add water to the seafood bag to weigh it,
A seafood restaurant in Beihai was fined 20,000 yuan;
Online Store Consumer Requests to Favorite Reviews,
An Internet Company in Nanning was fined 5,000 yuan;
Buy health products and get "Hong Kong Stocks",
Merchants were fined specifically for cheating the elderly;
...
Yesterday,
was selected by the Autonomous Region Market Supervision Bureau and
Guangxi Consumer Commission,
Top ten typical cases of Guangxi Consumer Rights Protection in 2018
Top ten typical cases "outdated".
01
Block negative reviews for consumers and infringe on consumer supervision rights
On July 10 last year, consumers complained that Guangxi Nanning Fujiangxu Network Technology Co., Ltd. (hereinafter referred to as the party) stated in the "medium profit" website it operates that the administrator will block the buyer's account for negative reviews, copying or plagiarizing others' evaluations, and will not unblock them until the buyer contacts the seller to negotiate and modify the evaluation.
former Nanning Municipal Bureau of Industry and Commerce has filed an investigation into this. After investigation and determination, the behavior of the parties violated the provisions of Article 12, paragraph 7 of the "Measures for Punishment of Infringement of Consumer Rights and Interests" and is an act in which contains unfair and unreasonable provisions to consumers in the statement. The parties involved will be fined RMB 5,000 in accordance with the law.
02
Prepaid consumption without a contract Promotional activities violated the law
In June last year, a consumer complained to the former Economic Inspection Detachment of Nanning Industry and Commerce Bureau that Guangxi Aisite Plastic Surgery Hospital Co., Ltd. (hereinafter referred to as the parties) carried out a promotional activity of pre-depositing 50,000 yuan and giving 40,000 yuan. Nong and Hu attended the event on January 31 last year, but the parties did not enter into a written contract with him and did not give consumers a physical card. Instead, they used electronic data to record it on the parties' "Medical Beauty Hospital Business Management System".
It was determined by the former Economic Inspection Detachment of Nanning Municipal Bureau of Industry and Commerce that the parties' behavior was illegal. Article 26 of the Guangxi Consumer Rights Protection Regulations stipulates that the amount of a single registered prepaid voucher provided by the legal person operator shall not exceed 5,000 yuan, and the amount of a single bearer prepaid voucher shall not exceed 1,000 yuan. The detachment ordered the parties to stop the illegal acts and imposed a fine of 3,500 yuan.
03
free learning machine, selling high-priced learning card
In September last year, many consumers complained: Nanning Xingjun Communication Products Operation Department (hereinafter referred to as the party) gave away learning machine for free in a shopping mall on Chaoyang Road, asking consumers to purchase learning machine materials usage fees (simultaneous learning card) ranging from 1,599 to 1,800 yuan (simultaneous learning card). The consumer requested a return and refund due to quality issues, but the merchant refused.
After receiving the complaint, the former Nanning Municipal Bureau of Industry and Commerce inspected the store of the parties in accordance with the law. It was found that the store’s sign was marked with the “China Mobile” logo, and the store marked “simultaneous tutoring of courses for junior and middle school students, free tablet computers and sync learning cards for their own expenses”. After investigation, it was found that the parties involved in used other people's signs to carry out business activities without authorization, and also illegally sold goods that did not mark the factory name and factory address information and infringe on the exclusive right of others' registered trademarks. Based on this, the former Nanning Municipal Bureau of Industry and Commerce ordered him to stop his illegal acts, confiscate infringing goods, and impose an administrative penalty of 400,000 yuan in accordance with the law.
04
Buy health products and get Hong Kong stocks. The gimmick misleads consumers.
On March 27 last year, the former Liuzhou Municipal Bureau of Industry and Commerce received a report from consumers that when the Zekang Food Business Department of Liubei District, Liuzhou City (hereinafter referred to as the party) organized the promotion of amino acids and other health products, it used the gift of 800 shares of Hong Kong stocks of "Ruinian International" for every 3,980 yuan purchased by amino acid products, misleading consumers to purchase the health products they promoted.
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After investigation, the behavior of the parties violated Article 20 of the Consumer Rights Protection Law, and is a false propaganda. The former Liuzhou Municipal Bureau of Industry and Commerce ordered the party to correct the illegal acts in accordance with the law, confiscated 29,544 yuan of illegal income and imposed a fine of 30,456 yuan.
05
gas station employees play fraud. The amount of refueling is less than
In August last year, consumer Mr. Yang went to the PetroChina Luzhai County 4-row gas station (hereinafter referred to as the party) to add 50 yuan to 92 gasoline. After the refueling process of the gas station salesperson completed, Mr. Yang found that the amount displayed on the gasoline was 45 yuan, and the salesperson in charge of refueling admitted that he had added 5 yuan less gasoline. Mr. Yang asked the parties to give an explanation and ask for compensation, but he did not receive a response.
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Afterwards, the salesperson explained that he had repeatedly used improper means to withhold consumers' refueling money. After the dispute occurred, the superior PetroChina Guangxi Liuzhou Sales Branch and the salesperson in question apologized to the consumers. After mediation by the Siba Industrial and Commercial Bureau of Yuanluzhai County Industrial and Commercial Quality Supervision Bureau, the parties involved in gave consumers 500 yuan in compensation. For illegal acts of the parties involved in infringing on the legitimate rights and interests of consumers, the Yuanluzhai County Industrial and Commercial Quality Supervision Bureau imposed an administrative penalty of 15,000 yuan in accordance with the law.
06
gifts caused trouble and flooded the house. Merchants are responsible according to law. Consumer Du Moumou complained that he purchased a water purifier at the 50zhou cabinet store (hereinafter referred to as the party) in Lingui District, Guilin City on March 6 last year. The party equipped the water purifier with a pre-filter for free and installed it in the consumer's kitchen. On April 9 last year, the water purifier pre-filter burst when there was no one at home, causing water leakage for more than two hours.
The consumer's home does not have floor drains installed in waterproofing, resulting in a large amount of water accumulation in the home, wooden floors, furniture, etc. being soaked and deformed, and the water seepage of residents downstairs is damaged. In response, the parties refused to compensate on the grounds that the water purifier pre-filter was free with a free gift.
After the Lingui District Consumer Association intervened, it was found that the "Instructions" of the water purifier clearly stated that it cannot be installed in a floor drain-free place. The salesperson and installer installed without inspection and did not fulfill their relevant prompt obligations. After mediation, the parties involved in compensated the consumer a total of 24,700 yuan and replaced the water purifier pre-filter; the losses of the consumers' households downstairs will be resolved separately by the parties.
07
bags weighed with water. A seafood store was fined 20,000 yuan
On August 29 last year, the former Beihai Municipal Bureau of Industry and Commerce received a complaint from consumers that the Baixianhui Seafood Store (hereinafter referred to as the party) at the Hongsha Seafood Market in Beihai City (hereinafter referred to as the party) purchased 1.6 kilograms of peel shrimp at a price of 64 yuan/kg, and a total of 102 yuan was spent. After returning to the hotel, the consumer suspected that the seafood was insufficient, so he called to complain.
After receiving the complaint, the former Beihai Municipal Bureau of Industry and Commerce immediately found the party with the consumer. The three parties present used a fair scale to weigh the actual weight of the pix shrimp purchased at 0.82 kg. After investigation, the party involved sold seafood to consumers at a price significantly lower than the purchase price (90 yuan/kg), and weighed it while the consumer did not pay attention to adding water to the plastic bag containing seafood to achieve its illegal profit.
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Law enforcement officers criticized and educated the parties, and the parties admitted their mistakes and refunded the consumer price difference on the spot and compensated 350 yuan. For the illegal acts of the parties, the law enforcement department will impose administrative penalties on the parties with orders to correct the violation, have no illegal gains, be fined 20,000 yuan, and have 5 days of suspension of business and rectification.
08
new car has sunrise problems the next day. If it is not repaired repeatedly, it will be returned.
On December 27, 2017, consumer Mr. Xie complained that he purchased a car at a price of 73,300 yuan at Fangchenggang Haihong Automobile Trading Co., Ltd. (hereinafter referred to as the party) on November 13, 2017. After the car drove out of the car business, consumers found that the vehicle was too vibrating, too loud noise, and clutch burning when it was in the sixth gear. The next day, the consumer drove the car back to the 4S store for treatment. After two repairs and replacement of parts, the fault was still not resolved. The consumer repeatedly requested a refund for the car and was rejected by the parties involved.
The former Fangchenggang quality supervision department immediately organized mediation after receiving the complaint and asked the car manufacturer's technician to inspect the vehicle on site to confirm that the above phenomenon reported by consumers was present. On January 12, 2018, the two parties reached a mediation agreement, and the parties fully refunded the consumer's purchase price of 73,300 yuan, and compensated the car purchase tax, compulsory traffic insurance, etc. for a total of 6,574.29 yuan.
09
Decoration contract hides traps, additional price increases lead to disputes
On July 9 last year, Mr. Feng, a consumer of Hezhou , complained that Guangxi Meilun Decoration Engineering Co., Ltd. (hereinafter referred to as the parties) publicly promoted the words "full decoration delivery, moving in with your bag" and "The whole city selects 11 '0-profit model houses' to enjoy 11 major decoration special offers", which misleads it, and signed a decoration contract with the parties to pay 30% of the decoration fee of 47,000 yuan.
In the subsequent negotiations, the parties proposed that the ground leveling fee and the backfilling of the bathroom ceramics required the consumer to bear separately, and had a dispute with Mr. Feng. Mr. Feng requested to terminate the contract and refund, but the parties refused to refund on the grounds that 47,000 yuan was a deposit.
The former Hezhou Municipal Bureau of Industry and Commerce found that the parties did not provide the project budget, material list, etc. to consumers, resulting in dispute between the two parties on specific decoration matters. The conditions for establishing a contract between the two parties must be that the contract and the attachment are at the same time, but because the parties cannot provide the contract attachment, the contract cannot be established accordingly, and the 47,000 yuan paid by the consumer should not be considered a deposit. After mediation, the parties will fully refund the money.
10
random lottery draws are tricky, luring consumers to shop
In May last year, the original Hechi City Industrial and Commercial Bureau Yizhou Branch received complaints from consumers Wang and Wei that after participating in the lottery for Haimi Farlan Jewelry Store (hereinafter referred to as the parties) in Yizhou District, Hechi City, they received a coupon of 1,000 yuan, and purchasing any jewelry in the store can offset 1,000 yuan. After that, the two purchased bracelets and jade pendants, and the actual payments were RMB 300 and RMB 400 respectively. After the two returned, they believed that the merchant had induce consumption and asked for a refund. After
received the complaint, law enforcement officers inspected the party's store on May 7 last year and found that the party's lottery tickets were "a gift" and "a voucher of 1,000 yuan". The lottery ticket was not randomly drawn, but was selectively placed by the clerk to consumers, and it was not accidental of winning. The parties involved in the "scratch winning" method to lure consumers to purchase goods, and their behavior constitutes false "price sales", which violates the relevant provisions of the "Consumer Rights Protection Law". After mediation, the parties involved in refunded the payment to the consumer and compensated the consumer at twice the amount of the payment. Subsequently, the Yizhou Branch of the former Hechi Municipal Bureau of Industry and Commerce imposed an administrative penalty of 20,000 yuan on the parties in accordance with the law. Have you encountered these typical cases above
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