There are many prepaid consumption routines, and it is easy for consumers to pay money and difficult to refund. The procuratorate properly resolved the mass consumer dispute through civil support for prosecution, and the case was closed. Recently, Feng Tao, a representative of the National People's Congress and the head of the information operation inspection squad of the Digital and Communication Work Department (Data Center) of the State Grid Shandong Liaocheng Power Supply Company, affirmed a civil support prosecution case involving prepaid cards handled by the Dongchangfu District Procuratorate of Liaocheng City, Shandong Province.
One day in 2019, a photography company in Liaocheng opened, and nearby residents have stored value here to apply for cards. In March 2022, consumers discovered that the photography company had suddenly ceased business, and more than 200 consumers had not yet fulfilled the photography services they had previously purchased, ranging from 399 yuan to 999 yuan. Just when consumers were looking for a way to find a boss, the store suddenly reopened, only to be told that the original photography ** could not be used normally. The consumer repeatedly asked for a refund of the cost of the photography service, but was denied.
Since then, consumers have complained to the "12345" citizens** more than 600 times, and reported the problem to the consumer association, but the problem has not been resolved.
Later, the consumer went to the public security organ to accuse the company of fraud, but the case was not filed. In March 2023, consumers came to the Dongchangfu District Procuratorate's "Baiyun ** Weimin Station" and applied to the procuratorate for supervision and filing a case on the grounds that the photography company was suspected of fraud.
Upon receipt of the application, the procurator of the court immediately launched an investigation. Lao Yang, the original operator of the photography company, said that the company was transferred to Xiao Tian at a very low **, and all rights and obligations should be borne by the new operator. The current operator, Xiao Tian, was also aggrieved: "When I took over at that time, Lao Yang didn't say that there were so many members to recharge!" According to this method, my company will not have to pay for death! ”
After investigation, the court held that the conduct involved in the case was a civil dispute and did not fall within the scope of criminal filing. The closure of the photography company, the transfer or refusal to perform the service contract to the consumer, and the failure to return the service fee, have harmed the legitimate rights and interests of many consumers, and it is recommended that the consumer resolve the dispute through litigation. After the consumer submitted an application in support of the prosecution, the court accepted it, and then coordinated with the local judicial bureau to provide legal aid to the consumer and help organize and summarize the claims and evidence.
After the consumer filed a lawsuit, the Dongchangfu District Procuratorate issued a letter of support for the prosecution. During the trial of the case, the procurator handling the case suggested that the presiding judge organize pre-trial mediation, and while fully discussing the facts of the case, he explained the law and reasoning to the two legal representatives of the photography company.
The prosecutor handling the case explained to the two legal representatives of the photography company that, according to the law, the photography company was a wholly owned company by natural persons, and Lao Yang, the original legal representative, signed a "Store Transfer Agreement" with Xiao Tian, the current operator, and handled the registration of the change of legal representative. However, the service fees of many consumers are paid during the operation of the original business operator, and the consumer service fees are all paid to personal accounts, so it should be deemed that the company's finances are mixed with the property of the original company's shareholders. Therefore, Lao Yang, the original operator, should be jointly and severally liable for the company's debts. The current operator, Xiao Tian, should also be jointly and severally liable for the company's debt because he acquired the debt equity in the commercial transaction.
At the end of October 2023, with the efforts of all parties, the two legal representatives of the photography company reached an agreement with consumers, some consumers accepted the photography company to continue to provide services, and the rest of the consumers were refunded the advance payment, and the case was successfully mediated and concluded.
In this regard, Feng Tao said that the Dongchangfu District Procuratorate has protected the rights and interests of consumers by supporting prosecution, legal aid, and explaining the law, and has also accumulated practical experience for the governance of new problems that continue to emerge in new fields, new formats, and new models.
*: Procuratorate** Voice Weekly Edition Author: Lu Jinzeng, Zhai Peipei, Yan Xudong).