Parking charges are arbitrary, product quality is problematic... Luoyang exposed 8 typical consumer rights protection cases

Dahe Daily reporter Li Xiaobo correspondent Chen Xiang

On October 27, a reporter from Dahe Daily learned from the Luoyang Municipal Market Supervision Bureau that the bureau exposed a number of typical consumer rights protection cases, interpreted the law by case, further improved consumers' awareness of self-protection, enabled consumers to clarify their rights and take the initiative to protect their rights, and at the same time enhanced the awareness of producers and operators to fulfill their social responsibilities and maintain the healthy and orderly development of the consumer market.

Case 1: Consumers reported a dispute over the quality of car purchases at Luoyang Xuanyu Ruili Automobile Sales Service Co., Ltd

On August 30, consumer Ms. Zhang reflected that she spent more than 640,000 yuan on Luoyang Xuanyu Ruili Automobile Sales Service Co., Ltd. on August 5 to buy a Porsche family car, during normal use, the vehicle exhaust pipe appeared paint loss problem, and the vehicle fault light was unexplained and bright, she contacted the merchant for after-sales treatment, and the after-sales service has been pushed away so that the problem has not been solved, so she called the 12315 hotline for help. After receiving the complaint, the staff of the professional sub-bureau vehicle exchange immediately contacted both parties to understand the situation. Subsequently, the staff actively organized mediation between the two sides, and finally the two sides reached an agreement, the merchant replaced the painted exhaust pipe for Ms. Zhang free of charge, while upgrading the vehicle system to solve the problem of its fault light being on, Ms. Zhang thanked the market supervision department for its efficient handling.

Market Supervision Tips: According to the first paragraph of Article 18 of the Provisions on the Responsibility for repair, replacement and return of household automobile products, "During the warranty period of household automobile products, there is a product quality problem in household automobile products, and consumers can repair them free of charge (including working hours and material costs) by the repairer with three guarantee certificates" Paragraph 3 "If the wearable parts of household automobile products have product quality problems during their quality assurance period, consumers can choose to replace the consumable parts free of charge." The range of types of consumable parts and their quality assurance period are clearly indicated by the producer on the three-guarantee certificate. The range of types of wearable parts expressed by the producer shall comply with the relevant national standards or regulations, and the specific requirements shall be separately stipulated by the General Administration of Quality Supervision, Inspection and Quarantine of the People's Republic of China. "If consumers encounter such a situation in the purchase and use of a car, the merchant should bear the obligation of after-sales maintenance."

Case 2: Consumers complained about the charging problem of Luoyang Luyou Roadside Assistance Co., Ltd

On September 13, Mr. Hei, a consumer, reported that when he was driving a truck weighing 17 tons on the Lianhuo Expressway to Luoyang Road, the truck suddenly broke down, and then contacted Luoyang Luyou Road Rescue Co., Ltd. to drag his truck to the parking lot of Yangzhuang Village, Yanshi District, and when he picked up the car, the company asked him for a towing fee of 3200 yuan, which he thought was unreasonable, so he called the 12315 hotline for help. After receiving the complaint, the law enforcement personnel under the jurisdiction of the Yanshi District Market Supervision Bureau immediately conducted an investigation, and after investigation, the company did not charge according to the highway drag charging standard, and immediately ordered the company to refund the fee charged by Mr. Hei, and at the same time, the company's failure to charge the dragging fee according to the regulations was dealt with separately, and Mr. Hei expressed satisfaction with the results of the treatment.

Market Supervision Tips: According to the "Henan Provincial Highway Rescue Service Charges (Trial)" of the "Henan Provincial Expressway Rescue Service Charges (Trial)" and the "Luoyang Development and Reform Commission Luoyang Municipal Transportation Bureau Document" Luofa Reform Charges [2012] No. 22 and other relevant provisions, the merchant wrecker rescue (trailer) fee should strictly implement the government pricing regulations and charge according to the standard.

Case 3: Consumers reported that the smart parking lot of Congzhengfang Amusement Park in Luolong District did not implement government pricing

On July 27, consumer Ms. Zhao reflected that she parked in the smart parking lot of Congzhengfang Amusement Park in Luolong District on the same day, drove in at 20:29 that night and drove away after 1 hour and 43 minutes, but the merchant charged her 13 yuan parking fee, which was unreasonable, so she called the 12315 hotline for help. After receiving the complaint, the law enforcement personnel under the jurisdiction of the Luolong District Market Supervision Bureau immediately investigated, after verification, Ms. Zhao reflected that the situation was true, Luolong District Congzhengfang Parking Smart Park said that due to the problem of the electronic charging system there was a failure, law enforcement officers ordered the parking lot to rectify immediately, strictly implement the government pricing, the parking lot has apologized to Ms. Zhao, and refunded the overcharged parking fee, Ms. Zhao expressed satisfaction.

Market Supervision Tips: According to the "Notice on Strengthening the Parking Management of Urban Areas" issued by the Luoyang City Administration Bureau and other four departments on April 8, 2019, "Parking lots (including parking lots funded by social units and individuals) in urban areas that have been filed or approved are charged in accordance with the following standards: small vehicles 3 yuan / time, medium-sized vehicles 5 yuan / time, large vehicles 8 yuan / time, overnight regardless of the model 10 yuan / time, parking is free within 30 minutes, 24 hours across the time period according to the overnight standard, It is not allowed to charge progressively in different periods, and parking lots funded by social units and individuals are strictly prohibited from self-pricing", and parking lots in urban areas should strictly implement the parking standards set by the government pricing department.

Case 4: Consumers complained about the problem of low standard and high sales in the Baolong branch of Luoyang Hanhua Trading Co., Ltd

On September 10, Ms. Ren, a consumer, reflected that she purchased ham sausages at the Baolong branch of Luoyang Hanhua Trading Co., Ltd. on the same day, and the price of the goods was 89.9 yuan per box, but when the actual checkout was charged 112.8 yuan, she thought it was unreasonable, so she called the 12315 hotline for help. After receiving the complaint, the law enforcement personnel under the jurisdiction of the Luolong District Market Supervision Bureau immediately investigated and handled the matter, and after investigation, the situation was true, and ordered the Baolong branch of Luoyang Hanhua Trading Co., Ltd. to immediately refund ms. Ren's price difference, and at the same time, the store's behavior was dealt with separately, and Ms. Ren expressed satisfaction.

Market Supervision Tips: According to Article 13 of the Price Law, "Business operators selling, purchasing and providing services shall clearly mark the prices in accordance with the provisions of the competent government pricing departments, indicating the product name, place of origin, specifications, grades, pricing units, prices or service items, charging standards and other relevant circumstances of the goods." Business operators shall not sell goods at a higher price than the list price, and shall not collect any unspecified fees", which prohibits business operators from selling at a low price and selling high.

Case 5: Consumers reported that the quality of Apple mobile phones purchased by the electronic equipment business department of Beeju Communications in Luolong District

On July 11, consumer Ms. Yang reflected that she purchased a 13,000 yuan Apple 12pro MAX mobile phone in the electronic equipment business department of Luolong District on July 7, and found that the mobile phone screen was not sensitive during use, and the return of the product was fruitless in negotiation with the merchant, so she called the 12315 hotline for help. After receiving the complaint, the law enforcement personnel under the jurisdiction of the Luolong District Market Supervision Bureau immediately investigated and communicated and coordinated with the store, and the merchant replaced the mobile phone for the consumer, and Ms. Yang expressed satisfaction.

Market Supervision Tips: According to Article 12 of the Provisions on the Responsibility for repair, Replacement and Return of Mobile Phone Products of the Three Packs of Mobile Phones, "From the date of sale, from the 8th to the 15th day from the date of sale, if the mobile phone host has the performance failure listed in Appendix 3 "Mobile Phone Commodity Performance Failure Table", the consumer may choose to replace or repair the goods." When the consumer requests to exchange the goods, the seller shall replace the mobile phone host of the same model and specifications for the consumer free of charge", if the mobile phone purchased by the consumer fails and meets the conditions for replacement or repair, the merchant should bear the after-sales obligation according to the provisions of the three guarantees of mobile phones and repair or replace the goods for the consumer.

Case 6: Consumers complained about the quality of the refrigerator purchased by Luoyang Dingkun IOT Technology Co., Ltd

On July 31, consumer Mr. Zhang reflected that he spent 2500 yuan to buy a Midea refrigerator in Luoyang Dingkun IOT Technology Co., Ltd. Yinghe Branch in May, and there was a quality problem, and the negotiation with the merchant was unsuccessful, so he called the 12315 hotline for help. After receiving the complaint, the law enforcement personnel under the jurisdiction of the Yinghe District Market Supervision Bureau immediately investigated and communicated with the store to coordinate, and the merchant replaced it with a new refrigerator, and Mr. Zhang expressed satisfaction.

Market supervision tips: According to the "Provisions on the Responsibility for Repair and Replacement of Parts of Commodities", consumers can request returns in the following situations when purchasing air conditioners: "First, if the product fails within seven days from the date of sale, consumers can choose to return, exchange or repair; second, within the validity period of the three packs, because the producer has not supplied spare parts, it has not been repaired for more than 90 days since the date of repair, the repairer should indicate in the repair status, and the seller will exchange the same model and specifications for the consumer free of charge with this basis." Third, if the seller requests a return because there is no product of the same model or specification, and the consumer is unwilling to exchange other models or specifications of the product, the seller shall return the goods; if there are products of the same model or specification, and the consumer is unwilling to exchange and request to return the goods; if there are products of the same model or specification, and the consumer is unwilling to exchange and requests to return the goods, the seller shall return the goods that have been used and shall collect depreciation fees in accordance with these Provisions. "In the above case, the merchant shall bear the obligation to return the goods in accordance with the regulations."

Case 7: Consumers reported that the quality of lenovo computers purchased at the Jingdong computer digital store in Xigong District

On July 20, mr. Huang, a consumer, reflected that he spent 3,080 yuan to buy a Lenovo brand desktop computer at the Jingdong Digital Franchise Store in Saiyibo Computer City, Xigong District, and frequently appeared to be stuck in use, the software could not be opened and other failures, and the merchant negotiated the return without results, so he called the 12315 hotline for help. After receiving the complaint, the law enforcement personnel under the jurisdiction of the Xigong District Market Supervision Bureau immediately conducted an investigation and organized the two parties to mediate, and the merchant refunded Mr. Huang's return.

Market Supervision Tips: According to Article 11 of the Provisions on the Responsibility for repair and replacement of microcomputer goods, "Within 7 days from the date of sale, when the performance failures listed in the "Microcomputer Commodity Performance Failure Table" (see Annex 3) of these Provisions occur, consumers can choose to return, exchange or repair. When the consumer requests a return, the seller shall be responsible for returning the goods for the consumer free of charge, and refund the payment once according to the invoice price" Provisions, the consumer purchases the computer within seven days of performance failure, can make a return request, the merchant should perform the return responsibility.

Case 8: Consumer complaints about the contract problem of Chivas E-House Home Store in Qingdao Road, High-tech Zone

On September 13, consumer Ms. Zhai reflected that she spent 16,892 yuan on the combination furniture purchased at the Chivas E-House Home Store on the 2nd floor of the Qingdao Road Home in the high-tech zone at the end of August, and the merchant did not deliver it in time, and repeated negotiations with the merchant were fruitless, so she called the 12315 hotline for help. After receiving the complaint, the law enforcement personnel under the jurisdiction of the Market Supervision Bureau of the High-tech Zone immediately investigated and handled, and after mediation between the two parties, the two sides reached an agreement, and the store equipped the consumer with the furniture such as the dining table they bought on September 17, and Ms. Zhai thanked the market supervision department for its efficient handling.

Market Supervision Tips: According to Article 10 of the Consumer Rights and Interests Protection Law, "Consumers enjoy the right to fair trade" and Article 16 "If the business operator and the consumer have an agreement, they shall perform their obligations in accordance with the agreement, but the agreement between the two parties shall not violate the provisions of laws and regulations" and the relevant provisions of the Contract Law, the merchant shall perform the contract agreement with the consumer on time, otherwise it will bear the liability for breach of contract.