The leakage of the heating package caused a dispute, and the neighbor was cleverly mediated to release the suspicion
On March 4, Xie Mou, a resident of the 147th Regiment of the Eighth Division, held the hand of mediator Li Juwu and kept expressing his gratitude and said: "Thank you, because of your timely mediation, the troublesome incident of water leakage upstairs finally had a successful result."
It turned out that Xie Mou, a self-employed entrepreneur on the first floor of the curtain shop, and Song Mou on the second floor were originally neighbors up and down the floor of the happy community, but because of the leakage of Song's heating bag, the fabric and roof of the curtain shop operated by Xie downstairs suffered losses. Looking at the soaked and stained fabric, Xie felt uncomfortable, looking for Song to theorize, hoping that Song would pay 10,000 yuan for losses, Song thought that Xie's claim for compensation was too high and unfounded, purely unreasonable, and rejected Xie's request for 10,000 yuan in compensation, and found the community mediation committee and the police station in the jurisdiction to mediate unsuccessfully. In desperation, Xie came to the 147th Regiment Judicial Office for help.
In order to find out the facts of the case and relieve Song's doubts, mediator Li Juwu proposed that the parties go to the scene to count the name, type, number of meters, the degree of pollution soaked in heating water and the damaged area of the roof to conduct on-site investigation, register by category, and at the same time contact the supplier and wholesaler in Wushi to upload all kinds of cloth **, and conduct item-by-item inventory and list the details, a total of 23 items of about more than 8,800 yuan. Back in the mediation room, the mediator communicated with the two parties through a "back-to-back" method, Li Juwu learned that Song had a dispute two years ago due to the leakage of Xie's house due to the rupture of the kitchen sewer pipe, and Song promised to pay attention in the future that similar things would not happen again, Xie forgave Song, Xie found someone to restore the damaged roof to its original state, but this happened again within two years, and caused damage to the fabric in Xie's store, Xie was very angry.
Through repeated exchanges and communication with both parties, the mediator found that Xie and Song had the need to solve the problem through mediation, and the mediator focused on explaining the relevant laws and regulations to them, according to Article 84 of the Civil Code: "The adjacent rights holder of immovable property shall correctly handle the adjacent relationship in accordance with the principles of conducive to production, convenient life, solidarity and mutual assistance, fairness and reasonableness". Article 237: "Where damage is caused to immovable or movable property, the right holder may request repair, reconstruction, replacement or restoration to its original state in accordance with law." Article 238: "Where a real right is infringed upon, causing damage to the right holder, the right holder may request compensation for damages in accordance with law, and may also request to bear other civil liabilities in accordance with law. And Article 1184: "Where the property of others is infringed upon, the property loss shall be calculated in accordance with the market or other reasonable methods at the time of the loss." Explain the law and reason to both parties.
After some patience to explain the law with the case, Song expressed his willingness to bear the compensation and repair costs for the damaged part. When the two parties disputed again when discussing the amount of compensation, the mediator patiently explained and persuaded the two parties from many aspects such as emotion, reason, and law, classified the damaged fabrics according to severe, moderate, and slight, and warned Xie to dry the soaked fabrics in time, which would inevitably cause greater losses due to mildew. From the perspective of neighborhood relations: "Distant relatives are not as good as close neighbors, upstairs and downstairs do not look up and look down." Because your heating bag is leaking, it has indeed soaked the fabric downstairs. I used to live up and down the stairs, because it was unpleasant and not worth ......If there is a problem, we will communicate patiently, actively solve it, and both sides will have more understanding and tolerance, and big things will become small things. ”
Through the mediator's patient communication and coordination, both parties recognized their own problems, gradually narrowed the differences between the two parties, and untied their knots, saying that they would not affect the neighborhood relationship because of this matter. In the end, a consensus was reached, and Song compensated Xie for a one-time loss of 4,600 yuan in fabric discount through WeChat transfer on the spot, and promised to repair Xie's damaged house to its original state at the end of April.