In Anyang, Henan Province, a woman was dining at a restaurant when she found that the fried noodles she ate were suspected to have male hair. When the woman approached the restaurant theory, the restaurant owner thought that the woman was making a malicious complaint. After the woman called the police, the restaurant paid 100 yuan. After the woman posted her experience online, netizens questioned how the woman could tell with the naked eye whether it was male hair or a woman.
*: Xiaoxiang Morning News).
When a woman went to a restaurant to consume, she ordered a fried mein to eat. But who would have thought that in the process of eating noodles, the woman found that there was male hair in the fried noodles.
Immediately after the incident, the woman asked the restaurant owner for an explanation. But the restaurant owner believes that the woman is deliberately finding fault, and may even be trying to extort money.
The woman immediately called the police for help, and in the end, the boss paid the woman 100 yuan.
Afterwards, the woman posted her experience on the Internet, but what the woman didn't expect was that after she posted her experience, not only did she not get the support of netizens, but was even questioned by many netizens, how did she use the naked eye to distinguish whether the hair was female or male?
The woman felt very aggrieved, and explained in the comment area: "When I got home, I vomited a few times and cried, and I just felt too disgusting." ”
The woman also emphasized that she did not want to get the 100 yuan compensation, mainly because the restaurant owner's initial attitude was unwilling to admit his mistake, and he thought that he was maliciously complaining, and he called the police for help in order to prove his innocence.
But afterwards, the staff of the restaurant responded: It was indeed paid 100 yuan to the woman, but the woman did not bring the hair, and she did not see the hair.
1. Netizens have different opinions on this matter.
Some netizens think that if the woman is not for money, then why would she charge this 100 yuan? How do you tell with the naked eye that it is male hair? Ever since a woman maliciously complained about eating hot pot with her own hair, I felt that it was necessary to use DNA to prove her innocence in order to be fully convinced.
Some netizens also think that if the restaurant is right, why would they be willing to pay the woman 100 yuan? It is estimated that there is a foreign object, but it is not confirmed whose it is. But some netizens believe that it cannot be ruled out that the restaurant wants to calm things.
2. So from a legal point of view, how to evaluate this matter?
First of all, when consumers go to the restaurant, regardless of whether the food provided by the restaurant is male or female hair, it is a food that does not comply with the provisions of the Food Safety Law and is regulated by the Food Safety Law.
Paragraph 2 of Article 148 of the Food Safety Law clearly stipulates that those who produce or sell food that does not comply with the provisions of the Food Safety Law shall be refunded one and compensate ten, and if the ten times the compensation amount is less than 1,000 yuan, the compensation shall be 1,000 yuan.
In other words, if what the woman said is true, then the compensation she should receive should not be 100 yuan, at least 1,000 yuan, and her expenses such as going to the hospital for physical examination should be borne by the restaurant operator.
Article 40 of the Consumer Rights and Interests Protection stipulates that if the legitimate rights and interests of consumers are damaged when purchasing or using goods, they may claim compensation from the seller.
Second, if a dispute arises between a consumer and a business operator over a consumer issue, the law calls it a civil dispute, which is regulated by the Civil Law and relevant judicial interpretations and other legal provisions, and there is no objection.
Article 67, paragraph 1 of the Code of Civil Procedure stipulates that the parties have the responsibility to provide evidence for their claims.
In short, the woman's claim that the restaurant provided her with food that did not comply with the provisions of the Food Safety Law is, in principle, to provide evidence such as meal payment records to prove that her legitimate rights and interests have been infringed, and the evidence must be able to prove her claim before her claim can be established and supported by the law.
Finally, some netizens believe that judging by the fact that the woman only received 100 yuan in compensation, not 1,000 yuan, the estimated evidence is insufficient, otherwise, how could the woman give up the right to get 1,000 yuan?
Of course, if the consumer does it on purpose, the nature changes! This is indeed an illegal act of extortion.
Article 49 of the Public Security Administration Punishment Law stipulates that anyone who extorts public or private property shall be detained for 5-10 days and may be fined up to 500 yuan; where the circumstances are more serious, they are to be detained for 10-15 days and may be concurrently fined up to 1,000 RMB.
The most difficult issue for consumer rights protection is the issue of evidence collection. That is, if a woman really finds that there is hair in the fried noodles, do not touch it, do not draw conclusions, and directly report to the police or complain to the competent authority, which is the best policy.
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