Yubei District, Chongqing.
Exercise The health club is closed.
but refused to refund hundreds of consumers.
Fitness class fees.
Chongqing Yubei District Consumer Rights Protection Committee.
Assist consumers in identifying key evidence.
and support consumers to protect their rights in class action lawsuits.
Health clubs are closed
What should I do with the balance in my consumer membership card?
Let's take a look at the experience of Ms. Liang, a consumer.
Ms. Liang, a consumer, told the reporter of China Consumer Daily that on June 29, she signed the "Application Form for Membership" with the sports and fitness club, and agreed to pay 3,000 yuan for class hours. According to the agreement, the fitness club will provide 10 private swimming lessons and 38 swimming lessons (3 of which are free of charge), and the agreement will be stamped with the "special seal for collection of Chongqing Laimeijian Fitness Club". Ms. Liang paid 3,000 yuan to the staff through WeChat, and the money was finally transferred to the fitness club operating unit, Chongqing Yuefei Sports Culture Communication*** legal representative Lu Moumou.
On July 17, the health club suddenly closed its doorsAt this time, Ms. Liang only took two private swimming lessons and was on her fitness cardThere is still 2,800 yuan left for the class fee
Mr. Liu also experienced the same thing.
On September 10, 2022, Mr. Liu, a consumer, signed a "Membership Service Agreement" with a fitness club and paid 1,200 yuan to purchase a swimming fitness annual card. Three days later, Mr. Liu spent 2,800 yuan to sign a "Personal Training Program Service Agreement" with a health club and purchased 12 personal swimming lessons. As of February 28 this year, Mr. Liu has purchased a total of 34 fitness personal training classes 5 times, with a total payment of 7,370 yuan, and all the above funds have been transferred to Lu Moumou.
Since May, the health club has been closed several times due to renovations, power outages, etc., and has been closed since July 17. Mr. Liu'sThe remaining class fee of the fitness card is 3537 yuan.
Head of Health Club.
Lu Moumou has been in a state of disconnection.
Ms. Liang, Mr. Liu and 110 other consumers.
Lodge a complaint with the Yubei District Consumer Council.
Request a refund of the lesson fee
Total 223.34 million yuan
The Yubei District Consumer Council thinksThe health club was closed and unable to provide fitness services to consumers as agreed in the contract, which constituted a fundamental breach of contract, but refused to refund the remaining class feesIt seriously infringes on the legitimate rights and interests of consumers, and therefore supports consumers in suing the operator of a health club in a class action lawsuit.
The gym does not have an official seal
Attempting to evade legal liability
The Council assists in identifying key evidence
Among the 110 consumers, 33 applied to the Yubei District Consumer Council to participate in the class action lawsuit, demanding a refund of 48,793 yuan in class fees. After the Yubei District Consumer Council discussed with the Yubei District People's Court, Ms. Liang, as the litigation representative, took the lead in submitting a complaint to the court, suing Chongqing Yuefei Company, the person in charge of the company, Lu Moumou, and the company's manager Wu to the courtThe court requested the defendant to refund the remaining lesson fee of $2,800.
October 23rd.
The case was heard by the court.
When the judge studied and judged the case, the judge found that the evidence submitted by the plaintiff, Ms. Liang, did not have the official seal of the defendant Chongqing Yuefei Company, nor did it have the signature of the defendant Lu Moumou, so it did not form a complete and rigorous chain of evidence, so the plaintiff and the Consumer Council were required to supplement the relevant evidentiary materials.
According to the analysis of the Yubei District Consumer Council, the defendant Chongqing Yuefei Company did not affix the official seal and the defendant Lu Moumou did not sign, the purpose of which was to evade legal responsibility. In order to recover the economic losses of consumers, the Yubei District Consumer Council assisted consumers in collecting evidence in various aspects.
On November 7, the staff of the Yubei District Consumer Council, Baoshenghu Branch, consumer representatives and others came to the fitness club together and collected the previous transfer agreement of the fitness club, more than 300 fitness service contracts, and the consumer's alarm receipt for Chongqing Yuefei Company's running away with money. According to the transfer agreement, on August 20, 2022, the outsider Chengdu Jingjie Sports Culture Communication *** Chongqing Branch transferred the fitness club to Lu Moumou to operate.
On November 10, the Yubei District Consumer Council inquired from the Yubei District Labor Arbitration Commission about a labor dispute arbitration case in which Chongqing Yuefei Company owed employees wages, proving that Lu Moumou was the actual operator of Chongqing Yuefei Company and the fitness club.
"Combination of mediation and judgment".
Urge the defendant to refund the tuition fee
After the Yubei District Consumer Council submitted the above two pieces of evidence, the court heard the case for the second time on November 23.
The court investigation showed that Chongqing Yuefei Company had no funds in and out after opening a bank account, and the account balance was only 10$43 is not enough to pay off the debt to the plaintiff. After the defendant Lu XX privately collected the class fee paid by the plaintiff, he did not transfer it to the account of Chongqing Yuefei Company, which constituted an abuse of the independent status of a legal person, evaded debts, and harmed the interests of creditors, and should be jointly and severally liable for the debts of Chongqing Yuefei Company in accordance with law. The official seal stamped on the fitness service contract is the "special seal for the collection of Chongqing Laimeijian Fitness Club", but "Chongqing Laimeijian Fitness Club" has not been registered with the market supervision department, and is not a natural person, legal person or unincorporated organization as prescribed by law, and cannot be identified as the operator of the fitness club.
On December 12, the court heard the case for the third time and made a first-instance judgmentThe defendant Chongqing Yuefei Company was sentenced to refund Ms. Liang's class fee of 2,600 yuan, and the defendant Lu Moumou was jointly and severally liable for repayment.
The reporter learned that in the next step, the Yubei District People's Court and the Yubei District Consumer Council will use a combination of mediation and judgment to urge the defendant Chongqing Yuefei Company and the defendant Lu to actively negotiate with the 32 other consumers who are ready to sue and return the remaining class fees to consumers.
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Produced by the editorial department of China Consumer Daily.
* China Consumer Daily, China Consumer Network.
Reporter Liu Wenxin.
Edited by Li Xiaoyu.
Producer: He Yongpeng, Ren Zhenyu.