The court does not support the claim for 10 times

2022-07-24
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The court did not support the claim for 10x incomplete packaging. Release date: Source: new perspective editor: Yu Jia browsing times: 2003 copyright and disclaimer core tip: in August last year, a bought two bottles of Japanese sake with a total price of nearly 4000 yuan at Taicang Yiri store. After returning home, he found that the sake he bought had no outer packaging and Chinese labels

[China Packaging News] in August last year, a bought two bottles of Japanese sake with a total price of nearly 4000 yuan at Taicang Yiri restaurant. After returning home, he found that the sake he bought had no outer packaging and Chinese labels

then, a certain enterprise tried to attract the high-end resources of new materials and daily necessities store with international influence to ask for return, and claimed that the food it sold did not comply with the relevant mandatory provisions of the food safety law, which infringed on the consumers' right to know and constituted fraud. The merchant refused a's request on the ground that the liquor had been sold and could not be returned. Later, a sued to Taicang people's court, requesting that the defendant be ordered to refund 3960 yuan and compensate 39600 yuan in accordance with the relevant provisions of 10 times punitive damages

after Mr. a submitted the video and physical objects of the purchased sake to the hospital, the official found that there were no Chinese labels on the outer packaging and bottle body of the two bottles of sake. The defendant believed that the sake sold in his shop was intact, did not lack the Chinese label, did not rule out the human factor that the label was torn off, and submitted the food business license, food circulation license, inspection and quarantine certificate of Inbound Goods and other evidence to prove that the sake sold complied with the legal provisions

after hearing, the court held that the sake sold by the merchant lacked a Chinese label, and a claimed that the return should be supported. The 10 times punitive damages claimed by the plaintiff almost cover all kinds of materials; The defendant has done his best to provide evidence for the food safety of sake involved in the case, but a did not provide other evidence to prove that the label defect of sake involved in the case was enough to affect food safety, so this claim is not supported

the judge reminded that the 10x punitive damages should not be abused, and its application must meet certain constitutive requirements: namely, the premise of the injurious act, the subjective fault is knowledge, and there are damage consequences and causality. Once the constitutive requirements are not met, the claim for punitive damages cannot be supported. In addition, consumers should carefully check the details, packaging and labels of the goods when comparing them with the standard sample drawings. When finding problems with the goods, they should seal up the goods in time, keep the shopping invoices, and choose to require the merchants to return and exchange the goods, complain to the consumers' Association, report to the administrative department, and sue to the court to safeguard their legitimate rights and interests

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