Huaheng education is alleged to be unjust enrichment: the customer is still withholding intermediary fees after studying abroad

Open the line. Every March, consumers and businesses will pay attention to a day-"3 15" International Consumer Rights Day. It seems this day that the work of protecting the interests of consumers will be a particular concern. In fact, for the morning paper hotline, every day is "3 15". Today, we launch the "every day 3 15" column. In this column, we will improve consumer rights awareness and ability by telling stories around us, we will assist consumers to complain, help consumers to recover losses, we will collect consumer opinions, feedback to the enterprise ... Put your experience in the consumption process and confusion to us, we in the hotline 96101, Mailbox 96101@vip.163.com, Micro bo "Daily 315", micro-letter "bjcb96101" this end and so on. Mr. Yang and Beijing Hua Heng Education and Cultural Exchange Center signed a service contract, but because the daughter has not met the blessing of the number of requirements, can only be forced to give up study, Huaheng will be 18000 Yuan service charge deduction. Lawyers said that because Huaheng did not provide services, the deduction of money is unjust enrichment. The examination has not been served. Mr. Yang intends to let his daughter go to the United States to study, January 31, 2011, he signed an intermediary service contract with Huaheng, commissioned Huaheng for study abroad, and paid a fee of 18000 yuan intermediary services. Then, Mr. Yang's daughter to participate in the United States required TOEFL test, did not think, 7 consecutive tests did not meet the score requirements, "The TOEFL test is the first step abroad, so we can only be forced to give up." Mr. Yang said that during this period, Huaheng has not asked, nor provided any services. Seeing the United States hopeless, in early 2012, Mr. Yang found Huaheng to cancel the contract, but Huaheng refused a refund according to section 26th of the contract 4th. "If you want a refund, you have to find a place to replace it," he said. Where am I going to get you a client? Besides, if they don't offer any services, I'll have to pay for them. "Two times to Kyoto Shiri because home in Inner Mongolia, Mr. Yang had to entrust a Beijing lawyer friend to see the contract," the lawyer said the 26th has the contract trap, went to the Hua Heng to talk about 3 hours, Huaheng promised to return 3000 yuan, but I think too little will not agree. "The reporter saw this contract, found that the contract 26th mentioned," The client for their own reasons to request the cancellation of the contract, the trustee deducted intermediary service fee of 18000 yuan. "But the contract is not explicitly listed as to what the" cause "contains. In addition to entrust the lawyer, Mr. Yang also personally came to Beijing two times, "every time the company staff to push and touch the rebuff, and the original signing of the intermediary staff even no longer answer the phone." Mr. Yang said angrily. Not to mention a willingness to refund reasons Beijing Beijing law firm Tri Jianan lawyer said that Mr. Yang and intermediary company signed the contract is a commissioned service contract, the contract has a clear agreement in accordance with the agreed to perform, there is no clear agreement to comply with the law of fairness and justice principle. In this contract, the two sides did not explicitly agree that if the child did not pass the exam, so according to the principle of fairness and justice in the contract law,Parents being forced to give up going abroad do not constitute a default. Cui lawyer also mentioned that if the intermediary company because of the provision of services to children actually incurred costs, the cost should be borne by the parents. But in fact, because the child has not reached the test score requirements, the intermediary company has not provided services, also did not occur costs, the company also has no substantial losses, then deduct all intermediary fees for parents, from the civil law is unjust enrichment. The reporter found Huaheng company marketing department personnel Mr. Wang, the other side said will help understand and reply reporter. That afternoon, Huaheng to Mr. Yang to send a "contract termination agreement", expressed willingness to refund 18000 yuan. But Mr. Yang is still very angry, "because the agreement is a bit overbearing, if I disclose to the media after the signing, Hua Heng will ask me to return all the fees and pay 4 times times the interest rate of the bank's regular interest rates." Isn't that blackmail? "As for Mr Young's activist for a year, and now a sudden refund, Hua Heng has not given a response." Clue: Mr. Chen Morning 96101 live news reporter Ye Yire