导读
On the day before Christmas 2020, Lawyer Zhang Yu from Guangdong Zhiming Law Firm received an urgent phone call: "Lawyer Zhang, hello! I was referred to you by xx. I bought a computer at Huaqiangbei and was scammed... The manager there scheduled a meeting with me at 19:30 today. Can you come with me?" The caller's voice was trembling. I thought to myself: What kind of person did this consumer encounter? Why is he so frightened?

 

Case review
The facts are as follows: On December 9, 2020, this young doctor bought a laptop at Huaqiangbei. He intended to purchase a high-end laptop with a dedicated graphics card, but after a sales pitch, he was given an outdated, discontinued model for 7,100 yuan. When he got home, he found the computer ran slowly, drained battery quickly, and the CPU was not a dedicated graphics card. He repeatedly asked the seller for a refund, but the staff was extremely rude, forcing him to file a complaint with the Consumer Association. The seller eventually agreed to a refund and arranged a meeting at their store, but then claimed he had scratched the computer, demanding a 498 yuan protective film fee and a signed agreement waiving all liability. Faced with a fingernail-sized mark barely visible to the naked eye, the doctor was flushed with anger and frustration, with no outlet but to seek a lawyer's help.

Lawyer Zhang reviewed the doctor's evidence and proposed a plan of negotiation first, then litigation, accompanying him to the negotiation. The female store manager was very cold, getting straight to the point, demanding to see the computer. She said a refund was possible, but no compensation, claiming her staff had no fault, dismissing them like beggars.

The doctor became more determined to sue, hoping for a refund and triple damages. However, the case lacked key evidence; the existing sales documents could not prove fraud, making triple damages uncertain. Moreover, the case amount was small, and filing a lawsuit and applying for appraisal would cost the doctor time and money, making it not worthwhile. Finally, under Lawyer Zhang's guidance, the doctor obtained a very strong piece of evidence without spending a cent, proving the computer was a discontinued old model worth less than 3,000 yuan. Lawyer Zhang also personally went to the Shenzhen Futian District Industrial and Commercial Bureau to find the defendant's responsible person's identity information.

Outcome of Rights Protection

The case was filed on January 11, 2021, heard on March 22, 2021, and a favorable judgment was received from the Shenzhen Futian District People's Court on April 23, 2021. After the judgment, the defendant stated they would not appeal and fulfilled the judgment obligations on May 12, 2021. On the day he received the compensation, the doctor was very excited and delighted: "Lawyer Zhang, thank you! Without you, the case wouldn't have gone so smoothly! You've completely changed my previous bad impression of lawyers."

 

A lawyer explains the law.
According to Article 55, Paragraph 1 of the Consumer Protection Law of the People's Republic of China, if a business operator engages in fraudulent conduct in providing goods or services, they shall, at the consumer's request, increase the compensation for the losses suffered, with the amount of increased compensation being three times the price of the goods purchased or the cost of the services received; if the increased compensation is less than 500 yuan, it shall be 500 yuan. In real life, not every consumer can quickly and accurately identify fraudulent behavior, often learning about it only afterward. Moreover, when the consumption amount is small, consumers may not collect paper evidence such as recordings or invoices. However, if subsequent WeChat chat records show that the seller's replies are inconsistent with the facts, they can also be used as evidence, and official customer service responses are also very strong proof. Of course, it is undoubtedly very wise and correct to entrust a lawyer to handle the dispute as soon as it arises; the longer the delay, the more time and money it will cost you. Friends, do you remember?