The hotpot restaurant was claimed 10 times, and the court judged?

Customer hot pot restaurant dine, find plastic bands in the kimchi

The hotpot restaurant was claimed 10 times, and the court judged?

Eating outside is the most concerned about food hygiene. Among them, eating foreign bodies in food is a problem that consumers are very worried. Recently, the reporter learned from the Chengdu Longquan District Court that the court recently opened a trial of a dining service contract dispute, judged 1,000 yuan in compensation for hotpot restaurants in accordance with the law, and rejected the customer's request for 10 times compensation for the consumption amount.

The gifted kimchi found plastic belt

At about 7 pm on March 24 this year, Liu Moumou and friends who lived in Jinjiang District, Chengdu City came to a well -known hot pot restaurant on a well -known hot pot restaurant on the South Road, Longquanyi District. During the meal, Liu Moumou found that there was a long strip -shaped plastic belt in the kimchi presented by the hot pot restaurant, and then negotiated with the manager of the hot pot restaurant. After the negotiation was unsuccessful, Liu Moumou took a picture of the dishes and dishes with his mobile phone, and then continued to eat, and added more than 500 yuan of dishes. Liu Moumou spent a total of 1073 yuan this time.

After the meal, Liu Moumou called the mayor's hotline to complain. On March 29, the Market Supervision and Administration of Longquanyi District mediation to the dispute between the two parties. The hot pot restaurant proposed that it was willing to compensate Liu Moumou with a value of 200 yuan, but the two parties did not reach an agreement.

On May 18th, Liu Mou's complaint sued the well -known hot pot restaurant to Longquanyi District Court, requesting the court to order the hot pot restaurant to return the dining fee of 1,073 yuan on the day of the hot pot restaurant, and 10730 yuan for 10730 yuan. Apologize to yourself. After the case was accepted, the Longquanyi District Court applied the simple procedures to conduct a public trial in accordance with the law.

The judgment does not refund the food fee but compensate for compensation

During the trial, the hot pot restaurant argued that he had never produced foods that did not meet food safety standards. Liu Moumou had not suffered actual losses and did not need to compensate him. The litigation agent stated that the hot pot restaurant actively negotiated and communicated with Liu Moumou, which did not mean that it had fault. The litigation agent also said that Liu Moumou was proficient in the operation of reporting complaints and used relevant complaints to force hot pot restaurants to meet its unreasonable requirements. If only a photo of a foreign body in the food that Liu Moumou has proved and doubts the foreign body source, it is determined that the food produced by hot pot restaurants will be responsible for the food safety standards. A certain behavior requires the hotpot restaurant to bear the responsibility, and the hot pot restaurant will be difficult to operate.

The court trial believes that there is a plastic foreign body found in the kimchi provided by the hot pot restaurant. Without evidence to prove that everyone is caused by everyone, it should be determined that the dishes are caused by the provider of the dish. According to the relevant provisions of the Food Safety Law, hot pot restaurants should bear the actual loss and punitive compensation of Liu Moumou. Because the existence of foreign objects is an attached dish, Liu Moumou's dishes do not have the case that does not meet the food safety standards and has not been damaged. Do not use whether consumers have actual losses and whether they are consumed as the premise. Therefore, the Longquanyi District Court judged that the hot pot shop paid Liu Moumou 1,000 yuan to Liu Moumou, and rejected Liu Moumou's other lawsuits.

Sichuan Rule of Law Daily-Rule of Law Sichuan News Client Reporter Zeng Changwen

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