I spent 13,200 yuan to buy 5 bottles of Maotai liquor from a commercial store, but found out that they were fakes. Can I get support if I ask for leave and compensate 10% for each one? I bought a second-hand air conditioner on a second-hand trading network platform and found out after receiving the goods. The goods are not right and the seller refuses to return the goods. What should the buyer do? Today is March 15th Consumer Rights Protection Day. The Dongguan Third People’s Court (hereinafter referred to as the Dongguan Third Court) issued two typical cases to explain the law. , telling consumers how to better protect their rights and interests when they are infringed. Case 1: The 5 bottles of wine purchased were all counterfeit. On May 7, 2020, Mr. Han purchased 5 bottles of Moutai at a liquor store in Dongkeng Town. The unit price was 2,640 yuan, totaling 13,200 yuan. After purchasing, Mr. Han asked professionals to determine the authenticity and was told that the five bottles of wine were fake Maotai. The next day, he sued the liquor store to the Dongguan Third Court, demanding that the store and its operator Zhang return the 13,200 yuan payment and pay 10 times the price in compensation. During the trial, the defendant's business owner said that the Moutai he sold to Mr. Han was purchased from a private person, and he could identify it by himself based on the various marks on the outer packaging. During the trial of the case, upon application by Mr. Han, the Dongguan Third Court conducted an investigation into the authenticity of the Maotai liquor involved in the case. After Kweichow Moutai Co., Ltd. sent personnel to the court for appraisal, it was found that the five bottles of Moutai involved in the case did not match the outer packaging characteristics of the company's products. They were not produced by the company and were products with counterfeit registered trademarks. The Dongguan Third Court held that according to the provisions of the Food Safety Law, if an operator sells food that knowingly does not meet food safety standards, in addition to claiming compensation for losses, consumers can also demand compensation from the producer or operator 10 times the price. . In this case, the defendant firm did not purchase goods through formal channels, and when purchasing from private parties, it only identified them by the marks on the outer packaging, which clearly violated the law that when purchasing food, one should check the supplier's license, food factory inspection certificate or Other certificates of conformity, establishing a food purchase inspection record system and other relevant regulations are considered to be selling food knowing that the product does not meet safety standards. Therefore, the court ruled in the first instance that the commercial bank and its operators should refund the purchase price of 13,200 yuan to Mr. Han and pay 10 times the price as compensation of 132,000 yuan. Case 2: The refund application was rejected because the goods were not on board. On August 7, 2020, Mr. Wei saw Wang selling a second-hand air conditioner on the second-hand trading network platform, and called it a "big brand inverter air conditioner, complete set, hot and cold air 1.5" P, special price for moving, new ones”. Mr. Wei paid 1,200 yuan to buy the air conditioner. After receiving the goods that night, Mr. Wei carefully checked the relevant parameters of the indoor and outdoor units of the air conditioner and found that the product title description on the platform did not match the physical parameters. He immediately contacted the seller Wang to request a return or refund, but was rejected. After the negotiation failed, Mr. Wei applied to Wang and the second-hand trading network platform for after-sales service and customer service intervention, but his requests were rejected and the payment had already been made to Wang. Mr. Wei believed that the product title description of the goods sold by Wang on the second-hand trading network platform was seriously inconsistent with the physical parameters, constituting false publicity and consumer fraud, so he took Wang to court and demanded that he be responsible for returns and refunds and pay three times the price. compensation. After the Dongguan Third Court accepted the case, with Mr. Wei’s consent, the case entered the pre-litigation mediation process. After mediation by a specially invited mediator, the two parties reached a settlement agreement. Wang agreed to return and refund the products involved in the case and bear the return shipping costs. The judge said that consumers can seek technical support from professional institutions when encountering product quality problems. In disputes involving consumer rights, we often see that when it comes to judging the operator's liability for compensation, some are 3 times the compensation, and some are 10 times the compensation, which seem to be the same. Why are the claims results different in disputes? Dongguan Third Court Judge Li Shuhua said that requiring operators to bear punitive damages includes the "Consumer Rights and Interests Protection Law of the People's Republic of China" and the "People's Republic of China Food and Drug Administration". Security Law" two laws. Specifically, the Consumer Law applies to all consumer rights disputes. The "Food Safety Law" only applies to consumer rights disputes related to food safety, and will be used first when disputes arise about food-related issues.

In addition, Article 55 of the "Consumer Rights and Interests Protection Law of the People's Republic of China" stipulates that if an operator engages in fraudulent behavior in providing goods or services, it shall increase compensation for the losses suffered by consumers according to their requirements. The amount of increased compensation shall be If the price of the goods purchased by the consumer or the cost of receiving the service is three times, the additional compensation shall be 500 yuan if the amount is less than 500 yuan. If the law provides otherwise, such provisions shall prevail. Article 148 of the "Food Safety Law of the People's Republic of China" stipulates that if food is produced that does not meet food safety standards or food is knowingly sold that does not meet food safety standards, in addition to claiming compensation for losses, consumers may also seek compensation from the producer. Or the operator requires compensation of 10 times the price or 3 times the loss; if the amount of increased compensation is less than 1,000 yuan, it shall be 1,000 yuan. However, this is excepted if there are defects in food labels and instructions that do not affect food safety and will not mislead consumers. When encountering product quality problems, you can also seek technical support from professional institutions, negotiate with merchants, and protect your rights and interests through judicial means when necessary. If consumers claim that an operator's business activities constitute fraud and require the operator to bear punitive damages, the operator can be required to bear three times the punitive damages in accordance with the provisions of the Consumer Law; if the food purchased by the consumer does not meet food safety standards, In accordance with the provisions of the Food Safety Law, food producers or sellers may be required to bear 10 times the punitive damages liability.