Mobile phone remaining traffic clear 0 again disputes: users to tell the operator

Core tip: This is Chongqing's first, the country's second prosecution of communications services companies "misappropriation" consumer Internet traffic cases. October 12, Zhongqing Yunyang County People's court, the second trial court, Chongqing Youth Xu Peng sued the communications company, "Data flow monthly use, overdue surplus part of zero" case in the open trial. This is Chongqing's first, the country's second case of prosecution of communications services companies "misappropriation" consumer Internet traffic. China Mobile User Xu Peng has handled a variety of Internet package business. But the consumer, who is studying for a postgraduate in legal law, finds that the operator will automatically clear the remaining portion of the data that is purchased every month without a contract or a clear notification. On the basis of a "telecommunications service contract dispute", he sued China Mobile to court, demanding that the defendants continue to use the remaining flows of May 2013 and June for the next month. The case in the trial process, the country's first "judicial open model Court" one of the Yunyang County court through the court portal, electronic touch screen public release of information, and Sina Weibo, Tencent micro-blog synchronized live, with the help of emerging media and information technology to promote judicial disclosure. The Court is also concerned about answering consumer questions on online messages. In the trial, China Mobile Communications Group Chongqing Co., Ltd. Wanxian branch commissioned the agent that in this case, the Internet package, is the defendant in a specific time, a specific period of the introduction of a general discount, different from the general form of service, the plaintiff chose a special package, enjoy more than the General Service more concessions, can not require separate calculation. He also believes that the "flow of automatic clear 0" is a kind of industry norms and trading habits, in the process of dealing with each other there is an agreement, there is no law and tort behavior. In explaining the "trading habits", he cited an example: we go to restaurants to eat, can not finish the package, but also as a restaurant service buffet, cheap, rich in food, can not be packed anywhere. "So this is a trading habit. "Because of the professional nature of the case, involving a wide range, after the trial after the collegiate collegial panel, not in court to make a verdict, will be the selective sentencing."