, and the contract law of the legislative principles of the contrary. Similar provisions have been made in the Consumer Protection Act.　　This rule clearly violates the right of consumers to legally control their own rights and interests. 3 Telecom operators have no legal basis according to the general rules of civil law, "without lawful basis, to obtain improper benefits, resulting in loss of others, shall be returned to the loss of the wrong interests." "The operator should return the balance to the consumer.　　If refused to return, it constitutes a violation of consumer rights.　　4 "Service due balance" in violation of the relevant provisions of the Government departments of the city, according to the 2004 Mii "on the regulation of telecommunications Services Agreement on the issue of the notice", telecommunications business operators for the user's obligations, without the user's consent, may not become part of the service agreement. In addition, in 2007, the Ministry of Information Industry, the telecommunications authority of the users of mobile phone sales demand for the withdrawal of cash complaints processingReply (2007]85) also clearly pointed out that: "Mobile phone account balance is owned by users, when the user requirements of the amount in the account to use, communications operators should effectively meet their obligations to the user to refund the balance in the account."　　The practices of telecom operators clearly violate the relevant regulations of the government departments. 5 Telecom operators should actively guarantee the realization of consumers ' right to credit balance the city association said that telecommunications operators should be in accordance with the provisions of the cancellation of the period of charge, there is a need to comply with the relevant provisions.　　Should be set up reminders and balance refund services, by telephone and other means to inform consumers to exercise their rights in a timely manner to avoid consumers do not know or idle to exercise their rights. In addition, the telecommunications enterprises should also improve the balance of account calls to deal with, after the expiration of the service, should set a variety of refund of the balance of the way, and allow consumers to make a free choice.