"Leather" Becomes Artificial Leather &Nbsp; No Business Is Prosecuted.

In December 24, 2010, Zhang saw a pair of leather shoes priced at 200 yuan in a shopping mall.

[court judgement]

The court held that in the case, Zhang asked the salesmen of the mall whether the salesmen were genuine leather. When the salesmen told him that they were genuine leather, Zhang bought the shoes. Therefore, the fraudulent behavior of the salesman made Zhang erroneous meaning. Therefore, Zhang asked for a refund and compensation fees, and an additional compensation of 200 yuan, which has legal basis and the court should support it.

The final judgment was that the store compensated the consumer appraisal fee, returned the money back, and compensated the consumer for 200 yuan.

[lawyer]

This case is a case of consumer rights protection.

The focus of the controversy is whether the behavior of the shopping mall constitutes fraud.

The author believes that according to the relevant laws, the behavior of the shopping malls constitutes fraud, and the court should support consumers' request for compensation in the market.

First, the definition of fraud.

The Supreme People's court's sixty-eighth opinions on implementing several issues concerning the general principles of civil law of the people's Republic of China (Trial Implementation): "one party may deliberately inform the other party of false circumstances, or intentionally concealment the real situation, and induce the other party to make a statement of false intent, which may be regarded as a fraud."

In this case, Zhang bought leather shoes made of artificial leather as raw materials, while the salesmen in the mall told them that the leather shoes were made of genuine leather.

It can be determined that the mall intentionally conceals the real situation, induces Zhang to make a wrong intention and makes a purchase decision based on such wrong knowledge, which violates the legitimate rights and interests of consumers.

Secondly, the forty-ninth law of the consumer rights protection law of the People's Republic of China: "if an operator provides goods or services with fraud, he should increase the amount of compensation for the loss according to the requirements of consumers, and increase the amount of compensation for the price of consumers' purchase of goods or double the cost of receiving services", which has doubled the compensation and effectively protected the legitimate rights and interests of consumers.

In this case, Zhang's purchase of leather shoes is undoubtedly a consumer behavior. The behavior of salesmen in the mall is a behavior of cheating consumers.

According to the above law, shopping malls should return 200 yuan of shoes purchased by Zhang, and increase the amount of compensation for the purchase of shoes by Zhang Yuan, that is, 200 yuan.

Finally, Zhang identified that the appraisal fees for commodity expenses should be paid by the operator.

According to the forty-sixth provision of the regulations on the protection of consumers' rights and interests in Tianjin, "consumers and operators have disputes over the quality of goods or services."

The two parties may agree to entrust or accept special organs designated by the receiving organs or organizations for testing and identification.

If the quality of goods or services is not up to the standards or agreed upon, the cost shall be borne by the operator. If the standards or conventions are met, the expenses shall be borne by the consumers. "

The case is not in conformity with the agreement between the two parties, so the cost of authentication shall be paid by the operator.

To sum up, the shopping center should pay the appraisal fee, return the money back and compensate the consumers for 200 yuan.

I remind the majority of the operators, if only pay attention to the pursuit of their own income, the interests of consumers are ignored, and eventually the results in this case.

At the same time, as consumers, they should learn to protect their rights in accordance with the law. When such incidents happen, they should report to the relevant authorities in a timely manner. If necessary, use legal weapons to safeguard their legitimate rights and interests.

[French bar links]

Law of the People's Republic of China on the protection of consumers' rights and interests

If forty-ninth operators provide goods or services with fraudulent acts, they shall increase the compensation for their losses according to the requirements of consumers, and increase the amount of compensation to double the cost of goods purchased by consumers or the cost of receiving services.

Opinions of the Supreme People's Court on Several Issues concerning the implementation of the general principles of civil law of the people's Republic of China (for Trial Implementation)

The sixty-eighth party may be identified as a fraud by deliberately telling the other party the false situation or intentionally concealing the true situation and inducing the other party to make a wrong statement.