Hundred Homes suspected contract fraud free use of advance payment to be sued

China Economic Network Beijing January 21 (reporter Dandan) owners will be the new house to the Lo Wu residential renovation, the estimated 55 days of the period of 3 years, the two sides ultimately due to the delivery slip signed by the owner of the authenticity of the writing, what causes the shutdown and other issues, but the problem has still not resolved, Mr. Sun, the owner, was "uneasy". In this regard, the owner of the settlement contract for the fishing contract, low prices to attract customers and the free use of advance payment, the industry believes that the behavior of the hundred homes or suspected contract fraud. China Economic network reporters to contact the Shenzhen Luohu Shop and the headquarters of the telephone, each other for various reasons refused to accept the interview. The owner questioned the hundred-house contract for the fishing contract according to Shenzhen News Network, the landlord Mr. Sun in March 2009 will be located in Luohu District Wen Jin Road, Haili Building a set of 75.5 square meters of housing commissioned to the Lo Wu residential decoration company. According to the agreement, the decoration works should expire on June 18, 2009, but the landlord, Mr. Sun, on August 1, 2009, received by the Lo Wu in the "Construction Midway stoppage notice", the notice is clearly marked, "the site because there is no money on the card, there are purchased materials did not buy, can not be constructed and other reasons, to temporary shutdown." According to Mrs. Sun introduced, in accordance with the contract agreed to the 90,000-plus-million housing decoration has been all used up, the house is still rough room, more so that they can not understand the shopping list in the Hundred homes, unexpectedly appeared the Art knife and drill and other decoration tools. Even after the August 1, 2009 shutdown, the same year in November produced a measurement fee of 1307.79 yuan, prepaid on the card has left more than 2000 yuan balance was emptied. In addition, Mrs. Sun also told reporters, prepaid to deposit in the card, cards are in the foreman's hand, the owner does not have the control of the card. Foreman Zhou did not follow the process of the agreement, not only the purchase of materials without the approval of the owner, the receipt is not delivered to the owner, which also became a return to their claim for a refund of the obstacles. But the supplementary agreement signed by the two parties expressly stipulates that hundred homes according to the owner confirmed the material budget and the actual situation with the scene to accompany party A to the mall to purchase materials, issued hundred homes Building materials supermarket computer material list, delivery to party A or agent inventory signature recognition, as the final account basis, the use of the cleaning contractor, the form of purchasing materials. Mrs. Sun therefore questioned the contract is a fishing contract, to attract customers at a low price, but in the procurement of decoration materials without the approval of the owner, the advance payment will be free to use. The industry has questioned the claim that this behavior may be suspected of contract fraud. "The choice is to think that this is a large enterprise, decoration costs less than 100,000, and the source of material is also very reassuring." Mrs. Sun said. Court no fruit still diverging decoration after the shutdown, Mr. Sun and hundreds of three years of negotiations have no fruit, Mr. Sun a paper petition will be at Lo Wu in the courts, claims more than 280,000 yuan. January 10, 2013, the court heard the case but no fruit. According to the reporter understand, the reason that the trial was fruitless, because both sides on the delivery of the receipt of the owner's handwriting authenticity, what the originalDiverging caused by problems such as downtime, resulting in co-ordination fruitless. In response to Mr. Sun's refund letter, the January 6, 2012 reply to the demand for owners to provide merchandise delivery list and identity card original to the hundred homes for return formalities. But Mrs. Sun said that the delivery orders were in the hands of the foreman, not to the owners. At Lo Wu in the trial scene issued a delivery note on the document that Mr. Sun's autograph, Mrs. Sun was firmly denied, and finally by the judge coordination, the two sides decided not to do handwriting appraisal, but to provide delivery orders to return the problem is still unresolved. In addition, there is another reason for the trial, the Lo Wu housing trial site issued a call log that has repeatedly called Mr. Sun, including the community management Office can not find the owner, it was forced to work, Mrs. Sun said the number has never changed and has been maintained normal state, did not receive a phone call. In addition, the two sides on the problem of the shutdown due to the leakage of the house has not reached a mediation, the cause of the shutdown is pending. Guangdong Peng Hai Law firm Feng for Mr. Sun's attorney, he said, the owner of the lawsuit, including the refund of the advance payment of the repair, to the three years of downtime caused by the rental loss for the standard calculation of liquidated damages, as well as the contract liquidated damages, interest and so on amounted to more than 280,000 yuan compensation In this connection, the Chinese economic network reporter through many channels, multiple contacts, the other party to no one to work, pick up the phone for the new staff workers, mutual dodge and other reasons refused to be interviewed by reporters.