According to the advertisement of the circle of friends, a woman spent 50,000 yuan in a beauty shop to inject *** products, but she was unwell, and then underwent prosthesis implantation surgery in a hospital in Fuzhou. The woman believed that she had been deceived and sued the beauty shop and the person who injected her ** product to the court for triple compensation.
Recently, the People's Court of Ruijin City, Jiangxi Province, reported that the three defendants provided medical beauty services without the qualifications for injection medical beauty services, and their actions constituted fraud, so they ruled that the woman could be compensated according to three times the service fee, that is, 150,000 yuan.
According to the brief facts of the case reported by the Ruijin Municipal People's Court, the plaintiff Xiaomei often went to the beauty salon operated by the defendant Wen for beauty and skin care, and was a frequent customer in the store. One day, the plaintiff saw Wen's circle of friends release ** products, so he consulted Wen, Wen told Xiaomei that the husband and wife from a certain province (defendant Yang, defendant Chen) would do this project, Xiaomei agreed to do ** surgery, Wen invited Yang and Chen to do ** service for Xiaomei in their own store, and then, the two couples injected ** products into Xiaomei three times and charged 50,000 yuan**.
*Shortly after the end of the service, Xiao** felt unwell, and the defendant said that Xiaomei's body could not absorb the injection ingredients and needed to be implanted. Xiaomei then went to a hospital in Fuzhou for prosthesis implantation. But after that, the small ** part did not improve, so I went to the hospital for ultrasound examination, which showed that the feedback was anechoic in both breasts, and it was necessary to recheck regularly.
Xiaomei felt that the purpose of becoming beautiful was not achieved, but had an impact on her body and mind, and believed that the three defendants were fraudulent, and filed a lawsuit with the Ruijin Court demanding that the three defendants compensate for their losses according to three times the service fee.
After trial, the Ruijin Court held that the business scope of the beauty shop operated by Wen was beauty, nail services, cosmetics and skin care products, and there was no ** qualification. Wen posted a ** recharge advertisement in the circle of friends, inviting defendants Yang and Chen to provide ** services to Xiaomei, the purpose was not ** disease, but to meet the needs of life to beautify the appearance, which has obvious consumer characteristics. According to the law, the beauty salon operated by Wen does not have the business qualification of injectable medical beauty services, and does not have the qualifications to carry out medical beauty services. Chen and Yang provided medical cosmetology services to Xiaomei without the qualifications to carry out medical cosmetology services, and Xiaomei claimed that there was fraud, and this court supported it, and then ruled that the three defendants should compensate the plaintiff Xiaomei according to three times the service fee, that is, 150,000 yuan.
After the court's decision, none of the parties appealed, and the judgment has entered into force.
Legal Notice: Paragraph 1 of Article 55 of the Consumer Rights and Interests Protection of the People's Republic of China**.
Where proprietors commit fraud in providing goods or services, they shall increase compensation for the losses they have suffered in accordance with consumers' requests, and the amount of increased compensation is three times the price of the goods purchased by the consumers or the cost of the services they received, and where the amount of increased compensation is less than 500 RMB, it is 500 RMB. Where the law provides otherwise, follow those provisions.
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