Fitness center volume "run"!Collective litigation of the Consumer Council of the Rongchang District Consumer Council in Chongqing
Author:China Consumer News Time:2022.07.15
The "running" of the Gongsai Fitness Center in Rongchang District, Chongqing, the legitimate rights and interests of 300 consumers were infringed, and the amount involved in the case was more than 700,000 yuan. Chongqing Rongchang District Consumer Council accepted the application of 109 consumers, filed a collective lawsuit to the court, and coordinated lawyers with legal agency services to consumers for free. At present, 93 consumers have obtained the first trial judgment and judge the fitness center to refund the service fee that has not yet been consumed, of which 56 consumers applied for forced execution.
Consumer Ms. Zheng told the "China Consumer Daily" reporter that she paid 681 yuan at the fitness center on October 7, 2021 and applied for a fitness "challenge card". Barn budget: The 680 yuan deposit will be refunded the following year. If the fitness center is transferred, this card continues to be effective. On October 20 of the same year, Ms. Zheng learned that the owner of the fitness center "runs the road", and she has never spent once.
On July 21, 2021, consumer Mr. Jiang spent 888 yuan to get a one -and -a -half -year fitness card. On August 22 of the same year, he spent another 400 yuan to book 12 private education classes. After 4 days, he paid 2,000 yuan in private education courses.
Consumer Liu spent 780 yuan to do a 3 -year fitness "overlord card". She told reporters that she had never been to the fitness center once, and the boss rolled the "running".
Consumers have complained to the Rongchang District Consumer Council. According to statistics, a total of 300 consumers paid the fitness service fee, but the fitness center did not provide services in accordance with the contract and did not return the remaining costs.
The Rongchang District Consumer Council believes that the fitness center violates the provisions of Article 53 of the Consumer Rights Protection Law and shall bear the liability for civil infringement. In the case of unable to contact the fitness center operator to participate in the dispute mediation, the Rongchang District Consumer Council supports collective lawsuits of consumers and sue the fitness center to the Rongchang District People's Court to safeguard their legitimate rights and interests. According to the reporter's understanding, a total of 109 consumers applied to the Rongchang District Consumer Council to participate in a collective lawsuit as the plaintiff, with a litigation amount of 117,000 yuan. The Rongchang District Consumer Council coordinates Chongqing Zhihe Zhi (Rongchang) Law Firm to provide consumers with legal agency services for free.
The court recently opened the trial of the case. Chen Yu, the secretary -general of the Rongchang District Consumer Council, submitted a opinion of supporting consumer prosecution to the court to ask the court to judge the judge in accordance with the law to safeguard the legitimate rights and interests of consumers.
As of July 13, 93 consumers have received the first trial judgment. The courts have determined that the fitness center constitutes a breach of contract and should refund the service fee without consumption. Other cases will be tried one after another.
Secretary -General Chen Yu told reporters that after the first instance, the fitness center would neither appeal nor fulfill the court's judgment. The Consumer Council will continue to follow up in the next step to assist consumers for compulsory implementation.
Produced by Chinese Consumer Newspaper New Media Editorial Department
Source/China Consumer News · China Consumer Network
Reporter/Liu Wenxin
Edit/Duke
Supervision/He Yongpeng Ren Zhenyu
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