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A restaurant set minimum consumption, the consumer sued the court. Information pictures

Yesterday, in the 3 15 consumer Rights Day is approaching, Guangzhou court system Research in recent years, consumer rights jurisprudence, and published relevant research information.

According to Yuexiu District People's Court statistics, consumer rights in the "Product liability dispute case" 90% are "professional counterfeiters" prosecution, the general consumer rights awareness has yet to be enhanced. In the case of hundreds in 2013, the main dispute areas focused on the consumption process of personal safety damage, prosecution business, online shopping was cheated, product false publicity, prosecution business and so on.

The court reminded consumers that the new law, which will be officially implemented on March 15 (this Saturday), would allow online shopping to be returned unconditionally within 7 days, even if the store "ran", and consumers could seek justice from the website operators. In the future, the association will be entitled to bring public interest litigation, punitive damages will be guaranteed 500 yuan.

Nanfang Daily reporter Liu Cuannan intern lee correspondent Yang Ting Godgia

March 10, Guangzhou Yuexiu District Court accepted the first case of the hospital catering service contract disputes to the minimum consumption.

People eat out, often see restaurants and other catering industry demand "minimum consumption", many people think that this is "overlord clause", unreasonable requirements, but there are few real rights defenders.

March 8, Guangzhou residents in a hotel in a restaurant consumption, according to the meal card a total of 78 yuan meal, but in the checkout, but was told not to reach the minimum consumption, the minimum amount required to pay 124 yuan.

Liao put forward "minimum consumption limit is illegal", the consumer association has a clear stance, and there are precedents throughout the country. But the store still insists on charging the minimum cost of consumption. Liao thinks that the operator's move is to use the advantage position, set up unfair responsibility, violates the "Consumer rights and Interests protection law" and other relevant provisions, is "overlord clause". Accordingly, the hotel sues to the court to request the refund fee. At present, the Yuexiu court has accepted the case.

According to the Yuexiu court statistics, 2013, a total of consumer prosecution of producers or sellers of product liability disputes a total of 121 cases, although the number of were is more than twice times the number of were in 2012, but this, most of them as "professional counterfeiters" fencing, ordinary consumers to prosecute major manufacturers, distributors of product liability disputes less cases.

In the case of

The Lantern Festival eats the Fall The court to award the shopkeeper compensation

Zhou (a pseudonym) in last year Yuan snack to a well-known restaurant to eat reunion rice, how to go to toilet after a meal, fell in the hotel's toilet doorway, was diagnosed as a thigh powder-like fracture.

The hotel is not responsible for this, to the toilet does not belong to the hotel business scope, is the building management side of the jurisdiction of the responsibility. After the judge's on-site investigation and examination of the evidence submitted by the parties, the Court held that although the hotel and building management of the lease contract does not include the toilet, but according to the location of toilets and the use of common sense and so on, sufficient to determine that the hotel is the actual management of the toilet users, the final

The judge said: "The new Law" stipulates that hotels, shopping malls, restaurants, banks, airports, stations, ports, theaters and other business operators, should be to consumers to fulfill the obligation of safety and security. The above public places should safeguard the consumer's personal safety, but often the court should judge the fault degree of both sides according to the actual situation, and the consumer should also make the duty of care of personal protection.

Food Safety "refund ten" does not take the actual occurrence of personal injury as the premise

Xiaozheng in a large chain of pharmacies bought 7 boxes of health care products totaling 1736 yuan, the health care products on the outside packaging show ingredients including "food additives (D-mannitol)", Xiao Zheng did not take the purchase of health care products, but it said that the additive violated the state-related food safety standards, and then sued manufacturers and distributors, and asked "Back one lose Ten".

The Court considered that the product was a fixed drink, not fructose, and D-mannitol allowed to use only limited to fructose, so the manufacturer's behavior does not conform to food safety standards. Therefore, the plaintiff's demand for support, the judgment of the manufacturer compensation 10 times times that is 17360 yuan compensation to the plaintiff.

The judge said: the production or sale of food that does not meet food safety standards, consumers in addition to claims for damages, producers or consumers can also be required to pay 10 times times the price of compensation, the request does not take place in the consumer actual personal injury consequences as a prerequisite.

Exaggerated advertising language false propaganda consumer successful refund

Keung (a pseudonym) in a large department store bought drinking water produced by a beverage company in Heilongjiang Province, the product outside the packaging claimed to be "Chinese chess team designated drinking water", "China go team designated drinking water", keung that the advertisement falsely exaggerated, "designated" and other terms are illegal propaganda, So the manufacturer and department store sued to the court to request the department store to refund the purchase money. The court sentenced the consumer to win the case.

The judge said: the State Administration for industry and commerce, as the administrative organ, expressly prohibits the use of "XXX designation" in advertising terms, except in certain circumstances, the product is not a special use case in this particular case, so the department store as a seller, failed to fulfill the obligation of strict examination, shall bear the legal liability for the refund of the price.

No express winning probability court decision is deceptive sales

Xiao Peng bought a bottle of drink in a famous supermarket, the beverage package has "another bottle" promotional message, but there is no information on the premium activities of the winning rate, so Xiao Peng and the manufacturer and the famous supermarket false publicity, fraud consumers as a result of prosecution to the court.

After hearing the court, it was considered that the sixth article of the provisions on the prohibition of unfair competition in the premium activities stipulates: "Where the operator organizes the premium, it shall express to the purchaser the type of prize awarded, the probability of winning, the amount of prize or the type of prize, the redemption time and the way"; the concealment of the truth is regarded as deceptive premium. So the court decided to "return one loss one".

Seven highlights of the new law of elimination by the judge

Online shop "Run Away" electric business compensation

The decision of the Standing Committee of the National People's Congress on amending < protection of consumers ' rights and interests >, since March 15, 2014, will be more beneficial to consumers in safeguarding their lawful rights and interests.

The judge introduced, the net buys, already became the modern metropolis person life shopping important way, but this new and universal way of regulating the legal system is not perfect, so, for this consumer can not really see, touch the kind of consumption, "The new law" gives consumers no reason to return the right, Greatly protect the rights and interests of consumers. "New Extinction Law" includes the right to bring up public interest litigation, punitive damages to the minimum, aggravating the online purchase platform to examine the responsibility of the seven highlights:

1. "False buying" does not affect the right to claim compensation

The old law stipulates that "know-fake buy leave" can not claim punitive damages, but the new law is modified to, if the consumer in the purchase of the product or accept the service already know its flaws, and know that the flaw does not violate the mandatory provisions of the law, can not claim punitive damages. Therefore, in such a case the shopper should be regarded as a consumer and may, on the premise of "knowingly", claim to the operator for compensation for an additional indemnity other than the price.

2. Online purchase of goods, the right to have no reason to return within 7th

The new law stipulates that if the operator uses the network, television, telephone, mail order and other means of selling goods, consumers have the right to return from the date of receipt of goods within 7th, and do not need to explain the reasons.

3. Unfair "format clauses" are null and void

The contents of any exclusion or restriction of consumer rights, mitigation or exemption of liability of the operator, and aggravation of consumer liability are not fair and unreasonable in terms of form, notice, declaration, shop notice, etc. In other words, in real life a lot of businesses in their shop express charge "open bottle fee", declined to bring drinks, "goods one go out without Exchange" and other overlord clauses are illegal.

4. Protect consumer personal information from being compromised

The new law stipulates that the operators and their staff must be kept strictly confidential of the personal information collected by the consumers and shall not disclose, sell or illegally provide to others. The operator shall take technical measures and other necessary measures to ensure the safety of information and prevent the disclosure and loss of personal information of consumers.

5. Shop "Run" electric compensation

Here the network trading platform provider for the commonly understood "electric quotient", such as well-known day cat, Taobao and other online shopping platform. The new law stipulates that if the provider of the network trading platform cannot provide the real name, address and effective contact method of the infringing seller or the service provider, the consumer can also ask for compensation from the network trading platform provider, and the network trading platform provider should fulfill the promise of making more consumer-friendly commitments.

6. The amount of punitive damages is 500 yuan

When the operator has fraud, the old law stipulates to bear the responsibility of "refund one loss," but the new laws will further increase the punishment to "refund three", and the minimum is not less than 500 yuan, the fraud of the operator will be a more powerful blow and containment.

7. Associations have the right to bring public interest litigation

Since Xinmin litigation has increased the new litigation type of public interest lawsuit, there has been no relevant substantive laws and regulations on public interest litigation clearly stipulated, the implementation of the new elimination law to fill this loophole, to infringe on the legitimate rights and interests of many consumers, consumer associations have the right to represent the rights and interests of consumers to the people's courts to sue, This is the first time in the existing entity legal system that the Consumer Association can act as the subject of public interest litigation.

Yuexiu Court judge also reminded consumers to note the following points:

After the implementation of the new law, the use of online shopping and other forms of non-entity consumption, although the law gives consumers the right to return for no reason within seven days, this is not applicable to all goods, the Law also stipulates: Consumer fixed, live perishable, online download or consumer-opened audio and video products, computer software and other digital goods, delivered newspapers, These rights may not be exercised by periodicals, or other commodities which are based on the nature of the commodity and are not returned by the consumer at the time of purchase.

After consumption, try to retain the consumer voucher. Encounter the problem of consumption, first find help. The new law stipulates that consumers may lodge complaints with the relevant administrative department and that the Department shall deal with and inform the consumer within seven working days from the date of receipt of the complaint.