In the context of the wirtschaftsprüfer's complaints platform, " lawyers to help " , senior lawyers are invited to break down consumer problems and use professional legal knowledge to help consumers to consume science and defend their rights。
Recently, a consumer filed a complaint with the zonghui wirtschaftsprüfer platform that he had been subjected to arbitrary fees and uncoded prices when repairing his home electricity through an online maintenance platform, for which the journalist interviewed the attorney-in-law of shandonghoud (zinan) to see what the lawyer said。
Case of a woodpecker platform
Mr. Shandong zinan liu repaired his computer through an online maintenance platform, but during the course of the repairs, the maintenance staff recommended that he replace his computer hard drive with an oral quote “more than 200”, after which he requested $390 and a final fee of $350 after a discount. Consumers consider the fees to be random and uncoded, requiring the platform to refund the excess charges。
Detailed fees for the online maintenance platform (provided by mr. Yang guangzhou, consumer liu)
Counsel's interpretation
Zhang jie, lawyer at shandonghoud (zinan) law firm:
The consumer, mr. Liu, and the online maintenance platform were not consulted and could file a complaint with the market regulator or a non-cooperative authority for an investigation into the price violation of the platform; civil proceedings could also be instituted in the courts to claim restitution of costs and compensation。
In accordance with the relevant provisions of articles 8 and 20 of the law of the people's republic of china on the protection of consumer rights and interests, consumers have the right to know the true state of their acceptance of the service and the services provided by the operator should be priced clearly. Mr. Liu's right to know was violated by the vague oral quotation “200 multiples”, which ended with a request for a fee of $390 that did not match the offer。
Under the relevant legal provisions, such as article 38 of the law of the people's republic of china on electronic commerce and article 44 of the law of the people's republic of china on the protection of consumer rights and interests, the operator of an electronic commerce platform who knows or should have known that the services provided by the operator of the platform do not meet the requirements for safeguarding the safety of persons, property or other acts that infringe upon the legitimate rights and interests of consumers, shall, in accordance with the law, bear joint and several liability with the operator of the platform. If the online maintenance platform condones the maintenance of roads and fails to take the necessary measures to guarantee consumers ' right to know, it is jointly and severally liable。
Under the law of the people's republic of china on the protection of consumers ' rights and interests, in the event of fraud on the part of the platform, compensation for the loss suffered by the consumer shall be increased at the request of the consumer by three times the cost of receiving the service. Mr. Liu is therefore entitled to claim reimbursement of the excess costs and compensation for reasonable losses from the online maintenance platform. If fraud does occur in the maintenance process, mr. Liu can also base his claim on three times the platform's cost。
It is also important to note that it is proposed that the online maintenance platform be revamped to make maintenance staff priced and that the client's written confirmation records be kept to ensure that the interests of the parties are not compromised。
As of the time of the release, compensation agreements had been reached between the consumer, mr. Liu, and the online maintenance platform。
