Not long ago, Mr. Li, a citizen, took his membership card to the Windsor KTV Jiefang East Road store for consumption, but he was told by the clerk that his membership card had been deactivated, and the balance of more than 7600 yuan and more than 200 bottles of stored wine on the card could not be used, which made Mr. Li very confused, and the store's response made him feel angry. To this end, he called the news hotline of the Political and Legal Channel 0731-85533110, and after receiving the clue, the reporter quickly rushed to the scene to investigate. Men recharged to 390,000 a week ago the membership card was deactivated.
"Our company recharged the card at Windsor KTV because it often had receptions, and recharged it 13 times, each time for 30,000 yuan, but when we came to consume on October 30th, we found that the card was suddenly deactivated." Xiao Li, an agent of Mr. Li, told reporters that in May this year, Mr. Li, the head of a company in Changsha, opened a membership card in Windsor KTV and recharged a total of 390,000 yuan, and then often went to spend. But just a week ago, this membership card under Mr. Li's name was suddenly deactivated by Windsor KTV.
The recharge record presented by Xiao Li
The reporter checked and found that the status of Mr. Li's membership card showed that it had been deactivated.
"Now I go in and look at my membership card, it shows that the status is abnormally disabled, and now there is a balance of 7619 in the card, more than 200 bottles of stored wine, 6 bottles of foreign wine, can not be used." Xiao Li said.
The reporter checked and found that The status of Mr. Li's membership card showed that it had been deactivated, and the balance of the card showed that the principal part was 4702.5 yuan, and the gift part was 2916.5 yuan.
After Mr. Li's recharge card discovered this situation, Mr. Li arranged for the company's employees to find the Windsor KTV Jiefang East Road store, and the clerk's response made him a little angry.
"They say we're high-end members, they're giving our cards maintenance, isn't that treating me like a fool?" It's been 6 days since we were deactivated, and no one has taken care of it and we haven't given us any reply. We are real money, why do they deactivate our cards, which is a clear violation of consumer rights. Xiao Li said.
Immediately, the reporter rushed to the Windsor KTV Jiefang East Road store together with Mr. Li's agent to understand the situation. Windsor said: The card is suspected of colluding internally and externally to resell the amount of the gift.
"This card was indeed deactivated by us. We found that there was an abnormal consumption situation on this card, there was a violation of the operation, and now we have called the police. This card is the amount of money that our employees are operating, colluding with outsiders inside and outside, and reselling the card. Du Kailin, regional general manager of Windsor KTV, said that their store has a gift activity for membership card recharge, a one-time recharge of 30,000 yuan can send 30,000 yuan room fee, or send the principal of 7500 yuan, Mr. Li chooses to give away 7500 yuan of principal every time he recharges.
However, not long ago, after investigating the consumption records of the membership card under Mr. Li's name, they found that the card was suspected of reselling the amount in the card.
Mr. Lee's card consumption record
"We checked the consumption record of this card, and our sales took this card to pay for other private rooms, let other guests consume, and then directly collected the cash of other customers and put it in their own pockets." Equivalent to him charging a 30,000, you can earn 7500. Now the police station is already investigating, yesterday there were already 3 staff members who were dealt with by us and also summoned by the police. Du Kailin said.
After that, the store issued 3 staff statements, and all 3 staff members admitted that they used Mr. Li's membership card to pay for other box guests, and then transferred the payment cash to Mr. Li. "Because we have clear regulations, internal employees are prohibited from participating in the activities of giving away recharge cards, and now we find that this card is operated by internal employees, and we have evidence to prove that 3 recharges are recharged by our staff on the spot." Du Kailin said. Regarding this statement of the store, Mr. Li's agent said that he could not accept it.
Xiao Li and Du Kailin, regional general manager of Windsor KTV
Xiao Li: When do you say that your staff recharged?
Du Kailin, Regional General Manager of Windsor KTV: July, August, September.
Xiao Li: This is our company's card, we recharged, I have all the recharge records here, we are consumers, real money and silver recharge, why do you stop my card? Whether your staff has a violation or whatever, I don't care, I am a consumer, there is something you should go to your employees.
Reporter: So the police have now opened a case?
Du Kailin, regional general manager of Windsor KTV: The case has not yet been filed.
At the scene, the two sides insisted on not making concessions to each other.
Subsequently, Mr. Li's side decided to reflect the relevant situation to the market supervision department. "We have already received a complaint about this matter, and we have contacted a shopkeeper surnamed Yang in Windsor, and we are also doing further investigation and will not be able to deal with it until the results of the investigation come out." We'll make one more trip on Monday. Zhou Ke, director of the Chaoyang Supervision Institute of the Furong District Market Supervision Bureau, said.
At present, the police and the market supervision department have been involved in the investigation of this matter.
Lawyer: The store's practice is suspected of infringing on the legitimate rights and interests of consumers
Regarding Mr. Li's encounter, the reporter interviewed lawyer Hu Jiachu on related issues.
"Windsor's practice is to unilaterally terminate the agreement with the guest, which violates the legitimate rights and interests of consumers and bears the liability for breach of contract." Recharge gift is an activity for all consumers, anyone who goes to charge 30,000 can get 7500. The money charged in and the part given by the store, when the recharge is completed, these have become the legitimate personal property of the consumer, as long as it is not illegal, the consumer has the right to dispose of his legal property at will, as for whether he is asking others to consume, or selling to others, then as long as others are willing, it can be. "Lawyer Hu Jiachu also said that even if the store sales staff cooperates with consumers to resell the amount in the card, it is also a violation of the company's regulations by the store sales staff, and Windsor KTV has the right to deal with its own employees, but does not have the right to deactivate the consumer's recharge card." According to the Consumer Rights protection law, as long as the two parties have reached an agreement within the scope permitted by law, they should abide by the provisions of the agreement. Now the store unilaterally suspends the consumer's card, which is equivalent to unilaterally breaking the contract and bearing the liability for breach of contract. Hu Jiachu said.
We will also continue to pay attention to the progress of this matter.
Source: Political Science and Law Channel, Beijing Youth Daily
Editor: Zhang Heng, Lv Ruitian