(Pictures and texts are irrelevant, source: Visual China)
In case of trouble, it is necessary to be calm, and the protection of rights needs to be rational, otherwise it is likely to face the situation of "failure to protect rights, adding losses" like Ms. Zhang, a Shanghai resident.
It is reported that Ms. Ma and Ms. Zhang are neighbors up and downstairs, and Ms. Zhang, who lives on the 3rd floor, said that since Ms. Ma began to renovate the 4th floor house in August 2020, her normal life has been seriously affected.
Ms. Zhang said that the upstairs changed the structure of the house and the decoration pipeline leaked, and she had called the police many times for this purpose. At about 4:45 a.m. on September 16, 2020, Ms. Ma's home was still being renovated in the house, resulting in Ms. Zhang being unable to rest.
Ms. Zhang said that she had no choice but to go upstairs and knock on the door to ask for a stop, but the construction staff neither answered nor opened the door, so she kicked the security door several times, and was persuaded to return by her roommate Shen.
Unexpectedly, Ms. Ma sued Ms. Zhang in court for this. Ms. Ma said that during the construction of her home, she was maliciously obstructed by Ms. Zhang many times, and the newly installed security door was also deformed by her kick, which could not be closed normally under certain conditions, which had caused economic losses to herself.
(Source: China Judgment Documents Network)
According to the civil judgment, Ms. Ma demanded that Ms. Zhang pay full compensation according to the purchase price of the security door of 2800 yuan. Ms. Zhang argued that there had been no change in the security door itself, let alone a functional problem, and asked the court to dismiss Ms. Ma's claim.
The Shanghai Xuhui District People's Court held that Ms. Ma's renovation of the house affected the normal life of Ms. Zhang and Ms. Shen, but Ms. Zhang failed to properly resolve the dispute through normal channels when facing the dispute, and should bear the corresponding civil compensation liability for her own uncool risk behavior.
In view of the fact that the focus of the dispute between the two parties was the actual degree of damage to the security door, the Shanghai Xuhui District People's Court went to the site on October 13, 2021 and found that the lower part of the security door did have obvious depressions, but there was no impact on the use function.
The security door purchase order provided by Ms. Ma to prove the purchase price is not known at an unknown time, the customer's name does not match, and it is also an irregular invoice, which is difficult for the court to accept.
Considering that the subject matter of litigation is small, if it is assessed by the relevant departments, it will inevitably lead to an increase in litigation costs. In order to avoid expanding the losses of both parties, the people's court ordered Ms. Zhang to compensate Ms. Ma for 500 yuan as appropriate based on factors such as the cause of the incident, the time of decoration, and the damaged appearance.
At the same time, the Xuhui District People's Court of Shanghai Municipality warned both parties that they should learn lessons from the effective judgment, be cautious in their words and deeds in the attitude of mutual understanding and mutual accommodation in their daily lives in the future, properly handle neighborhood relations, and do not allow the contradictions to continue to expand.
Xiaoxiang Morning News reporter Zhong Ming