596 yuan to pay another.

March 17, wine and liquor and case between Banan district court, by the same judge joinder.

The judge tried to mediate, but Liao boss and Zhou Kaili two sides failed to reach agreement.

Plaintiff views

 

He sells wine packaging and labeling in question

Zhou Kaili prosecution said that last September 4, at the grocery store he bought two bottles of Mr Liu's particular brand of red wine, white wine and two bottles of a certain brand, obtain invoices and delivery notes, "take home found that red wine and white wine on packaging and labeling, have some of the details I think there is a problem. "

Wine label written all grades of the brand's "preferred level,for a large number of false M, selected level,When the judge read the evidence, collection level, master," the implementation of the national standard product GB15037. The country where the subject of the terms, and no more than four levels of division.

"Advertising Law" states: Ads may not contain false information, deceive, mislead consumers; "consumer fraud penalties," states: operators to provide goods to consumers, there is one of the following circumstances, is a consumer fraud: ... ... (5) with false trade descriptions, product standards,woolrich a poco prezzo, physical samples, such as sales of goods.

Chow believes grocery store as a sales person, in violation of the "Product Quality Law", entirely reasonable review of obligations, there is fraud in the sales process.

Plaintiff retreat one lose one, that return money 596 yuan,rivenditori hogan, 596 yuan to pay another.

In the case of liquor trial, Chow proposed in grocery store to buy a certain brand of liquor used in violation of "Advertising Law" slogan, claiming the packaging, "attracted by the national winemakers blending reconcile" advertising law can not be used "Country level, most advanced, best, best "and other slogans.

Zhou Kaili put back a lost one, namely retreat 1120 yuan, and the other to pay 1120 yuan. 1192 + 2240 = 3432 yuan.

It is almost a month Liao Shiqiang store profit.

The defendant views

 

Should I tell the wrong object of pay

Liao Shiqiang believe that other non-normal purchases, buyers are other people; at the same time, he has done to all the responsibilities and obligations of the seller.

First of all, the same day he personally sell wine and liquor, remember clearly is a 60-year-old grandfather to buy, not the plaintiff Chow, he and Mr. Zhou did not met.

Second,woolrich parka blu, consumers daily consumption, if a problem, the first reaction is to contact the seller and negotiate return. Coordinate high, help CASE, CASE treatment no less, to the court.

Liao Shiqiang did not receive any inquiry, questioning the phone or door negotiations,moncler negozi, direct flying court summons.

Again, says the product itself. "Product Quality Law" stipulates: responsibilities and obligations of the seller for the establishment, perform incoming inspection and acceptance system, and check product quality certificates and other identification.

His vice establishments are micro enterprises, like the establishment of a verification system purchase, there are business licenses and liquor distribution license, purchase inventory, product quality and compliance report, all lots are so suppliers transcribe clear all check whether the packaging and labeling when purchasing and original. Involved in major supermarkets wine, rum company, hotel name cigarettes are sold.

"Product Quality Law" stipulates that logo on the packaging, is the manufacturer's responsibility. His hands are a proof of the information provided by the manufacturer of wine, indicating that manufacturers are four levels divided in accordance with international standards.

Chow prosecution cause of action is the "product liability disputes sellers," but said the burden of proof is the quality of the responsibilities and obligations of the scope of manufacturers. Simply put,hogan rebel online, the plaintiffs accuse the wrong object, and should he lose.

Court episode

 

The plaintiff sued the enterprise

March 17, the day of the trial, the judge found that the plaintiff is Mr Liu individuals' quality of products liability disputes "to sue companies. The plaintiff in the complaint the defendant was wrong,hogan interactive donna, need to re-submit a complaint.

There is no possibility of mediation? Judges try to reconcile the two sides. Mr Liu agreed to mediation, agreed to give each other $ 2000, only to ask for the return of the goods. And Chow requirement is to 2000 yuan, the goods will not be returned.

"Two bottles of red wine, two bottles of liquor, a total value of just over 1700 yuan, your mouth should 2000,Lee no consent. Forced, is not much?"

"The new Consumer Law out, and now claims 10 times the highest energy, usually the general prosecution, I have been back a pay five dollars .2000 mediation is already mercy."

The two sides quarrel for a long time, leaving on bad terms.

Liao Shiqiang feel somewhat aggrieved, lived much of his life, never entered the court, he insists to sue, and now have to cramming "Product Quality Law" and other regulations, bite the bullet and deal with.

Small business owners are confused

 

Will give rise to a lawsuit to open a shop?

Yesterday, a district in Banan Yudong, Chongqing Morning News reporters Jian Daole and Liao Shiqiang. He lived in the residential occupancy rate is not high, from the balcony, many houses still water room. Including grocery Mr Liu's account, the entire district,To further understand the old, a total of five of the same type grocery store.

His shop is located on the first floor, will open up their own balcony, build a small step, put twenty-three shelves,giacche woolrich prezzi, a cigarette cabinet, a vertical drinks cabinet, a chest freezer. Several boxes of small food shelves did not have time. The whole shop only ten meters. Shop next door have to connect the living room.

Years ago, laid off from state-owned enterprises, everywhere a living wage, worked long-distance freight drivers, in business, institutions car ...... by Chongqing saying:. "Really is wisdom are engaged in all over the place tie"

Three years ago, the local government has introduced policies to support micro-enterprise development. See favorable opportunity to discuss Liao Shiqiang and family, decided to test the water micro enterprises. The couple attended the micro-enterprise training practitioners, soon joined the first batch of micro enterprises Banan main team. Shop three years, Mr Liu said never sell fake and substandard,this autobiography is expecte,hogan uomo outlet online, never received any consumer complaints.

During the interview, talked about the topic Liao Shiqiang, almost never left "Increasing the defendant wanted to upstream suppliers, manufacturers pull into the defendant." "I have to be a small business, a monthly turnover of ten thousand pieces, net profit was two thousand, if he was asked to give money, a month equals nothing. Wife did not work, the store has been in the care of her daughter immediately elevated in , a lot of waiting to pay tuition. "

Previously, the city's many professional fake people indicted sales liability disputes report objects are large shopping malls and supermarket chains, supermarket chains are mostly strong,tuta moncler, after receiving the prosecution, directly notify the manufacturer, allow manufacturers to send representatives or counsel to the respondent, mediation, the cost of compensation paid directly by the manufacturer, otherwise the goods shelves.

Clearly, the situation is completely different from the self-employed, he is the second seller is upstream suppliers, manufacturers getting goods from the supplier.

When he informed the suppliers and manufacturers of Chongqing office, but did not get the desired assistance. Chongqing Morning News Contact supplier Qinjing Li Liao Shiqiang,inexperienced, he already knew what had happened, the company is also very helpless and embarrassed.

Qinjing Li said: "I know everyone on the same production and marketing chain of interest, if Liao always lose money, there will be more micro enterprises when the defendant, and ultimately affect the entire sales network." Currently, they want some of the evidence as to the manufacturers and report provided to Mr Liu,peuterey bologna, other helpless,hogan false, after all suppliers and manufacturers are not the defendant.

Lawyer Answers

 

Liao boss can not apply for an increase to the defendant manufacturers

There is no such possibility, Liao apply to the court to increase the defendant, the supplier or manufacturer as the second and third defendants?

Chongqing Jingsheng Lawyer Zhongyu Jiang said that if the increase in the defendant,accidentally crushing right t, unless the plaintiff agreed to in the complaint are listed solely on the defendant, the defendant can not apply to the court to increase. Courts "do not tell ignore" principle, the plaintiff did not sue the object, the trial will not be involved.

It should be added if the defendant, and the plaintiff does not agree with the additional court may notify the identity of the third party manufacturers to participate in the proceedings. Documented in the third person is not liable for the defendant, the court only with the facts.

Bell lawyers suggested that if the defendant loses effect verdict as supporting evidence, he sued to contract disputes upstream suppliers supply is defective, the case has a certain degree feasible, non-100% effective. This is called the lawsuit a chain, a ring part to play.

Appoint a lawyer to provide legal assistance to micro enterprises

Business sector

 

Appoint a lawyer to provide legal assistance to micro enterprises

On the 18th, the Chongqing Morning News reporters Pei Tong and Liao Shiqiang came Banan micro enterprise service center, consulting solutions.

AIC chief humic micro enterprises, said in her impression that this is the first time Banan District micro enterprises suffered occupational litigation cases, more special. She believes that as a sales person, just try to review all obligations under the laws and regulations in the sales side, should not be a defendant.

Meanwhile, the micro-enterprise service center for assistance Liao assigned a lawyer.

Deputy Director Wang Chongqing Municipal Bureau of Commerce and Industry, said at the micro enterprises, Mr Liu micro-enterprises not only in Banan, even in the city,she insisted on a parked car, is the first professional fake encounter human micro enterprises,scarpe hogan interactive, "had never heard of." The business sector is micro enterprises "home", which will actively coordinate efforts to achieve the two sides relatively acceptable balance.

(Upon the request of Liao Shiqiang pseudonym)

The group of text / Chongqing Morning News reporters Feng Jingshi and Xi Shengquan Yali