"We got a membership card at the gym, but the gym closed after a few visits, and the owner couldn't find it, we reported the problem everywhere, and it was not solved, can you help us?"One day in July 2023, Hang Moumou and Zhao Moumou came to the civil support prosecution studio established by the Echeng District Procuratorate in the Echeng District Comprehensive Management Center to apply for support for prosecution.
Real case express
The gym is closed and "runs".
After accepting the case, the district procuratorate's "Houqun" civil bank studio investigated and collected evidence one by one on the 77 consumers who applied to support the prosecution convened by Hang and Zhao. After investigation, Ezhou Lai Moumou Swimming *** was registered on February 15, 2022, and collected a large number of consumers from March to July of the same year to apply for prepaid cards, and at the end of August, in the case of not returning the prepaid card to consumers, the company closed its doors and closed its business, and the operator lost contact, and 77 consumers had no way to ask for more than 20 yuan for prepaid cards. In the face of continuous complaints from consumers, the market supervision department contacted the company's legal representative Feng Moujia many times after calling ** and sending text messages to no avail, and consumer rights protection was once deadlocked.
The prosecutor skillfully found out the truth
How to contact the company's operators as soon as possible and find a breakthrough in the case is the first difficult problem in front of the case-handling personnel. In the process of investigation and evidence collection, there was a detail that attracted the attention of the prosecutor, a consumer mentioned that the legal representative of Lai's company was slightly chubby and about 40 years old, and the information retained by the industrial and commercial department showed that the legal representative Feng Moujia was emaciated and 27 years old. Is Feng Moujia a "named" legal person of the company?The truth needs to be ascertained urgently.
The prosecutor who undertook the case immediately went to Feng Moujia's place of residence in Tuanfeng County, Huanggang City, and his place of work in Jingzhou City, Hubei Province, to conduct an on-the-spot investigation, and learned that Feng Mou A was a college student who had just graduated, and his brother Feng Mou B had been engaged in the fitness operation industry, and the actual operator of Lai's company was actually Feng Mou B. Strike while the iron is hot, on the one hand, the prosecutor who undertakes the case gets in touch with Feng Mouyi with the help of the public security organ's big data investigation methods, and on the other hand, tracks the whereabouts of the consumer's card application money and locks the collection account. After patient and meticulous investigation, the facts of the case finally surfaced.
It turned out that the actual controllers of Lai's company were partners Feng Mouyi and Xu Mouying, and Feng Mouyi operated the company as Feng Mou A. After the establishment of the company, it did not set up a corporate account in the People's Bank of China, did not establish a standardized financial system, the financial accounts were chaotic, and the consumer's card application fees were collected by multiple Alipay and WeChat accounts, and were controlled and controlled by Feng Mouyi and Xu Mouying, and part of the funds flowed into the personal accounts of the two.
Support the prosecution and support the consumer
The prosecutor believes that Lai's company closed down after receiving the prepaid card payment, and was unable to provide fitness services, resulting in the failure to achieve the purpose of the contract, which is a fundamental breach of contract, and the consumer has the right to sue Lai's company to demand the termination of the contract and the refund of the prepaid card payment. Feng Mouyi and Xu Mouying are the actual operators of the company and have charged prepaid card fees, and should be jointly and severally liable for the company's debts. Feng X A is the "named" legal representative of Lai's company, and should also bear the corresponding civil liability.
On October 11, 2023, the Echeng District Procuratorate issued a letter of support to the Echeng District Court, supporting 77 consumers including Hang Moumou to sue Lai Moumou Company, Feng Moumou A, Feng Mou B, and Xu Mouying, demanding a refund of the prepaid card payment. On the 24th of the same month, with the joint efforts and witness of the procuratorate and the law, the consumer representative reached a settlement agreement with Feng Mouyi and others to refund within a time limit, and the Echeng District Court made a civil mediation document based on the content of the settlement agreement, and the case came to an end. Subsequently, the Echeng District Procuratorate will continue to follow up on the implementation of the settlement agreement.
The Echeng District Procuratorate will continue to implement the judicial concept of "people-centered" in the process of performing its duties, further explore new paths for handling civil support prosecution cases, and solve the people's worries, worries, and worries with affection and strength, and make every effort to protect the people's good life.
* |Echeng Procuratorate.