Monday, November 19, 2012

Does Wal-Mart sell the overdue goods? The customer buys the overdue oil and demands to compensate

Does Wal-Mart sell the overdue goods? The customer buys the overdue oil and demands to compensate


Insult the gentleman and show store receipt and overdue olive oil.
" food safety law " implements the biggest case of Dongguan and opens a court session yesterday The customer buys olive oil to find overduly that indicts the supermarket
On June 5 this year, citizens insulted the gentleman to buy 8 bottles of olive oil in the shop of Dongguan Wal-Mart East Lake garden, but find they have all already exceeded quality guarantee period after going home. Insult the gentleman to think, Dongguan Wal-Mart has sold the behavioral infringement " food safety law " of the overdue products, then lodge a complaint against it.
This case held a hearing in the first court of Dongguan publicly yesterday. The agent of Wal-Mart interrogates and insults the gentleman in court: "What work do you do? What do you to the motive that the supermarket does shopping? " This agent even says, olive oil is the food of Western European countries' daily consumption, " one bottle costs nearly 100 yuan, few people in Dongguan can afford to consume " .
To the other side's words, it is " the insult of party's personality" that the attorney insulting the gentleman criticizes in court .
Yesterday, this case was not pronounced in court.
The details of the case is returned: Buy " overdue oil " Require ten thousand yuan to compensate
Insult the gentleman and do small business in Dongguan, live in the adjacent place of East Lake garden. On June 5 this year, when he is strolling around the shop of Dongguan Wal-Mart Department Co., Ltd East Lake garden, thought suddenly " Have a taste of a delicacy " ,Then at one time buy 8 bottles of olive oil and cost 770.80 yuan altogether. Insult Mr., say, because cash that oneself lead is not enough, his cash is paid the majority among them, and the counterpart's friend helped him pay by credit card paid 21.4 yuan remainingly. When drawing a bill, insult gentleman " look up " invoice Have written the unit that the friend belongs to " The engineering department of East Lake garden " .
After coming back home, insulting the gentleman opens a bottle of olive oil among them and uses the stir-fry. " feel a little bitter that I have tasted, " Insult the gentleman and look on date of production, find 8 bottles of olive oil have already exceeded quality guarantee period. He think supermarket sell overdue product, get, disappear while being municipal committee can complain, disappear committee can after consulting with Dongguan Wal-Mart and having no result, support to insult the gentleman and lodge a complaint against Dongguan Wal-Mart.
Insult gentleman, prosecute, to court, appeal the intersection of Dongguan and Wal-Mart return, do shopping style of 770.80 yuan then, and pay damages of 7708 yuan and compensation spirit and damage and conciliate 3000 yuan of gold with ten times of goods value according to the regulation of " food safety law ".
Court's trial scene: The agent of Wal-Mart interrogates the plaintiff and buys the motive
In the afternoon of yesterday, this case held a hearing in the first court of Dongguan publicly.
While argueing in court's trial, the evidence that gentleman's agent submits to insulting, the agent of Wal-Mart three degrees interrogate job income situation of insulting the gentleman and motive of buying olive oil, " olive oil is the culinary art oil that the Western European countries are used to using, the products are expensive, at one time buy 8 bottles of motives to doubt to the plaintiff " . The invoice that the gentleman submitted because of insulting " Resume " It was the engineering department of East Lake garden that was written, instead of him himself, the agent of Wal-Mart says, everybody's habits and customs are not to draw a bill in China.
Very angry while insulting gentleman's agent to state finally, he put forward the reason of the spiritual damages of the requirement emphatically, "Wal-Mart denies absolutely that has a contract relation with my party, put forward suspecting in buying the motive many times, think the plaintiff's economic condition is unworthy of enjoying this product of olive oil, make plaintifves insulted on personality " .
Yesterday, general secretary Deng GuoPing in Consumers Council, Dongguan audited the court's trial. After the court's trial, the Deng 's' flat mood is very excited, " Wal-Mart totally ignores even ignores the rights and interests of state law and consumer, we are very angry " .
As to the invoice question, Deng GuoPing thinks, it is a legal obligation that the operator offers the invoice, but not say it is Chinese that have not wanted the habits and customs of the invoice.
Deng GuoPing reveals, coordinates stage in administration for industry and commerce, Wal-Mart has not queried to the identity insulting the gentleman, just suspected his consumer motivation, " Wal-Mart agreed to compensate for 1000~2000 yuan, but disagreed with 10 times of damages at that time " .
Court's trial focus:
The focus one: Were 8 bottles of olive oil sold for Wal-Mart?
Plaintiff agent: Insult gentleman, buy 8 olive oil in will it be June 5 this year, keep do shopping receipt and invoice. Meanwhile, administration for industry and commerce coordinates the written transcripts and selling inventory records of the staff members of Wal-Mart of stage, prove Wal-Mart has ever sold 8 bottles of olive oil, both sides have relation of deal contracts.
Agent of Wal-Mart: Wal-Mart has not sold 8 bottles of olive oil, " this kind of olive oil in the whole country is sold greatly, these 8 bottles of olive oil must not be sold by Wal-Mart " . The invoice reveals what opened the invoice is the engineering department of East Lake garden, but not insult the gentleman, so both sides have no relation of deal contracts.
The focus two: Does the plaintiff have no right to advocate compensating?
Agent of Wal-Mart: The invoice authenticity provided for plaintiff institute is confirmed, but the invoice " resumes " It was the engineering department of East Lake garden that was written, it is not plaintiff's name, the plaintiff has no right to advocate compensating.
Plaintiff agent: The invoice " resumes " Write what does not influence the supermarket to sell the fact of the overdue goods. The friend going together with the plaintiff works in the engineering department in the garden of the East Lake, and brushed the left fund of 21.4 yuan for the plaintiff, so the plaintiff has just written the place where the friend works.

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