Now the sharing bike market in China has been saturated, and even many problems have begun to appear. Among them, the difficulty in refunding the deposit is a problem faced by many sharing bikes. Recently, cool cycling was sued because of the difficulty in refunding the deposit. What's the matter?
Kuqi bike, previously known as the "bright blind" bike shared by local tyrants, failed to return the deposit. With new progress, it may be another solution for consumers who have basically accepted the training.
Ms. Mao of Hangzhou filed a lawsuit with the Hangzhou branch of Kuqi bicycle and the Beijing head office, demanding that the deposit be refunded one to three for cheating consumers. Kuqi Hangzhou branch is under the jurisdiction of Binjiang court. On November 28, Qianjiang Evening News reporter learned that the court had accepted the case four days ago.
At the beginning of May this year, Kuqi bicycle entered the Hangzhou market. The first version was the light version of green body blue seat. At the beginning of June, the "tuhaojin" version was launched. In terms of function, it also has a charging device, which can charge the mobile phone while cycling.
In September, there was a nationwide outbreak of non refundable deposits of Kuqi bicycles. Qianjiang Evening News reporter once interviewed the head of Kuqi Hangzhou branch. At that time, Hu said it was because of the software upgrade. At that time, a large number of consumers complained to the market supervision department. Kuqi Hangzhou company replied that the local branch was only responsible for the maintenance of bicycles, and the specific deposit management and platform operation were in the charge of Beijing head office.
A few days later, Mr. Hu was out of touch. Kuqi Hangzhou branch, originally leased on the 7th floor of Hangzhou Binjiang huashengda square, was empty overnight.
On November 20, Beijing head office announced three refund calls, but they were either shut down or unable to get in touch with each other. It was even reported that the deposit would be refunded at the scene of Beijing company.
Kuqi has introduced the third-party operator "Baike technology". It turned out that the operation of Kuqi bike was outsourced to byguest, and the deposit dispute continued to stay in Kuqi. But consumers still can't get in touch with Kuqi, and the deposit incident still hasn't progressed.
Consumer experience
Want to refund the deposit of 298 yuan
Found that the app background emptied the payment record
The plaintiff in this case, Ms. Mao, is one of many consumers. In August this year, Ms. Mao rented her first Kuqi bike.
The deposit of Kuqi bike is as high as 298 yuan, which is the highest among many shared bikes. The deposit of most other shared bikes is only 99 yuan.
Later, Ms. Mao felt that there were fewer and fewer Kuqi bikes in the market. In November, she wanted to refund the deposit and found that the app background had cleared the record of her deposit payment.
After searching the Internet, Ms. Mao knew that Kuqi had been haunted by negative news for a long time. She chose to take Kuqi to court.
The plaintiff's agent is Lin Penghong, the chief lawyer of Zhejiang Juren law firm. He said that the app service contract formed between the consumer and Kuqi bicycle is now a unilateral breach of contract by Kuqi, suspected of cheating the consumer. According to Article 55 of the consumer law, one refund and three compensation should be made, which is the idea of this lawsuit.
Lin said that at present, the wechat group of victims he knows has gathered more than 50 people, and everyone is waiting for the trend of the lawsuit.
As for the trend of this case, lawyer Lin predicted that because the amount is small, one refund and three compensation will not be more than one thousand yuan, and the case is likely to be settled.
Lawyer's statement
This kind of shared Bike Crashes
No refund of deposit or sentence
Legal experts have expressed concerns about the crash of such shared bikes. Because this kind of APP service disputes often involve a large number of people, and the legal relationship is novel.
Take Kuqi bicycle as an example. According to the data previously published by the company, as of August this year, the company has launched more than one million bicycles, with more than 10 million registered users. Each user needs to pay a deposit of 298 yuan. If all registered users have paid the deposit, the total amount of the deposit involved is nearly 3 billion yuan.
It involves huge funds, which makes it possible for civil cases to be transformed into criminal cases.
It is stipulated in the contract law that, because the nature of the deposit does not belong to the enterprise, its nature and rights still belong to the consumers. If the client's deposit is used for other purposes of the company, it is suspected of 'illegal occupation'.
If the company aims at the deposit at the beginning of its establishment, its nature is even worse and it is suspected of 'fraud'. Once suspected of fraud, the person in charge of the company may face indefinite punishment.
Judging from these situations, the trend of this case of Binjiang court is more anticipated.