Source: Liaoshen Evening News
Shenyang people Xiao Xu,
Deliberately purchased expired bread more than 70 times,
Subsequently filed a lawsuit with the court,
filing a claim of $1,000,
If you are a judge,
What would you decide?
Buy expired bread in multiple places
More than 70 times while buying and video recording
Xiao Xu is a native of Liaozhong District, Shenyang.
On April 22, 2019, Xiao Xu bought a loaf of bread worth 3 yuan at a shopping store in the Shenyang Economic Development Zone.
The outer packaging of this bread reads: "The date of production 20190417, and the shelf life is 4 days from April to September at room temperature." That is to say, when Xiao Xu bought this bread, the bread had expired.
During the purchase process, Xiao Xu recorded the video intermittently with his mobile phone.
During the entire purchase process and after the purchase, Xiao Xu did not communicate with the store about the expiration of the product.
This is not the first time Xiao Xu has purchased expired bread.
Previously, he had bought expired bread more than 30 times in Liaoning. Most of these cases were mediated and closed by the local court, and each merchant compensated Xiao Xu 500 yuan.
During March and April 2019, he came to the Shenyang Economic and Technological Development Zone, met the shopping store and only bought bread, every time he entered the store, he began to videotape, if no expired products were found, sometimes he bought a bottle of drink and left.
"Because other products are too troublesome to look at the production date, the shelf life of the bread is short, if the supermarket bread does not expire, other goods basically will not expire." Xiao Xu said.
In the Shenyang Economic and Technological Development Zone, Xiao Xu bought expired bread 39 times.
After the purchase, it will be sued in court
Claims for $1,000 per expired bread order
Every time he bought expired bread, Xiao Xu was like this time on April 22, 2019, recording as if, and leaving quietly after checkout.
Subsequently, Xiao Xu sued the merchants who purchased expired bread 39 times to the court, and each expired bread claimed 1,000 yuan in accordance with relevant laws and regulations and asked the merchant to refund the shopping fee.
Encounter problems in shopping all consumers will encounter things, I never tangle with the merchants about the problem of goods, are directly choose legal proceedings, I think this is the wisest choice, if there is a quarrel with the merchant in the process of quarrel, mutual beating, who is responsible?
Regarding the purchase on April 22, 2019, the court of first instance rendered a judgment after trial.
The court held that between 2018 and 2019, Xiao Xu filed lawsuits in different courts dozens of times against different business operators due to the issue of expired bread, claiming that the business operators bear the liability for compensation, and are not consumers in the general sense, and their behavior is profit-making, seriously violating the principle of good faith and wasting judicial litigation resources, so the court of first instance should not apply the punitive liability clause.
The court of first instance rejected Xiao Xu's claim for 1,000 yuan in compensation, and only ordered a refund of 3 yuan for the purchase fee. The remaining claims of the E-TSDC were also dismissed.
Final Hearing:
Whether you know it or not, you should pay!
Xiao Xu appealed.
On June 4 this year, the Shenyang Intermediate People's Court opened a case against the case.
Yesterday, the reporter learned that the Shenyang Intermediate People's Court pronounced the final judgment.
The court held that, based on Xiao Xu's self-admission in the first and second instances, it could be determined that Xiao Xu was indeed a purchaser who frequently and deliberately left evidence to purchase small amounts of food that exceeded the shelf life, and later filed a lawsuit with the court.
However, the Supreme People's Court issued Guiding Case No. 23 on January 26, 2014, established that "where a consumer purchases food that does not meet food safety standards and requires the seller or producer to pay ten times the price in compensation in accordance with the provisions of the Food Safety Law or compensate in accordance with other compensation standards prescribed by law, the people's court shall support it regardless of whether it is knowing at the time of purchase that the food does not meet the safety standards." "Rules of adjudication.
"This is because food and medicine are major matters related to the health and safety of the people, so the law gives producers and sellers of food and medicine more stringent safety responsibilities and gives consumers the right to claim punitive damages." This is stated in the judgment.
Yesterday, the reporter learned that the court finally ruled that the merchant refunded the price of Xiao Xu's purchase of bread of 3 yuan and paid compensation of 1,000 yuan. In the remaining cases that were rejected, After Xiao Xu appealed, the Shenyang Intermediate Court also re-awarded Xiao Xu to compensation.
Source: Liaoshen Evening News (lswbwx) reporter Sui Guanzhuo