Original title: The group complained about the toilet quality but became the defendant (quotation)

Don't worry! Judge Teaches You to Protect Your Rights Correctly (Theme)

Shangqiu Daily Financial Media Reporter Wang Bingliang Xiaochen Correspondent Cao Pingping

How do you feel if you buy goods with poor quality, but the problem can't be solved for a long time, and you complain and complain but are accused in court? So, how can you complain so that you won't break the law? How to defend your rights after complaining? Don't worry, Su Yang, a judge of Yongcheng People's Court, taught you the correct "open way" to complain and protect your rights with a case.

Complaining about toilet quality

Pay XX to buy a smart toilet of a famous brand in a kitchen and bathroom store in Yongcheng City. From July 2021 to August 2023, the toilet has many problems such as poor flushing, hot seat, tripping of the whole house after power connection, and automatic flushing without use. Fu has complained to the plaintiff for no less than 20 times through the 12315 platform. Although the toilet has been repaired by the plaintiff for many times, there are still problems.

On August 20 and 22, 2023, Mr. Fu complained about the quality, after-sales service, and difficulties in safeguarding the rights of the closets purchased in the community and the community owners, and suggested that everyone purchase carefully.

After the kitchen and bathroom store found out, it will pay XXX to sue the court for stopping the infringement of reputation, apologizing and compensating 100000 yuan for losses.

After hearing, the court held that: the toilet purchased by the defendant had problems for many times, which had not been repaired although it had been repaired, seriously affecting the life of the defendant. When the defendant was in the dilemma of rights protection, when WeChat group complained about the plaintiff's product quality and after-sales service, it also did not exceed the normal evaluation range of consumers. The plaintiff has no evidence to prove that the defendant has fabricated or distorted the facts to infringe his reputation, nor has there evidence to prove that the defendant's behavior has led to the reduction of his social evaluation. Proceeding from the constitutive requirements of infringement of reputation right, it is determined that the defendant has neither infringement nor infringement result, and the judgment rejects the plaintiff's claim according to law.

Consumers can properly exercise the right of evaluation

Su Yang, a judge of Yongcheng People's Court and a second level judge, told the reporter that the protection of consumers' legitimate rights and interests is not only reflected in supporting consumers to safeguard their rights according to law, but also in affirming that consumers exercise their right to evaluate properly. It is not easy to identify consumers' normal evaluation behavior as an infringement of the reputation of operators.

As a consumer, when the quality of the goods purchased has repeatedly failed and the after-sales service is not in place, the complaints about the quality of the goods and after-sales service on the WeChat group, friends circle, Tiao Yin and other network platforms should be fully understood and understood, even if there is something inappropriate.

The exercise of the right of evaluation on consumers should not be overly demanding. A slight deviation of facts, artistic exaggeration, etc., different from fabrication, distortion and slander, should be given enough space for evaluation and a considerable degree of tolerance to consumers.

Complaining should be appropriate and right

Here, Su Yang reminds consumers that their complaints should be true and appropriate. The overall statement of the consumption process should be authentic and should not go beyond the scope of consumers' normal evaluation. They should not use fictional facts, exaggerated facts and other ways to make descriptions that are inconsistent with the actual situation. They should not use vulgar and fierce words to abuse. Otherwise, It may damage the reputation of the business subject and cause infringement.

Su Yang said that the right protection needs a correct "open way". Consumers can first negotiate with merchants to solve the problem. On the basis of equality, voluntariness and mutual understanding, consumers can present facts, reason and divide responsibilities to reach a settlement. If the settlement fails, they can seek help from the streets, communities, police stations, conflict mediation centers, and the court's source of complaint management circuit, which can organize mediation, or complain to the regulatory authorities, or sue to the court to safeguard their legitimate rights and interests.