Recently, the Shenzhen Municipal Consumer Council received a screenshot of the execution of the payment from a consumer. At this point, nearly a year of support for prosecution and rights protection work has come to a successful end. It is reported that the case is the thirty-fourth case of successful consumer rights protection since the municipal Consumer Committee carried out support prosecution work.
The reporter learned that on December 6, 2021, the Futian District Consumer Committee accepted a consumer complaint against Shenzhen Chonggen Education Technology Co., LTD. (hereinafter referred to as Chonggen Company). According to the investigation of the Futian District Consumer Committee, the reason why consumers advocate the termination of the contract is that the defendant frequently changes the teacher and often fails to meet the class, resulting in the plaintiff's contract purpose being unable to achieve, and the dispute amount is as high as more than 300,000 yuan. After receiving the complaint, the Futian District Consumer Council quickly interviewed the operator. However, under the mediation of the District Consumer Council many times, Chonggen Company has a bad attitude, insisting on not returning the unused advance payment of consumers, and finally refusing to cooperate with the mediation work of the district Consumer Council. Consumers are unable to recover the advance payment and encounter difficulties in safeguarding their rights.
The municipal and district consumer committees jointly started to support the prosecution, and the case was won
On December 20, 2021, the Futian District Consumer Council filed an application to the municipal Consumer Council to support the prosecution, after a preliminary review of the case, the municipal Consumer Council accepted the commission of consumers, and the joint district Consumer Council supported consumers to Sue Chonggen company for rights protection.
On February 24, 2022, Chonggen supported the prosecution case successfully filed in Futian District People's Court. On May 6, the case was heard by the Futian People's Court, and the defendant was summoned by the court to participate in the proceedings without valid reasons, and the case was tried in absentia according to law; On May 10, the consumer received the successful judgment of the case, and the court ruled that Chonggen Company should refund the remaining advance payment to the consumer and bear the corresponding interest, effectively safeguarding the legitimate rights and interests of consumers.
The municipal Consumer Council applied for enforcement and consumers received refunds
After the judgment took effect, Chonggen company refused to fulfill the obligation of the effective legal document without valid reason, the municipal Consumer Committee continued to actively help consumers to apply to the court for enforcement, after half a year of execution procedures, and finally deducted the money to the consumer account, so far the content of the judgment has been all executed, and the rights of consumers based on the execution basis have been realized.
On November 8, 2022, after receiving a refund of 340,914.96 yuan from the company, consumers expressed their thanks to the staff of the municipal and district Consumer committees.
It is understood that in recent years, in order to effectively protect the legitimate rights and interests of consumers, the Shenzhen Municipal Consumer Council has actively used legal means to support harmed consumers to file lawsuits on many occasions. From 2017 to 2022, the Shenzhen Municipal Consumer Council supported a total of 61 consumer lawsuits, of which 5 cases were settled by mediation and 29 cases were settled by judgment, and the judgment result was that consumers won the case, the success rate reached 100%, and the economic loss for consumers was 938,709.66 yuan. After the judgment, 18 applications for compulsory execution were made, and the operators were all included in the list of persons subject to enforcement for dishonesty of the Supreme People's Court.
Next, the Shenzhen Municipal Consumer Council will give full play to the legal role to continue to prosecute illegal operators, increase the supervision of businesses, and strive to build a safe and assured consumption environment. Through the successful demonstration of individual cases, the social public opinion atmosphere of "one broken trust, everywhere restricted" is formed, providing a strong backing for consumers to protect their rights according to law.
Source: Shenzhen News Network