During the decoration contract dispute, the customer found that the company pretended to be their signature on the contract, and the decoration company agreed to mediate and refund 100,000 prepaid payment.

Mediation site photography: Chutian Metropolis Daily Ji Mei News Intern Chen Yihan

□ Chutian Metropolis Daily Journalist Liu Dongli intern Chen Yihan

After paying more than 110,000 yuan in preparation, the citizen Ms. Liu questioned the construction plan of the decoration company, and then proposed to relieve the decoration contract. The decoration company asked Ms. Liu to deduct 80,000 yuan in liquidated damages on the grounds that Ms. Liu's breach of contract. During the communication, Ms. Liu found that the contract presented by the decoration company was not her original contract, and the signature above was not her own handwriting. On the morning of September 16th, under the coordination of the market supervision department of Wuchang District and Jimu Journalists in Wuhan City, the decoration company agreed to refund 100,000 yuan.

Decoration dispute construction is different from drawing schemes

At the beginning of January this year, Ms. Liu signed the "Soft Institute Construction Contract" with a decoration engineering Co., Ltd. (hereinafter referred to as "Decoration Company"), entrusted the company to decorate a house with an area of ​​88 square meters and paid about 11.8 10,000 yuan as a project prepayment, of which 10,000 yuan is fixed for design fees.

After Ms. Liu signed on the contract, the decoration company took away the contract on the grounds that the contract was "returned to the company's headquarters stamp". The company promised to return the contract to her on the day of construction.

On May 5th, the decoration company held a decoration ceremony in Ms. Liu's house. The designer did not attend the scene for some reason, and the contract did not bring her. "I think that the contract is always returned to me, so I didn't urge it, and it has been shelved in the back." Ms. Liu told Jimu Journalists that after the start -up ceremony, the company was planned as planned, but Ms. Liu was in the paddling stage. problem found. "The paddling construction part was outsourced out of the decoration company. Although the other party issued information such as qualification certificates, business licenses, safety production licenses, etc., the person who could not prove that the staff at the scene was the employee of the pouring company." In addition,, in addition, The cast -in -chime structural diagram sent by the designer to Ms. Liu is the structure diagram of "Country Garden Cashi Structure", not the structural diagram of his own house. In this regard, the designer's explanation is "this is a standard craft".

Subsequently, Ms. Liu also found that the actual solution provided by the other party was inconsistent with the plan provided by the designer of the decorative company. "Country Garden's Structural Map" was enhanced, but the construction master claimed that Ms. Liu's house could not be enhanced at all. If Ms. Liu insists on reinforcing tendons, we must add other money.

After many communication, Ms. Liu was worried that there was a hidden safety hazard provided by the cast -in -law, and she proposed to the decoration company to terminate the contract. According to the other party, according to the contract, the unilateral termination of the contract shall calculate the liability for breach of contract at 30%of the total amount of the project, so Ms. Liu should pay 80,000 yuan in liquidated damages. "I have never got a formal contract, and I don't know if there is this terms in the contract." Ms. Liu said that since then she has repeatedly asked the decoration company to provide the contract after stamping, and she has not responded.

Photo confession of judicial appraisal opinions

Mediation communication Discover contract signature trace issues

In desperation, Ms. Liu logged on to the "Hubei 315 Consumer Complaints and Calling Platform" complaint. The provincial consumer committee's organizational mediation failed, and then turned to offline mediation.

On July 4th, Ms. Liu and the decoration company for the first mediation at Yang Yuan, the Market Supervision Bureau of Wuchang District, Wuhan.

At the mediation site, the representatives of the decoration company came up with several information, including contracts, receipts, warm reminder books, etc., and said that they could deduct only 35,000 yuan in liquidated damages for Ms. Liu after the consent of the leadership of the application company. However, Ms. Liu looked at the contract and found that the contract was only a copy, and there were no pages and riding sections. What surprised her most was that some of the signatures on the contract were not her handwriting. Ms. Liu believes that the company for pseudo her signature and does not speak honesty, so she cannot accept her requests.

In this mediation, the two sides have not reached an agreement. On July 7, Ms. Liu sent the relevant materials submitted by the company to Hubei Zhongzhen Judicial Appraisal Institute for writing. The results show that Ms. Liu's signature on Ms. Liu on the "Soft Institute Construction Contract" is not likely to write the symbols with Ms. Liu written on the sample. Written.

Jimu Journalists saw that in the contract provided by the decoration company to Ms. Liu, the agreement on the "liability for breach of contract" is as follows: Due to one party, when the contract cannot be fulfilled, the other party shall notify the other party to complete the contract for termination of the contract and compensate the other party's economy caused by it. loss. If the contract is terminated without the contract and stops performing the contract without authorization, the breach of contract shall bear the liquidated damages and compensate the other party's economic loss.

The final concession decoration company promised to refund 100,000

On September 16, Yang Yuan, the Wuchang District Market Supervision and Administration Bureau, once again organized a decoration company and Ms. Liu. On the morning of the same day, Jimu Journalists, as a special mediator of the Consumer Council of Hubei Province, accompanied Ms. Liu to the mediation site.

A staff member of the decoration company acknowledged that some of these information were indeed signed by the company's personnel. "Because some preferential projects inside the company need to report to the company, we do not want to frequently disturb Ms. Liu, so they signed the word for her "". In response to the irregularities such as the contract format of Ms. Liu, he believes that "as an adult, if Ms. Liu thinks there is a problem with the contract, she can refuse to sign it. She signed and needs to execute the contract."

Regarding the construction problem of the cast -in -law, the personnel of the decoration company said that because the decoration company does not have relevant qualifications, it is invited to build a qualified company. "Since our company collects your fees, it will definitely bear the corresponding responsibility. If the construction If there is a problem, you can complain, but now the project has not begun, you won't let it be done. How can you talk about the later things? "Ms. Liu believes that the various behaviors of the decoration company make her worry that the quality of the project will not be guaranteed to be guaranteed Let her not dare to continue cooperation. After about an hour of communication, the decoration company finally agreed to refund 100,000 yuan under the coordination of Yang Yuan Institute and Jimu Journalist Journalists of the Wuchang District Market Supervision and Administration Bureau. The two parties jointly signed the "Contract Lift Agreement". The relevant person in charge of the decoration company promised to apply for a refund for Ms. Liu on the same day. At the latest, the refund was remitted to Ms. Liu's account before September 24.

Sun Youming, director of the Yangyuan Institute of Wuchang District Market Supervision and Administration, reminded that the service industry should do a good job and make their own work in place. In the future, the decoration company receives consumer relevant complaints. Essence For consumers, you need to be cautious when signing the contract, carefully read the relevant terms before making a decision. Especially before renovation, it is best to understand the relevant knowledge and avoid being deceived. If necessary, you can use legal knowledge to protect your rights and interests.

The Hubei Provincial Consumer Commission reminds that the decoration must be signed for the decoration contract, and the terms should be as detailed as possible. The clause with liquidated damages must not be small, and the warranty period is clear. It is found that the quality of decoration is unqualified and must be done well. When consumers sign the "Decoration Contract", pay attention to checking the main body of the business license, decoration qualifications and contract signing to ensure that consumer property rights are not damaged.

The Hubei Daily client, paying attention to the major events of Hubei and the world, not only pushing the authoritative policies for users, fresh hot information, and practical convenience information, but also launched a series of features such as reading newspapers, newspapers, learning, online interactives.

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