Spend 4,800 yuan to buy a "Huawei" mobile phone, and repair it a year later
Ms. Xu, a 41-year-old ordinary citizen, went to a Huawei authorized store in Yulin, Shaanxi Province in February 2023 to buy a mobile phone. At that time, the sales staff recommended a "Huawei P50" mobile phone with a price of 4,800 yuan to her, and Ms. Xu took the mobile phone home to use after payment. More than a year later, Ms. Xu accidentally broke the screen of her mobile phone, so she went to the repair center to repair it.
When Ms. Xu handed over the phone to the repairman, the repairman told her a shocking fact - the phone she bought was not a real Huawei phone at all, but a mobile phone called "TD Tech P50". Although TD Tech P50 is very similar in appearance to Huawei P50, it is actually the "Huawei Smart" series of mobile phones produced by Huawei in cooperation with other manufacturers, and is not a real Huawei brand mobile phone.
As an ordinary consumer, Ms. Xu naturally couldn't tell the difference between the "Huawei P50" and the "TD Tech P50". The reason why she chose to buy a mobile phone at a Huawei authorized store was because she believed that the mobile phone sold in the authorized store must be genuine. Who would have thought that the salesperson would hide the real brand of the mobile phone when selling it, so that Ms. Xu always thought that she was buying Huawei's flagship model.
This is not an isolated case. In recent years, similar consumer disputes have occurred from time to time, and many consumers have been misled when buying so-called "Huawei Smart" mobile phones, and they did not find out the truth until the mobile phone had a problem and needed to be repaired. Some consumers are outraged by the perception that the merchant is cheating; However, some consumers said that they were ignorant of the concept of "Huawei Smart Choice" and did not blame the merchant entirely.
This incident has once again aroused widespread concern about the protection of consumer rights and interests. According to the relevant provisions of the Law of the People's Republic of China on the Protection of Consumer Rights and Interests, business operators shall provide consumers with true product information when selling goods, and shall not make any false or misleading publicity. In the event of fraud, the consumer has the right to request a refund for the return and compensation of three times the price of the product.
In response, the person in charge of the merchant involved responded that the sales staff had clearly informed consumers that the mobile phone belonged to the "Huawei Smart Selection" series when selling, and did not conceal the facts. However, many consumers have reported that they have encountered similar situations, and merchants promise to strengthen the training of sales staff to avoid the recurrence of such problems.
Ms. Xu used the phone well after buying it, until more than a year later, when the phone broke down and needed to be repaired, she realized that she had purchased a "TD Tech P50" instead of a real Huawei phone. Ms. Xu was very angry and disappointed about this. As an ordinary consumer, she was completely misled by the merchant and thought that she spent 4,800 yuan to buy a genuine Huawei mobile phone.
Similar situations are not uncommon in the consumer market. In order to make huge profits, some unscrupulous merchants often resort to false publicity, deceptive sales and other means to mislead consumers to buy fake and shoddy goods. Some of them will forge well-known brand trademarks, some will sell defective products as genuine products, and some simply produce and sell "three no" products. These behaviors seriously infringe on the legitimate rights and interests of consumers and disrupt the normal market order.
In response to such problems, the Law on the Protection of Consumer Rights and Interests has made clear provisions. The law stipulates that when selling goods, business operators must provide consumers with true product information and must not make any false or misleading publicity. If fraud is discovered, the consumer can not only request a refund for the return of the goods, but also receive compensation based on three times the price of the goods.
In this case, Ms. Xu can fully protect her rights and interests in accordance with the law. She should immediately file a return request with the merchant for a refund and keep all proof of purchase. If the merchant refuses to return the goods for a refund, Ms. Xu can file a complaint with the industrial and commercial department and request that the merchant's illegal acts be investigated and punished. She can also consider resolving the dispute through legal means and sue the merchant in court for triple compensation.
Ms. Xu's consumer dispute has once again aroused widespread concern about the protection of consumer rights and interests. In recent years, with the continuous expansion of the mainland consumer market, there have been more and more acts that infringe on the rights and interests of consumers. In the face of this situation, it is urgent to strengthen the construction of laws and regulations and improve relevant systems and mechanisms.
From Ms. Xu's case, we can see that the current Consumer Rights and Interests Protection Law has played an important role in regulating the behavior of business operators and protecting consumer rights and interests. The law clearly stipulates that operators shall not engage in false advertising, sale of counterfeit and shoddy goods and other illegal acts, and imposes severe penalties on violators, providing a legal basis for consumers to protect their rights.
With the development of the times, the current law has also exposed some deficiencies at the operational level. For example, in terms of the burden of proof, it is often difficult to prove that there is a quality problem in the product due to the limited technical information available to the consumer. For example, in the emerging consumer sector, the existing laws are still lagging behind in regulating new models such as Internet transactions and live streaming.
It is very necessary to introduce corresponding regulations to refine and supplement the existing laws. Fortunately, in April this year, the State Council officially promulgated the "Regulations for the Implementation of the Law on the Protection of Consumer Rights and Interests", which further refined and improved the Law on the Protection of Consumer Rights and Interests, and effectively enhanced the operability of the law.
The Regulations make a number of innovative provisions in the protection of consumer rights and interests. For example, in terms of the burden of proof, it is stipulated that the "burden of proof is reversed" for durable goods and other commodities, and the operator shall prove that the goods have no quality problems; For example, special regulations have also been made for emerging fields such as Internet trading and live streaming, which effectively protect the rights and interests of consumers.
The promulgation of the Regulations for the Implementation of the Law on the Protection of Consumer Rights and Interests marks a new step in the legal system for the protection of consumer rights and interests in the mainland. It will certainly play an important role in regulating market order and safeguarding the legitimate rights and interests of consumers. We must also strengthen the implementation of laws and regulations, strengthen social co-governance, and ensure that the protection of consumer rights and interests is truly implemented.
Only when the legitimate rights and interests of consumers and operators can be effectively protected can the consumer market develop healthily in the long run. Let us work together to contribute to building a new development pattern and promoting high-quality economic and social development.