WeChat purchasing ticket hotels, but encountered a "baby -style" transaction. Who should I find this money?

Purchasing is a way of transaction that people often choose

This can often buy discount big -name products

Xiaoxia is also a young man who is keen on purchasing

This time she encountered a "baby -style" transaction

Not only did I pay the money, I didn’t order the product

Even if anyone is going to sue in the end is a bit unclear

... ...

Introduction to the case

Xia Mou once joined a purchasing group, met Wang Mou (WeChat A) in the group, and purchased several products from Wang from a certain place. The two parties traded through Wang's designated Alipay account "G". Later, Wang said that WeChat A was not used, so that Xia Mou added WeChat W.

In January 2019, Xiamou ordered two to and from WeChat W Korean tickets (1906 yuan), hotel accommodation (2376 yuan), and transferred to "G". Later, Wang Jianqun and La Xia entered the group, and also informed him to order air tickets, hotels to contact WeChat B, and remitted to Alipay account "S".

Xia Mou ordered 6 air tickets flying from Urumqi to Wuxi via WeChat B, and transferred the cost of 9,000 yuan for the transfer ticket on January 23, 2019 (the hotel accommodation was successfully ordered). The Alipay account "S" is remitted.

On January 23, 2019, Xia Mou stayed at Urumqi Airport. He had not waited for the ticket ticket information, and the ticket was not successfully ordered. And the previously ordered Korean air tickets and hotel accommodation have not been successfully ordered.

Since then, Xia Mou has always contacted Wang to ask for a refund. On February 20, 2019, Xia Mou finally contacted "S" on Alipay. "S" said it was not WeChat B himself. Xia Mou asked his whereabouts of the remittance. The transfers from "S" showed that after receiving the transfer of Xia on January 23 and January 25, he transferred some of the money to the Alipay account "G". "S" informed Xia, because Wang also owed some of the "S" to purchase a refund at that time. Wang said that someone would transfer to "S", and "S" could deduct the arrears of the arrears. Therefore, after receiving the remittance of Xia, "S" was deducted from 3,000 yuan, and returned the remaining 6,000 yuan and 1760 yuan to "G".

At this point, Xia Mou finally understood that the original people from the beginning to the end were connected to and received the money, because Wang used multiple WeChat signals when chatting with Xia Mou, and the WeChat signal could not directly see the identity information of the trustee. The designated receipt account is not set up in my name. Although Xia Mou helped Wang Mou's identity documents through the help of others in the purchasing group, but in order to prove that the client was Wang, he still spent a lot of effort. In the end, Xia Mou made a large number of indirect evidence into the evidence chain to file a lawsuit to the court, demanding that the contract, refund and compensation for the interest loss of the above money occupied by 1,000 yuan.

Court referee

According to the relevant provisions of the People's Republic of China, the trusted contract is the contract of the client and the trustee, and the trustee handles the client's affairs. The client or trustee can lift the commission contract at any time. If a paid commission contract is caused by the trustee's fault, the client may request compensation for losses.

One of the difficulties at the time of the trial was to prove that the subject of responsibility, that is, the trustee, was Wang, that is, the defendant that Xia Mou's prosecution was clear and correct, and this was precisely the "boss" of WeChat purchasing disputes.

In this case, Wang is actually not a ticket or hotel accommodation directly. Xia Mou passed Wang to order air tickets and hotel accommodation. In essence, Xia Mou commissioned Wang to handle the specific affairs of the ticket and hotel accommodation. The commission contract, but the establishment of a commission contract relationship.

Through Xia Mou's chat records and transfer records, it can be confirmed that he ordered the fact that Wang would order air tickets, hotel accommodation and paid 13,282 yuan, and the above air tickets and hotel accommodation were not successfully ordered, that is, Wang failed to fulfill the contract obligation. The purpose of the commissioned contract could not be achieved due to Wang's breach of contract. Xia advocated the termination of the contract to terminate the contract and meet the conditions of the contract termination of the law. The court supported it in accordance with the law. After the contract was lifted, Xia Mou had paid 13282 yuan, and Wang should return it. Xia Mou also advocated that Wang's compensation for the interest loss of the above money was 1,000 yuan, which was not contrary to the law, and the amount was reasonable. The court supported it according to law.

Judge remind

Purchasing has brought convenience to our lives, so that many people can enjoy high -quality products in other countries without going out. But purchasing is also a double -edged sword, convenient online communication gives people an illusion, as if you can get in touch with the other party at any time. This allows us to gradually relax the vigilance. Until the dispute occurred, the other party did not reply or blackened, and then realized that she didn't even know who to find out.

Therefore, it is recommended that you develop the following good habits when using purchasing services:

The first is to choose to purchase through the person who knows in real life. If you do not know, then you must let the other party provide information such as identity documents in order to clarify the subject.

The second is to pay attention to retaining the chat history. Due to the purchase of the purchase through WeChat chat, the entire transaction consultation process will be reflected in the WeChat chat history. Therefore, this evidence is the most direct and the most complete reflection of the facts. When disputes require rights protection, the relevant records can be submitted to the court for retaining the court, and the original vouchers of the mobile phone must be retained. At that time, it will need to be submitted to the court.

The third is to retain online transaction records, remittance vouchers, etc.When transferring the transfer, try to transfer to the account of the other person's own name. If you transfer the transfer through WeChat and Alipay, you can apply for generating real -name bills as evidence to submit it to the court.Direct evidence.The fourth is to improve the vigilance of online transactions. You can search for the micro -signal or Alipay transaction number of the purchasing purchased in the web search engine, or ask other consumers to check whether there are relevant purchasing bad information.

Source: Wuxi Intermediate People's Court

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