The peak season for crayfish has arrived, shortchanging customers is unacceptable!

📅 2023-05-17 📂 Zhiming Hot Comments Zhiming Hot Comments 🏷️ # summer # late-night # crayfish # consumer protection # shortage

Compiled from The Paper
 
Case review
Recently, consumers came to the "Xu's Xuyi Lobster" store in Xinjiekou area of Nanjing. 1 staff member at the scene said that the sales in the store have been very hot recently. At present, the specifications of the store are 2.50kg and 1.50kg lobsters. However, this store mainly receives orders on the network platform, on which crayfish 2.50kg only sell 99 yuan. Field staff said that the current online and offline purchase is the same price. When the consumer asked whether the marked "2.50kg pack" was the 2.50kg of lobster itself or whether it meant heavy 2.50kg together with side dishes and soup, the staff member did not reply directly.


 
 

Subsequently, the consumer placed an order for a five-jin package of lobster at 99 yuan through an online food delivery platform. After measurement, the total weight including the box and the soup was 7.7 jin. If the shrimp were taken out alone, the weight measured would be only 2.9 jin. The ingredients of this crayfish include chili peppers and rice cakes, which take up the majority of the weight.
 
After the consumer filed a complaint through the takeout platform, it wasn't long before a man claiming to be the person in charge of the business called. He stated that the lobster might dehydrate during cooking, and since the chef cooked the lobster in a large pot, there might be uneven distribution of the lobster, and he was willing to compensate the consumer for the price difference.
 
In this case, whether the 2.50kg lobster marked by the merchant is the actual weight of lobster or includes soup ingredients and side dishes, the person in charge also did not give a positive reply to such doubts.
 
 
[1] The People's Republic of China Consumer Rights Protection Law
 Article 55
Where an operator provides goods or services with fraudulent behavior, it shall, at the request of the consumer, increase the compensation for the losses suffered by the consumer. The amount of increased compensation shall be three times the price of the goods purchased or the service fees paid by the consumer. If the amount of increased compensation is less than 500 yuan, it shall be 500 yuan. Where otherwise provided by law, such provisions shall apply.
If an operator knowingly provides goods or services with defects to consumers, resulting in the death of consumers or other victims or serious damage to health, the victims have the right to demand compensation for damages from the operator in accordance with Article 49, Article 51, and other legal provisions of this law, and have the right to request punitive compensation of up to twice the amount of the loss suffered.
 
 
[1] The author's perspective
Lack of weight and lack of weight are topics of great concern to consumers now, such as the crayfish incident this time. If in the introduction of the merchant's dishes, the weight refers to the weight of the whole dish, in fact, the merchant had better take the initiative to mark the net content of lobster and the weight of other dishes, and can also provide relevant evidence in case of disputes. It should be noted that if the business has subjective malice in the process of operation, it is likely to be suspected of fraud, which may even affect business reputation, so it is very important to operate in good faith.

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