(Case 1) Consumer fraud case of Shanghai Didunara Bar In December last year, Shanghai Didunara Bar received two foreign tourists at its business premises on Jiujiang Road. During the consumption process of foreign tourists, the bar invited two ladies to accompany them and chat. *** ordered 6 glasses of Scotch whiskey, fruits and snacks. The checkout amount was 1,840 yuan. After negotiation, the actual payment was 1,100 yuan. Two foreign tourists felt there was fraud and reported it to the relevant departments. After investigation, it was found that the party involved hired others to induce consumption during the business and at the same time provided domestic brandy as Scotch whiskey to consumers. The circumstances were serious. The above-mentioned behavior of the parties violated the "Measures for Punishing Consumer Fraud". In accordance with the provisions of the "Consumer Rights and Interests Protection Law", the industrial and commercial department will impose administrative penalties on the parties by revoking their business licenses. Reminder: Recently, some phenomena of soliciting customers on the road such as beauty experience and free monitoring have occurred from time to time. Consumers should not be easily fooled by solicitors on the road. Once their rights and interests are damaged, please report it to the public security and industrial and commercial departments in a timely manner. (Case 2) In the case of online sales of counterfeit trademarked clothing, the Putuo Branch of Industry and Commerce received a report from the "Clear Water Bay Neighborhood Committee Red Shield Rights Protection Contact Point" and seized a large amount of suspected counterfeit Armani and Gucci stored by Shan in a household at Lane 1555, Kaixuan North Road. (GUCCI), Bosch (BOSS) and other famous brand clothing. After investigation, the person involved started selling clothing in April 2005, purchased counterfeit clothing with 16 trademarks from Xiangyang Road and other clothing markets, and opened an online store called "Shanghai Everything" on eBay and Taobao. External sales. The industrial and commercial department ordered it to stop illegal operations in accordance with the law, confiscated and destroyed 3,772 infringing products, and fined it 232,240 yuan. Reminder: The "Consumer Rights Protection Contact Point" is the "protector" at the doorstep of ordinary people and the "supervisory post" in the community. When consumers have disputes with operators during the process of purchasing goods or receiving services, or discover that there is something wrong in the community. Illegal business activities can be reported directly to the contact point. (Case 3) Case of Distributing Substandard Wires and Cables Shanghai Saifeifan Trading Co., Ltd. purchased a total of 473,000 meters of wires and cables from Wuxi Pucao Cable Co., Ltd. in April last year and stored them in Jiuxing Market and Zhongjiang Road in Minhang District The crime occurred while preparing for sale in the warehouse. After sampling inspection, 265,000 meters of wires of 23 specifications and 19,300 meters of cables of 22 specifications were found to be substandard products, worth RMB 319,200. The parties involved passed off substandard cables as good ones, and the industrial and commercial department imposed an administrative penalty of confiscating unqualified cables and imposing a fine of 160,000 yuan. Reminder: Counterfeiting, cutting corners, and shoddy products often occur in the wire and cable industry, leaving hidden dangers to consumer safety. Consumers must choose regular building materials stores when purchasing cable products. If any abnormalities are found during use, please ask an authoritative agency for testing in a timely manner. (Case 4) The case of food distribution without inspection reports: Bangbang Changjiang Non-staple Food Distribution Service Co., Ltd. purchased 113 boxes of tripe and 44 boxes of beef tendon from the epidemic area from the Guangdong market at low prices from August to November last year. boxes, totaling 3.1 tons, were seized when they were intended for sale during New Year's Day and Spring Festival. After investigation, the parties concerned failed to provide the inspection report issued by the statutory inspection agency and a copy of the inspection report signed or stamped by the supplier. The industrial and commercial department confiscated the goods in accordance with the law and imposed a fine of 81,390 yuan. Reminder: In July last year, the State Council promulgated the "Special Provisions on Strengthening the Safety Supervision and Management of Food and Other Products". Operators should strictly inspect and accept food purchases and strictly implement the certificate and invoice and purchase ledger systems. For foods that cannot provide inspection reports, the industrial and commercial departments will strictly investigate and deal with them. (Case Five) Case of Selling Inferior Corn Seeds In April last year, the Chongming Branch of Industry and Commerce received a complaint from a farmer, stating that the corn seeds he purchased at Nongdeli Samsung Store had a low germination rate and serious rotten seeds. After investigation, Nongdeli Sanxing Store purchased ***240 kilograms of "Luxing" brand "Yedan 23" hybrid corn seeds produced by Lufeng Seed Industry Company in Laizhou City, Shandong Province in October 2005, and all of them have been sold to locals. farmers. The germination rate of this batch of corn seeds was 61%, which was lower than the national standard of 85% and was classified as inferior seeds. This batch of seeds caused damage to 142 households in 27 administrative villages and more than 200 acres of land. The industrial and commercial administration imposed an administrative penalty of RMB 25,000 in accordance with the law. Reminder: Seeds are different from other commodities, and quality problems will only be reflected after the seeds have germinated. Here, seed dealers are warned to earnestly fulfill their product quality responsibilities, otherwise the gains outweigh the losses.
(Case 6) Case of selling counterfeit trademark auto parts. Shanghai Nengyu Trading Co., Ltd. purchased a batch of 16 varieties of gasoline pumps, Poussin water pump assemblies, etc., knowing that they were counterfeit "Santana" trademarks from the market, totaling 3,800 Santana auto parts. and external sales. As of the incident, the parties involved had sold 1,306 auto parts, with a sales amount of 6,144 yuan, and a total merchandise value of 499,293 yuan. The industrial and commercial department confiscated all counterfeit auto parts and imposed an administrative penalty of 80,000 yuan in accordance with the law. Reminder: As more and more cars enter ordinary households, some manufacturers mass-produce auto parts for mature models; these parts are often cheaper than genuine products, and consumers are happy to buy them. This greedy mentality not only creates safety hazards, but also contributes to the proliferation of counterfeit auto parts. For this reason, consumers are urged to purchase accessories through formal channels so that they can buy and use them with confidence. (Case 7) Real estate agency contract fraud case Shanghai Dezhong Real Estate Brokerage Office was entrusted by Li to list a house for sale in a petrochemical area. In March 2007, the intermediary company rented Li's house to Chen for living without informing Li, and signed a rental agreement with Chen using Li's name and forging Li's signature. *** He defrauded the house rent of 1,500 yuan and the agency fee of 175 yuan, and kept it as his own. This behavior constituted contract fraud, and the industrial and commercial department ordered the party to return the rent to Li and imposed a fine of 10,000 yuan. Reminder: When consumers have an entrustment or sales relationship with an operator, remember to sign a written contract or ask for an invoice; when entrusting others to act as agents for the sale or lease of houses, they must communicate with the agent in a timely manner and check the condition of the house regularly. (Case 8) Case of door-to-door sales of medical equipment to defraud consumers Shanghai Enjoy Village Medical Equipment Co., Ltd. uses door-to-door sales to sell “Human Microcirculation Treatment Instrument”. The company promises to use the product for free for one year, and charges a deposit of 350 yuan for each unit. After one year, staff will come to collect the treatment device and refund the deposit. In fact, when consumers asked for the return of the therapeutic device and a refund of the deposit, the company used various excuses to obstruct it and refused to refund the money. When the industrial and commercial department intervened in the investigation, the person involved took the money and ran away. In order to prevent the situation from further escalating, the industrial and commercial department revoked the business license of the party concerned. Reminder: Door-to-door sales have gradually become a new consumer format. Consumers, especially elderly consumers, must verify the ID card of the salesperson when receiving such services, carefully read the product description, and understand the function, characteristics, model, price, after-sales service and business address of the product. According to regulations, consumers can return goods sold door-to-door within 7 days from the date of purchase without giving a reason. The Municipal Consumer Protection Commission announced 10 typical cases of infringement of consumer rights: Real estate agency case Aosheng Real Estate Brokerage Firm refused to return the intention. Mr. Jin Yang was introduced by Shanghai Aosheng Real Estate Brokerage Firm in August last year and was interested in a property on Hongqiao Road in this city. For a second-hand house, a deposit of RMB 1,000 is required on the same day. After collecting the money, "Ausheng" only gave him a receipt. The signature in the "Financial Director" column of the receipt was the last name of the payee. After that, the transaction failed. Mr. Yang asked for a refund of the earnest money, but was refused. "Ausheng" refused to accept mediation. With the support of the Consumer Protection Commission, Mr. Yang sent a complaint to the court. After the judgment, the real estate agency should return the consumer's intention deposit and bear the case acceptance fee. Dianping intermediary companies have used their advantageous position to embezzle consumers’ “intention funds”, violating the relevant provisions of the Contract Law. False advertising case "Freezing Refrigeration (Shanghai) Air Conditioning Repair Company" deceives consumers. Ms. Xu and many other consumers reported that a company claiming to be "Freezing Refrigeration (Shanghai) Air Conditioning Repair Company" released information through the phone and the Internet, saying that it was a well-known The authorized maintenance department of brand air conditioners can provide door-to-door air conditioner repair services. This "freezing point company" charges high fees, but the maintenance level is not high. The air conditioner broke down again after being repaired. When I called for repair again, the other party made every possible excuse. After investigation, it was found that this company was not registered in this city and was also suspected of forging licenses, passing off as a special maintenance department of fake brand air conditioners, and providing false addresses. At present, relevant departments have taken measures such as temporarily closing the "company's" website, closing its business phone number and stopping related directory inquiry services. Dianping operators use false company names and publish false advertisements, which is an obvious act of defrauding consumers' rights and interests. "Humbling" works for a while, but it is not a long-term way to operate. Advertising Case: Samsung (China) Investment Co., Ltd.’s product advertising is irresponsible In July last year, Mr. Xu purchased a Samsung double-door refrigerator for 11,500 yuan.
This model of refrigerator is stated in the product catalog and Samsung's official Chinese website to have a "broadband variable temperature zone" function. When the refrigerator was delivered to his home, Mr. Xu discovered that this refrigerator did not have a "broadband variable temperature zone" function. Samsung received the report and came to confirm the situation. But when Mr. Xu pointed out that there would be a difference in price if the refrigerator had a "broadband variable temperature zone" function and asked for a refund of the extra price he paid, the company insisted that they had notified the promoters that this refrigerator did not have a "broadband variable temperature zone" "Function, as to whether the promoter talks about it, whether the product leaflet is confiscated, and the product description that Mr. Xu saw on the website indicates that this model of refrigerator has this function, etc., is beyond their control, so they categorically The consumer's request for a refund was denied. The introduction of product specific functions in review advertising is an important basis for consumers to compare and select products. As a well-known company, Samsung does not adjust the web page settings in a timely manner and does not withdraw and change the promotional leaflets when the physical functions of the products are inconsistent with the company's relevant website introductions and promotional leaflets. When consumers discover the above omissions, they will At the same time, it does not take an active role in remedial work. This move at least shows that the company has ignored the rights and interests of consumers. Online shopping and mail order case "Kaojang ***Ji.com" accepts money but does not provide books, and it is difficult to get refunds. On September 3 last year, Mr. Wang ordered books at the "KaoJan ***Ji.com" opened by Shanghai Saier Computer Technology Co., Ltd. , but still not received after a month. Mr. Rope asked for a refund, and the company agreed, but months later it still hasn’t refunded the money. At the same time, the Consumer Protection Commission *** received dozens of consumer complaints about this website, reflecting the same problems. The Consumer Protection Commission visited the site many times to investigate, but the person in charge of the website refused to respond, and the staff refused to cooperate if they could. Mr. Rope’s refund was not received until January 2008. Case: "Shanghai Renjia Mail Order 56 Departments" did not care about the sales of goods. Ms. Fan received the mail order catalog of "Shanghai Renjia Mail Order 56 Departments" in January 2007. In early February, she transferred 255 yuan to purchase 6 items. On February 14, she received several items with problems: the latest-generation upgraded sewing machine only had foreign language instructions that were difficult to understand; the double-layer clothes basket had wires that disconnected when it was opened; and a vacuum compression bag for storing quilts. Doesn't work. On February 16, she returned the product with questionable quality and requested to exchange it for other products in accordance with the promise in the mail-order catalog that "if you are not satisfied with the product within one month, you can return it by sending it back." However, the ministry stated that the outer packaging had been damaged and that replacement must be requested from the leadership. Ms. Fan waited for four months but still had no news. When she called again, the number was empty. Dianping online shopping, mail order and TV direct sales are time-saving and convenient, but also because of their "non-contact" characteristics, they provide some dishonest operators with opportunities to seek improper benefits, and have become a hot spot for consumer complaints. Prepaid consumption case: Aina Women’s Beauty Salon in Minhang disappeared. In June last year, Ms. Qu bought a beauty card for Aina Women’s Beauty Salon. After applying for the card, she only had one beauty treatment, and she had no time to go there again until mid-October. , when she wanted to go for nursing again, the beauty salon was already guarded by the "Iron General". Ms. Qu quickly called the store owner’s mobile phone, but no one answered. After the Consumer Protection Commission accepted the complaint, it contacted the person in charge of the store through multiple channels, but was unable to find him. Case: Nanhui Branch of Xinyan Hair and Beauty Co., Ltd. did not keep its promise. Ms. Zhou signed a "Golden Age Beauty Agreement" with Nanhui Branch of Shanghai Xinyan Hair and Beauty Co., Ltd. on April 9, 2006, priced at 3,800 yuan. In the agreement, the company promised that through one course of treatment (15 times), the melasma on Ms. Zhou's face could be eliminated and the face would become shiny and tender; if the above results were not achieved, the entire cost would be refunded. After Ms. Zhou completed a course of treatment, she found that the expected results were not achieved. Therefore, the company began to provide her with free cosmetic repairs in July 2007, but it still had no effect. Ms. Zhou made a refund request to the company according to the agreement, but the company kept evading and delaying the resolution. After Ms. Zhou complained, the company suddenly closed down and disappeared. Comments on prepaid consumption are hot spots and difficulties for complaints. Currently, the beauty, hairdressing and fitness industries promote various stored-value cards, membership cards or other prepaid products to consumers at so-called "low prices". The promises made when selling the cards are often difficult to fulfill, and they leave as soon as there are many complaints. Consumers have to keep their pockets tight when paying in advance. Home Decoration Case Wanlayer Interior Decoration Co., Ltd. used "moving" to evade responsibility Mr. Zhao signed a decoration contract with Shanghai Wanlayer Interior Decoration Co., Ltd. in February 2005, agreeing that "the warranty period for the decoration project is two years."
However, less than half a year after the renovation was completed, quality problems such as large-scale cracks in the bedroom walls, blistering on the hallway walls, and bulging of the kitchen wall tiles began to appear. When he tried to contact the company for warranty, the company’s office was deserted. At the beginning of 2007, Mr. Zhao found out that the company had a new office, so he came to the company again to ask for warranty. The other party refused to take responsibility for the maintenance, and within a few days, it suddenly moved and disappeared without a trace. Case: Rongguan Decoration Engineering Co., Ltd. delayed the construction period and repeatedly missed appointments. Ms. Zhang signed a villa decoration contract with Shanghai Rongguan Decoration Engineering Co., Ltd., and the agreed construction period was from March 1 to August 1, 2007. However, during the construction process, the company repeatedly delayed the progress. For this reason, Ms. Zhang negotiated with her many times. Finally, the two parties signed a supplementary agreement. The company guaranteed that if the construction period was delayed for another day, a fine of 10,000 yuan would be imposed. However, after the agreement was signed, the villa decoration construction site was still unmanaged and unmanned. Under the coordination of the Consumer Protection Committee, both parties agreed to terminate the contract. However, during the clearance and settlement, the company proposed to charge many additional fees without any sincerity in resolving the dispute, making the dispute unresolved. Case: Oulishi Decoration Engineering Co., Ltd. refused to perform the contract and violated good faith. Ms. Sun signed a decoration contract with Shanghai Oulishi Decoration Engineering Co., Ltd. in February 2007, and made an agreement on the brands of paint, water pipes, flooring and other materials. During the construction period, Ms. Sun discovered that the materials used by the decoration company were not of the agreed brand, and there were also obvious quality problems in the anti-theft doors, interior door frames, ceilings, lines, etc. For this reason, Ms. Sun asked the decoration company to make rectifications before making the next payment, but the decoration company suddenly stopped working. Ms. Sun negotiated with her many times, but the company still insisted that "even if rectification is made, money must be paid first, and work will be stopped if no money is paid." Comments: Home decoration is highly professional. Due to information asymmetry between the parties to the transaction and uneven quality of construction personnel, situations that damage the legitimate rights and interests of consumers often occur. Consumers are sometimes really helpless when some dishonest companies use various excuses not to fulfill their agreements with consumers during the renovation process.