Black horse fitness Changning shop refused to press

Providing services to trigger group complaints

Brief introduction of the case

In 2016, the municipal Consumer Protection Commission received more than 60 complaints about black horse fitness Changning store (Shanghai New Austrian sports fitness development Co., Ltd.), many of which reported that the company sold gym cards as a selling point for swimming pools. However, the black horse fitness Changning store has not yet provided the swimming pool by the open swimming pool. Consumers are demanding that the card be rejected. Between August and October, the municipal consumer protection committee and the Changning District Consumer Protection Committee interviewed the black horse fitness Changning store, demanding that the company perform its performance in good faith or refund the related service fees in a timely manner. But the company shirk and threaten consumers to settle their own lawsuit. In November 16th, the municipal consumer protection commission supported consumers to bring class action to the people's Court of Changning District. Through litigation, black horse fitness Changning shop returned the consumer related costs, and the legitimate rights and interests of consumers were effectively maintained.

Comments on the Consumer Protection Committee

According to the court's trial, first of all, whether the contract is signed by both parties or the shop signs used by black steed, they all put swimming in the first place. According to the advertising leaflet, the black horse has promoted the swimming service projects in a prominent position. The publicity of the swimming events has gone far beyond the publicity of other projects.Therefore, consumers claim that it is reasonable to consider that a black horse can provide a swimming service before concluding a contract, so swimming can be regarded as the main obligation of services between the two sides. Secondly, swimming is a high risk sport. According to the regulations of the State Council on fitness for all, it is necessary to apply for administrative permission to the sports department of the local people's government at or above the county level. However, the black horse has not yet obtained relevant administrative license documents so that it can not provide the swimming service to the consumers. In this regard, black steed should be aware of it and clearly be guilty. Finally, at the August 12th meeting, the black horse made a clear commitment to provide swimming Service by about September 15th, and if it failed to provide a full refund, the black horse would be offered a full refund. However, the black horse still failed to fulfill its obligation to swim after the expiration of the term.According to the law, if a party delays the performance of the principal debts and fails to fulfill them within a reasonable period of time after being urged, the parties concerned may terminate the contract. Therefore, consumers' claim for dissolution of contract is based on fact and law. Termination of performance after the termination of contract. The black horse should refund the membership fees paid by consumers. According to the provisions of the law of the People's Republic of China on the protection of consumers' rights and interests, operators who provide services in the form of pre payment shall fail to comply with the requirements provided by the contract.

Two

Shun pin mobile mall set up consumption

Rebate trap triggering group complaints

Brief introduction of the case

In August 2016, the municipal Consumer Protection Commission received more than 10 complaints from WeChat consumers on the WeChat shop Shun Shun mobile Mall (Shanghai Shun pin Agel Ecommerce Ltd). Consumers reflect that Shun Shun mobile mall claims that "how much to buy back", consumers are convinced that after the recharge of consumption, after that, they can not normal consumption and cash back. The recharge amount of more than 10 consumers ranged from 3000 yuan to 330 thousand yuan, with a total value of more than 109 yuan. Ms. Wang began to recharge consumption in February when she was tempted by the "free consumption" publicity campaign at Shun pin mobile mall. Due to the smooth return and cash withdrawal of several purchases, Ms. Wang recharged the frequency and the amount gradually increased. Since April, the commodities of Shun pin mobile mall have been out of stock and lagged behind. The company's explanation to consumers is that the flow of funds is not smooth, and it is promised that consumers can continue to recharge their consumption. In May, Shun pin mobile mall announced the upgrade unilaterally, allowing consumers to repurchase shopping in another new mall, but the amount of recharge in all Shun mobile mall accounts can not be used. Shopping restrictions in new mall are becoming more and more stringent, and finally stop service in August. At this point, Ms. Wang's account has accumulated up to 28 yuan, and can not cash and refund, the company phone has never answered. After receiving complaints, the consumer protection committee is unable to contact the company in many ways. After that, law enforcement agencies intervened in the investigation.

Comments on the Consumer Protection Committee

In this case, the business model of Shun pin mobile mall's full return is contrary to the market principle of equal pay and fair trade.At the same time, the company's failure to comply with its commitments is a discredit to consumers. In recent years, a few illegal businesses have set up consumer traps with various network platforms, such as "free gift", "high rebate" and "full cash back". In this regard, the city Consumer Protection Committee reminded consumers that there was no free lunch in the world. Consumers should be vigilant and avoid losses.

Three

"On the road" platform suddenly stopped

Trigger group complaints

Brief introduction of the case

In June 2016, the municipal Consumer Protection Commission received 87 complaints from Tao Wei Road (Shanghai sparrow Information Technology Co., Ltd.). Consumers were ordered to make hotel reservations, tickets and air tickets on the road platform after the three party's travel products. On the road platform, consumers promise to refund the relevant payments in 1 to 3 working days. However, the platform not only failed to fulfill its commitments on schedule, but also suddenly stopped the "lost link". After failing to contact the channel through multiple channels, the Consumer Protection Committee transferred the illegal clues to relevant departments.

Comments on the Consumer Protection Committee

As an online tourism platform for providing third party services, Tao should fulfill its promise in good faith. After receiving the related service fees such as accommodation, air tickets, travel and so on, the platform on the road should be faithfully paid to the third party in accordance with the agreement with the consumers. In 2016, the online travel service platform "closed the road" incident occurred frequently, resulting in a large number of consumers can not enjoy the service, and can not get a refund. These platforms intercept and divert consumers' funds to maintain their own business, which seriously violates the principle of good faith.

Four

Internet company can stop at will.

Game account triggering group complaints

Brief introduction of the case

In 2016, the municipal Consumer Protection Committee received 2403 complaints from the Internet company (Shanghai Internet Technology Development Co., Ltd.). Among them, nearly 1900 complaints were involved in the company's arbitrary blocking of game accounts. Consumers reflected that in November 11th, the Internet company suddenly issued a "punishment notice" on the official website. It announced that the 120 thousand accounts used "brother plug-in" had been severely attacked, and the penalties for freezing the accounts, confiscating game equipment and recharging points were taken. A large number of consumers said that the company did not inform in advance, asking for the cancellation of the account number, and was refused by the company. In this regard, the municipal consumer protection committee repeatedly interviewed the company, but insisted on its original practice and refused to make rectification in place. At the same time, a unified fuzzy response is made for consumers' complaints, such as "explaining the violation of accounts to third party procedures, and answering other questions accordingly". The city's Consumer Protection Committee has reflected the relevant situation of the Internet company.

Comments on the Consumer Protection Committee

The company has blocked the online game accounts on a large scale, and has taken the stop action before releasing the announcement of the closing up, and has not issued a stop and stop basis to the consumers. It has violated the twenty-fourth "Interim Measures for the management of online games". The article "the online game operators shall stop providing services to the users of the online games according to the laws and regulations or the service agreement, shall stipulate the reasons for the users' notice in advance, and twenty-sixth regulations concerning the burden of proof to the users of the online game business according to the law. At the same time, the company has always been vague in response to consumer demands. It violates the twentieth paragraph and second paragraph of the consumer protection law of the People's Republic of China. "Operators should ask consumers for questions about the quality and usage of goods or services provided by them," which should be regarded as a true and definite reply, which seriously infringes upon the legitimate rights and interests of consumers.

Fairness, transparency and responsibility identification of online game rules are the fundamental guarantee for consumers' rights and interests. At present, the online game service enterprises, with the help of the "user agreement", are exempt from any responsibility, unauthorized closure of game accounts and arbitrary confiscation of virtual property. The online game industry urgently needs to strengthen self-discipline norms and promote the healthy development of cultural consumption.

Five

"Rice to money" network suspended operation

Trigger group complaints

Brief introduction of the case

In 2016, the municipal Consumer Protection Commission received 205 complaints about the "rice to riches" network (Shanghai world granary Rice Industry Co., Ltd.). Consumers have been concentrating that since the end of 2015, the handheld "Mi to Cai Lai" card can not normally order products such as rice, grains and cereals through the "rice to the money" network, and the website does not have regular orders, such as the wrong order, large area, no delivery, and so on. The company explained that funds were insufficient to meet the ordering needs of large numbers of consumers. For this reason, the municipal consumer protection committee and the Pudong New Area Consumer Protection Committee interviewed the company before and after the request, which required the company to operate in good faith and provide products according to the agreement to protect the legitimate rights and interests of consumers. At present, the company has promised the consumer protection committee to raise funds for rice source as soon as possible, and will resume paying Mika in May 2017.

Comments on the Consumer Protection Committee

According to the fifty-third provision of the law of the People's Republic of China on the protection of consumers' rights and interests, "operators shall provide goods or services in the form of pre payment, which shall be provided in accordance with the agreement." If the contract is not provided in accordance with the contract, it shall fulfill the agreement or refund the prepayment according to the requirements of the consumer. The company is unable to provide the product according to the agreement, that is, the consumer's advance payment should be returned in time. The company's suspension of website and customer service is irresponsible to consumers.

As a new means of payment and business mode, prepaid cards have been developing rapidly in recent years, while facilitating consumption and promoting the development of enterprises, consumer disputes have also become increasingly prominent. It has become a major problem that infringes consumers' legitimate rights and interests by not providing goods or services in accordance with the agreement, changing or relocation of stores, or refusing to return cards, or charging high fees and mismanagement. In this regard, the Consumer Protection Committee reminds consumers that they should buy and consume in a timely manner on demand.

Six

Mai Mai travel suddenly shut down

Trigger group complaints

Brief introduction of the case

In May 2016, the city Consumer Protection Commission received more than 30 complaints from McDull travel (Beijing Yue Guo International Travel Service Co., Ltd. Shanghai branch). The problems reflected by consumers include the temporary cancellation of the booking of tourist products, the delay in the early payment of travel money, the failure of the visa to be processed on time, no refund, and no passport being retrieved. The on-site inspection of the consumer protection committee found that the original site of the company was locked and no one was in office. At the same time, it is understood that McDull network due to the reasons for the chain of funds to suspend business, involving about 3000 tourism products, involving an amount of about 10000000. The Consumer Protection Committee promptly informed the competent authorities that the competent authorities had been involved in the investigation and disposal.

Comments on the Consumer Protection Committee

If an operator stops providing goods or services for his own reasons, he shall take into account the interests of the consumers, and inform the consumers in advance of the reasons for ceasing the provision of goods or services. We should also make proper arrangements for the inconvenience to consumers' lives. This is the embodiment of the principle of good faith management and social responsibility. McDull's travel stopped suddenly, which not only caused consumers' economic losses, but also made it difficult for consumers to retrieve important documents, which violated the twenty-eighth paragraph 1 of the article 1 of the regulations on the protection of consumers' rights and interests in Shanghai, "the operators should inform consumers in advance and make proper arrangements" because of the operators' own reasons to stop providing goods or services.

Seven

Hi maintenance misleads consumers to buy

Extended warranty service and refusing to perform the contract responsibility

Brief introduction of the case

In 2016, the municipal Consumer Protection Commission received 35 complaints from Hi maintenance (Shanghai Ying Meng Network Technology Co., Ltd.), which reflected that the company was not in place and was not responsible for the extension of its products. The investigation by the municipal consumer protection committee found that there are two major problems in the company. First, the ordinary extended warranty service product is packaged into PICC's broken screen risk; the two is that it fails to fulfill the obligation of free replacement of the broken screen to the consumer in accordance with the contract. In view of the above situation, the municipal consumer protection committee openly interviewed Hi maintenance in February 21, 2017. After that, Hi maintenance company realized its own wrong behavior, made a public apology in February 23rd, and made the following commitments: first, it voluntarily contacted consumers to refund the relevant extension insurance service fees; the two is to give consumers 200 yuan in cash compensation to buy the extended warranty service; three, consumers can continue to enjoy the unexpired extended warranty service free of charge.

Comments on the Consumer Protection Committee

Network integrity is very important. Because Internet consumption is mostly trans regional and the main relationship is complex, consumers often fail to understand the real situation and are easily misled by the operators. Moreover, operators will take advantage of the virtual shirk responsibility of the network so that consumers can not start to safeguard their rights.

Eight

"Shanghai Bo Han Tong Chinese medicine" Settings

Marketing trap for health products

Brief introduction of the case

Mr. Liang complained that a company claiming to be "Shanghai Bohan Tong Chinese medicine" opened a store in its street, and often organized more than 50 elderly consumers to hold free lectures on health and fitness classes. In June, consumers took part in the Yixing tourism organized by the company. In the course of tourism, the company's salesmen repeatedly promoted a "Shen Ling grass" health care product, and promised that if the product had no effect on the health of consumers, it could make a full return to the manufacturer. Consumers spent more than five thousand yuan to buy a course of health care products. When asked for the relevant invoice, the salesman refused to take the reason of the need of the head office. The salesman issued only a written receipt.After more than one month of consumption, the consumer found that the body was discomfort. After investigation, consumers have a high level of bilirubin, so they try to contact the salesmen of the company to ask questions and negotiate return items.However, the salesperson's contact mode is always unconnected, and the company's storefront has also been relocated. After failing to contact the company through various channels, the Consumer Protection Committee has reported the relevant situation to the relevant departments.

Comments on the Consumer Protection Committee

At present, illegal health care products operators are selling health care products under the banner of "public welfare" under the name of expert consultation, physical examination and free travel. They beat the so-called "family card" to cheat the trust of the elderly consumers. At the same time, these illegal health care products operators also use virtual high prices, virtual compilation efficacy, exaggerated brand and other tricks, seriously infringe on the legitimate rights and interests of elderly consumers.

Nine

Medium view Binde company not true disclosure

Used car mileage information

Brief introduction of the case

Mr. Cao complained that in May 8, 2016, he signed a contract for the sale of second-hand motor vehicles with the Zhongjing Binde company (Shanghai Zhongjing Binde Automobile Sales Co., Ltd.), which agreed to sell a second-hand car to the company in the middle view. The apparent mileage of the vehicle is 27 thousand km, worth 482 thousand yuan. In June 11, 2016, Mr. Cao found that the kilometer number of vehicles purchased was not 27 thousand km from the medium range Binde company, but 27 thousand miles (44 thousand km). Zhongjing Binde company did not check the mileage and units of the vehicles sold, and misled consumers to buy vehicles. After many mediation fails, the Consumer Protection Committee supports consumers to sue in court.

Comments on the Consumer Protection Committee

Consumers have the right to know in accordance with the law. There is a big difference between second-hand car sales and new car sales, especially vehicle mileage is an important factor affecting consumers' choice and judgement. As a professional seller of used cars, Zhongjing Binde company should uphold the principle of honesty, professionalism and conscientiousness, and take necessary technical means to verify the information of vehicles, and inform consumers comprehensively and truthfully. Otherwise, consumers should be held liable according to law.

Ten

Set up education and training company

Failure to refund money in time

Brief introduction of the case

Mr. Qian complained that he spent 11200 yuan in May 29, 2016 to enroll children in the mathematics tutorship class of Shanghai education and training Co., Ltd., which has 40 classes and 1 hours per class. The agreement states that "each student has a learning consultant to follow the whole course", "communicate with parents at any time and report on the learning situation of students" and so on. But in the actual teaching process, Mr. Qian found that the company did not provide the above services according to the contract. Then he asked the company to cancel the contract on the basis of the stipulation that "if the student is not satisfied, he may withdraw from the study at any time, deduct the cost of the actual tutoring hours, and refund the remaining fees to the parents". Although the company agreed to terminate the contract, it will be delayed until June 20, 2017 to refund the tuition fee of 9800 yuan. After the Consumer Protection Committee asked the company to fulfill its refund obligations in time, the excellent education and training company promised to refund in December 10, 2016. However, the company failed to refund the consumer's money after the expiration of the term. Under the further supervision of the consumer protection committee, the excellent treasure training and training company finally returned the consumer money in January 18, 2017.

Comments on the Consumer Protection Committee

At present, the breach of education and training institutions in the market is concentrated on unauthorized transformation of teachers, changing courses, changing teaching places, and so on, which makes it difficult to effectively guarantee children's teaching quality. After consultation with consumers, the education and training institutions also set up refund barriers, not timely refund of consumers' money and infringement on consumers' legitimate rights and interests.

(source: Shanghai Consumer Protection Committee)