It can "earn" thousands of yuan for a few dollars!A man specializes in this ... the judge important reminder!

Spending a few dollars, "earning" thousands of yuan, a man specially purchased expired products and proposed claims, thinking that he had found the "way of getting rich". Recently, the Huli Court released a dispute over the trading contract.

Sister Hua (pseudonym) opened a small supermarket in the lake. On December 22, 2021, Xiao Wanghua bought a pack of small snacks in Hua Sister Supermarket 4.5 yuan. After getting the snack, Xiao Wang pointed out that the production date was clearly written on June 1, 2021, with a shelf life of 6 months, and the expiration of 20 days. Xiao Wang reported the supermarket of Hua Sister to the court on the grounds that Sister Hua deliberately sold the expired food, and provided a record video taken when purchasing the product, requesting a return of 4.5 yuan and compensation for 1,000 yuan.

"His behavior is clearly a professional claim, not like normal consumers." Sister Hua said that according to her, Xiao Wang Ming Ming lived in Jimei District. In order to get personal private interests, he ran to supermarkets in different areas of the island to buy expired foods. Make multiple prosecutions for different merchants. He deliberately purchased and sneaked the video of the video, which is a malicious claim with organization and premeditated. "From the video provided by the young king, when knowing that the product expires, he still insists on buying. Obviously it is not because of the needs of life consumption, but using the law to make a profit for yourself."

The court found that Xiao Wang and the outsider Xiao Zhang and Xiaojie had purchased expired foods in some supermarkets and convenience stores in Huli District from December 2021 to March 2022, with a product amount ranging from 1-20 yuan. In March 2022, the three of the three filed a total of 69 cases of disputes in the sales contract on the grounds that the supermarkets involved in the supermarket and convenience stores involved in the supermarket and convenience stores, all of which required the supermarket and convenience store to refund the shopping funds, and paid in accordance with the provisions of the Food Safety Law. Punishment compensation is 1,000 yuan.

The court believes that Xiao Wang specializes in multiple supermarkets and convenience stores for a period of time to purchase expired foods, and then prosecuted the operator in batches on the grounds of sales of expired foods. It is the use of punitive compensation as its own profit, violating the principle of integrity, and the provisions of Article 148 of the Food Safety Law. Therefore, the court does not support the punishment request for punitive compensation requested by Xiao Wang.

In summary, the court ruled that the Sister Sister Supermarket refunded 4.5 yuan for Xiao Wang's goods; Xiao Wang should also return the purchased product to Hua Sister Supermarket. In addition, the court rejected Xiao Wang's other litigation requests.

In addition to Xiao Wang, the total of 22 cases of his companions Xiao Zhang and Xiaojie also made a judgment during the same period, and the court rejected its claim on punitive compensation in the first instance.

[Judge Reminder] Quoting to quit justification

In recent years, "professional claimers" have requested high "compensation" from merchants, and reports of suspected extortion are common. It often buys so -called fake goods such as non -standardized packaging and labels in batches, or later threatened merchants, or complaints with market supervision departments in order to make private interests. Most occupational claims will cause serious waste of judicial and law enforcement resources, and require joint governance of civil law and criminal law. The law cannot be a profitable tool.

(Xiamen Daily reporter Tan Xinyi Correspondent Hufa Xuan)

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