Weibo said that two Japanese students encountered "saucers" when visiting the Yuyuan Scenic Spot in Shanghai. Weibo screenshot
The Beijing News (Reporter Lin Feiran, Li Xin, Zhang Jian, intern Zhang Rui) On April 7th, a netizen posted a Weibo saying that on the afternoon of the 6th, two Japanese students were taken to the Yuyuan Teahouse on the second floor of No.229 Jinling East Road for tea when they were visiting the Yuyuan Scenic Area in Shanghai. "When I checked out, I was told that the tea fee was 48 yuan’s bite. A total of more than 2,100 yuan was spent, and all the cash of more than 1,000 yuan was forcibly hollowed out. "
At 7 o’clock last night, "Shanghai Huangpu", which was certified as the official WeChat public account in Huangpu District, sent a message saying that the teahouse involved had been investigated and dealt with. Once the illegal facts are verified, they will be severely punished according to law.
The day before, "Shanghai Huangpu" announced that the money had been returned after the deceived students reported to the police.
event
Invited to tea, told 2000 yuan at checkout.
Weibo said that two Japanese students encountered "saucers" when visiting the Yuyuan Scenic Spot in Shanghai. According to the receipt of the case (incident) of Shanghai Public Security Bureau published in Weibo, at about 15: 45 on April 6, two parties (Japanese students) came out of Yuyuan Station of Shanghai Metro Line 10 and met a man and two women, who were asked to help them take photos.
These three people invited two parties to have dinner together. Subsequently, the two were taken to Yuyuan Teahouse on the second floor of No.229 Jinling East Road for tea, and were told that they spent a total of 2,000 yuan at checkout. More than 1,000 yuan in the wallets of the two parties was forcibly taken away. Afterwards, Japanese students reported the case to the Bund Police Station of Huangpu Branch of Shanghai Public Security Bureau.
On the evening of April 7, the netizen claimed that two students got back the cheated money at the Bund police station, but was asked to stop here.
respond
The store has returned the consumption amount to the party concerned.
At 6: 44 pm on April 8, "Shanghai Huangpu" issued a statement on the situation of chopping off customers in Yuyuan Teahouse, No.33 Henan South Road, responding that on April 7, after the parties asked the police for help, the store had returned more than 1,000 yuan spent by them through work.
The article also said that on the morning of April 8, Huangpu District Market Supervision Bureau conducted an on-site inspection on the second floor of No.33 Henan South Road. After investigation, the "Yuyuan Teahouse" at No.229 Jinling East Road reflected by netizens is actually located in Room 206, No.33 Henan South Road, Huangpu District, Shanghai. The enterprise is "Shanghai Yiketing Tea Co., Ltd.".
According to industrial and commercial data, Shanghai Yiketing Tea Co., Ltd. was established on April 12, 2013 with a capital injection of 30,000 yuan. Its business scope covers prepackaged foods, bulk food, direct imported food, arts and crafts, tea sets, etc. Its legal representative is Hua Jingqin, and it is registered by Huangpu District Market Supervision Administration.
Last night, the Beijing News reporter got in touch with Mr. Guo Dong, a shareholder of the company. He said on the phone that it was not 48 yuan’s tea, but he was not the main person in charge now, and then hung up.
At 7 o’clock last night, "Shanghai Huangpu" announced that after investigation and evidence collection by Huangpu District Market Supervision Bureau, "Yuyuan Teahouse" was suspected of violating the Consumer Protection Law and other relevant laws and regulations, infringing on the legitimate rights and interests of consumers, and has now filed a case for investigation. Once the illegal facts are verified, they will be severely punished according to law.
In addition, the relevant law enforcement departments in Huangpu District remind consumers to pay attention to whether the purchased goods (services) are clearly marked when consuming, so as to avoid the price being tricky, and at the same time, be sure to ask the merchants for invoices or consumption vouchers, so as to facilitate the rights protection in case of consumer disputes.
Statement 1
If it involves saucer fraud, can I get a refund?
Han Xiao, a lawyer of Beijing Kangda Law Firm, believes that if the tea provided by the teahouse where the "saucer" is located does not match the price list, or Japanese students order directly from the saucer when they consume, and are required to pay a high consideration when they pay the bill, then the behavior of the saucer is suspected of criminal fraud; If the saucer has forced payment during the transaction, it is suspected of forced transaction.
Judging from the current information, the amount involved is 1000 yuan, which has not yet reached the sentencing standard for fraud (3,000 yuan) or forced trading (2,000 yuan) in the Criminal Law. Therefore, in addition to refunding money, according to the relevant provisions of the Law on Public Security Administration Punishment, the saucer is most likely to face administrative punishment, that is, detention for less than 10 days and a fine of less than 500 yuan. "If the police find other victims after investigation, they may be criminally punished."
Statement 2
Does Japanese student status affect rights protection?
Han Xiao said that according to the "Measures for Punishment of Infringement on Consumer Rights and Interests", when operators make false or misleading propaganda on goods and services, the administrative department for industry and commerce will punish them in accordance with the Consumer Protection Law. According to the circumstances, you can impose a warning, confiscate the illegal income and impose a fine of less than ten times the illegal income.
"China’s civil law, criminal law and administrative law all stipulate the principle of territoriality, that is, events that occur in China are subject to Chinese laws." Han Xiao said that although the victims in this incident were Japanese students, it did not affect their rights in China through civil, criminal and administrative means. In terms of rights protection, according to the current report, Japanese students can call the police to coordinate and resolve disputes, or they can ask the saucer to compensate themselves for personal and property losses caused by this incident through civil procedures.
In recent years, we have experienced "sky-high" events.
In addition to 48 yuan’s high-priced tea, in recent years, the media reported many "high-priced" events. For example, a dish of "sky-high tofu" at 368 yuan, "sky-high horse riding" at one yuan per second, a bowl of casserole rice congee in 100 yuan, a dried apricot in 8.8 yuan and so on.
In this regard, Zhang Lingyun, vice president of the School of Tourism Management of Beijing Union University, once suggested that the government should take the lead in establishing a supervision consortium for tourism, public security, industry and commerce, price and other departments. We can set up a government to guide prices, seriously investigate and deal with negative tour fees, and seriously rectify the catering market.
A cheap shrimp in 38 yuan.
Event: During last year’s National Day, some netizens broke the news that they encountered a guest-killing incident while eating in Qingdao. When ordering, the boss confirmed that 38 yuan had a "sea prawn", and when checking out, it became a 38 yuan, and the asking price for a plate of prawns was more than 1,500 yuan.
Results: Qingdao Municipal Price Bureau and others found out that although the food provided by the food stall was clearly marked, it was not standardized and was suspected of misleading consumers. The hotel involved was fined 90,000 yuan and ordered to correct it immediately.
398 yuan a catty of sky-high fish
Event: In February this year, Weibo, a Chen Yanfa from Jiangsu, said that after going to Harbin for the Spring Festival and being taken to the "North Shore Wild Fish Village" restaurant by a tour guide, the bill bill showed that the price was 10,302 yuan and the unit price was 398 yuan.
Results: The local government departments found that there were some behaviors, such as selling farmed mandarin fish as wild mandarin fish, and failing to apply for renewal of the Catering Service License on time. The business license of the hotel involved was revoked and a fine of 500,000 yuan was imposed.
894 yuan sky-high mushroom stew chicken
Event: On October 2 last year, a Shanxi tourist said that he was taken to a restaurant for a farmhouse banquet by a "black tour guide" in Laoshan Scenic Area, and finally spent 2,300 yuan, including 894 yuan for a mushroom stew chicken.
Results: Laoshan Scenic Area ordered the person in charge of the hotel to suspend business for rectification, apologized to the tourist, and compensated the tourist for all the losses.