A woman in Guangzhou suspected that her husband was cheating and found an emotional counseling agency to provide "professional guidance", but ultimately failed to save the marriage, can the 30,000 yuan consultation fee be refunded?
Suspecting that her husband was cheating, she sought counseling from emotional agencies but to no avail
Suspected of her husband cheating and encountering an emotional crisis, Xiaojing (pseudonym) found an emotional consulting company on the Internet and signed a service contract of "emotional recovery" with her. After Xiaojing paid the first service fee of 15,000 yuan to the company, the company appointed a teacher to provide Xiaojing with a customized "emotional recovery" service through the WeChat group formed.
In the early stage, the relationship between Xiaojing and her husband improved, and the company proposed that the preliminary effect agreed in the contract had been achieved, and required Xiaojing to pay a second service fee of 15,000 yuan.
Subsequently, the company designed a set of speech techniques for Xiao Jing, and advised her to practice more and follow them. However, things backfired, and this operation was disgusted by Xiaojing's husband, aggravating the emotional conflict between Xiaojing and her husband, and finally failed to achieve the effect of restoring the normal state of husband and wife, Xiaojing asked the company to refund the consulting service fee of 30,000 yuan to no avail, and then a lawsuit was filed.
The first instance judgment of the Baiyun Court: The emotional consulting company returned 15,000 yuan to Xiaojing and rejected Xiaojing's other litigation claims. The judgment is now in force.
The judge's statement: When looking for a service organization, the content of the service and the consideration for the service should be clarified
The magistrate pointed out that emotional consulting service contracts have personal attributes, and the effect of contract performance also has a certain subjectivity, and such business activities have no clear service standards to refer to, and disputes are easy to arise.
In this case, the emotional consulting company provided consulting services for Xiaojing and also put forward some rationalization suggestions, which initially increased the communication between Xiaojing and her spouse and fulfilled certain contractual obligations.
However, in the later period, the company did not deeply understand the deep-seated reasons for the emotional crisis encountered by Xiaojing and her spouse, lacked professional psychological and sociological analysis, and the suggestions made were counterproductive, and it should also be determined that the company's services objectively did not achieve the purpose of the contract. Therefore, taking into account the performance of the contract, the emotional consulting company was ordered to refund the service fee of 15,000 yuan to Xiaojing.
Feelings are heart-to-heart collisions, which should be personally felt and experienced, and cannot be forced, and outsiders' forced intervention may be counterproductive. At present, there is no clear authority in the relationship counseling industry, and the practitioners are also uneven, although the Human Resources and Social Security Bureau has a professional qualification certificate for marriage and family counselors and a professional qualification certificate for psychological counselors, but the vast majority of practitioners cannot obtain such certificates.
The judge hereby reminds that couples and couples encountering emotional problems should first clearly understand the root cause of the crisis, and if there is a need to seek guidance, they should choose a professionally qualified consulting institution and docking consultant, clarify the service content and service consideration, and pay attention to protecting their personal privacy, so as to make prudent choices and rational consumption.
Legal Knowledge D:
Civil Code of the People's Republic of China
Article 509 The parties shall fully perform their obligations in accordance with the agreement.
The parties shall follow the principle of good faith and perform obligations such as notification, assistance, and confidentiality in accordance with the nature, purpose and trading habits of the contract.
In the process of performing the contract, the parties shall avoid wasting resources, polluting the environment and damaging the ecology.
Text/Guangzhou Daily Xinhuacheng Reporter: Charter Correspondent: Yun Faxuan
Photo: Guangzhou Daily Xinhuacheng reporter: charter
Guangzhou Daily New Flower City Editor: Ma Junxian