Think the mall sold clothing, fabrics and materials and commodity ingredients are marked discrepancies, consumers Song will be a shopping mall to court and ask for a refund 3 times the compensation. The reporter was informed recently that the Beijing No. 2 Intermediate People's Court rejected the appeal of the shopping mall and maintained the judgment of the court of first instance to return the Song of 22,960 yuan and pay the compensation of 68,880 yuan and the inspection fee of 1,220 yuan.
In June 2016, Song bought two suits for 22,960 yuan in a shopping mall. The tops and trousers on the hangtag showed that the fabric composition was 100% wool. The washing labels showed that the fabric components were 100% wool, and the lining ingredients were all Polyester fiber 55%, copper ammonia wire 45%.
Song will buy the suit commissioned by a textile clothing Quality Supervision and Inspection Center, concluded that involved a suit jacket wool fabric composition was 96.1%, 3.9% silk, lining ingredients 100% copper ammonia fiber, trousers fabric composition 100% Wool, lining ingredients are 100% polyester. Song paid a 1220 yuan inspection fee for this.
After Song appealed to the court of first instance, he ordered the mall to return the purchase money, compensated 68,880 yuan and paid the inspection fee.
The mall argued that Song could not prove that the clothing recorded on the cashier's voucher and the sales receipt was the clothing involved, nor could it prove that it was the purchaser of the goods on the small ticket, so there was no subject qualification for prosecution; Not deliberately telling the false situation, nor concealing the actual situation of the clothing, does not constitute fraud; the fabric components of the two suits submitted by Song did contain 0.9% of the silk component except wool, but according to relevant national standards, the component can be marked. For 100% wool, it is only because of negligence that the word "except decorative line" is not added; Song is not a consumer, but a professional counterfeit, and should not be protected by the Consumer Protection Law. Therefore, he did not agree with Song’s claim.
After the judgment of the court of first instance, the mall refused to accept the appeal and appealed to the Second Intermediate People's Court of Beijing.
The Beijing No. 2 Intermediate People's Court held that, according to the facts ascertained by the case, the identification of the fabric components on the clothing label involved did not meet the requirements of the “Textile Fiber Content Mark†(GB/T 29862-2013). The logo does not match the actual composition of the lining. According to this, the mall tells Song that the composition of the fabric and lining involved in the case is untrue and can be considered fraudulent. The mall failed to provide valid evidence that Song was not the purchaser of the clothing involved, and that Song was not allowed to support the fake. The court of first instance has a factual and legal basis and the court maintains it. Accordingly, the above judgment was made.
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