Source: Xiaoxiang Morning News
Source | Xiaoxiang Morning News
Reporter | Shen Xiaoyi
On the evening of October 9, Mr. Gao, a citizen of Changsha, ate spicy hot at a Yang Guofu spicy hot shop. Mr. Gao said that when he was about to finish eating, he found a fly at the bottom of the bowl, which made him suddenly lose his appetite. Subsequently, the store's handling made Mr. Gao more difficult to accept...
Customer: Eat flies in spicy scalding
After Mr. Gao found flies at the bottom of the bowl, he immediately took a video to collect evidence. According to the video provided by Mr. Gao for reporters, there was a small black foreign object floating in the soup, and after Mr. Gao fished it out with chopsticks, he could identify it as a dead fly.
Mr. Gao immediately reported the situation to the clerk and demanded compensation. The clerk initially expressed understanding and provided the store owner's phone number to Mr. Gao, allowing Mr. Gao to communicate directly with the boss.
The boss said on the spot that it is inevitable to eat bugs and the like, the shape of the bugs is complete, but also shows that Mr. Gao did not eat it, so the boss advocates that Mr. Gao is exempt from the order, and the next time he comes to eat in advance, he can also be exempted from the order again.
For the boss's solution, Mr. Gao was not satisfied, and proposed to compensate 5 times according to the Food Safety Law, and Mr. Gao spent a total of 44 yuan for meals, that is, 220 yuan in compensation. After the two sides failed to argue, Mr. Gao called 12345 on the spot to report.
During the period, Mr. Gao took a video of the bowl floating with flies in order to collect evidence, and asked the clerk to prove that it was a bowl in the store, and the clerk was initially reluctant to cooperate with the answer, and then admitted that "it is the bowl of our store".
Shopkeeper: This is "professional blackmail"
Due to the failure of the two sides to reach a consensus, when Mr. Gao was about to leave the store, the clerk accused Mr. Gao of being a "professional blackmail".
On October 10, the reporter interviewed Mr. Liang, the owner of the store, mr. Liang said that there was indeed this matter, and told reporters that there are flies in the soup, he can provide customers with free compensation, and still disagrees with Mr. Gao's 5 times compensation, "I think this person is here to blackmail people, and this fly is not necessarily in our pot." ”
The reporter told Mr. Liang that from a legal point of view, the compensation method advocated by Mr. Gao is legal, and the boss Mr. Liang believes: "Although the law has provisions, the actual compensation will not be so much." ”
"I've eaten a fly once, how could I possibly come back, the way the store handled it made me feel very irresponsible." Mr. Gao said that the store's behavior of calling him a "professional blackmailer" also made him very angry: "Come out to eat a fly, put no one comfortable, I want to compensate is to ask for a solution, but the store said that I blackmailed people, this is a slander against me, they themselves check the monitoring of the store to know if it is specially put by me." ”
However, for the reporter to put forward the method of checking the monitoring and verification, the boss Mr. Liang also said: "The monitoring of our store is not so clear, we can only look at a rough idea, and the small actions during eating cannot be seen." ”
For now, both sides have decided to await the outcome of the processing of 12345.
Lawyer: Consumer demands are reasonable
In response to the situation encountered by Mr. Gao, the reporter consulted the lawyer to learn that according to China's food safety law, the production of food that does not meet food safety standards or the operation of food that is known to be food safety standards, consumers can also ask the producer or operator to pay ten times the price or three times the loss of compensation in addition to claiming damages; if the amount of increased compensation is less than one thousand yuan, it is one thousand yuan. Therefore, according to the law, the compensation measures advocated by Mr. Gao have a certain degree of reasonableness.
In addition, according to the relevant provisions of the Consumer Rights and Interests Protection Law, hotel operators should exchange or return goods for them according to the requirements of consumers, but specific problems can be solved through consultation.
When encountering food safety problems, consumers should keep food samples and meal certificates, and complain to the consumer association, industry and commerce, and health departments to the health supervision department in a timely manner. So that the relevant departments can inspect and punish the hotel that has a problem. If there is an adverse reaction after the meal, a hospital certificate (such as medical records, outpatient records) is required, and the hotel will be responsible for medical and other related expenses.