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·China Consumers Association: Shared bicycles should be refunded
Some consumers have asked the Consumers Association to file a lawsuit.
How to protect consumer rights after the bankruptcy of a shared bicycle company and its suspension? Is it difficult to return a shared bicycle deposit? Is it possible to file a public interest lawsuit? On December 1st, China Consumers Association held the "Shared Bicycle Problem Symposium" to study the solution to the problem of sharing the consumer deposit in the bicycle field. The participating experts called on the relevant departments to formulate a legal system for third-party supervision and custody of deposits and advance payments as soon as possible.
Consumers want to eliminate the lawsuit
Dong Zhuli, deputy secretary-general of China Consumers Association, said that since June of 2017, Wukong, Staring, Cool Ride, Xiaolan, Xiaoming and other shared bicycle companies have encountered difficulties in operation, and the deposit has been difficult to retreat. “Especially, in the near future, the Consumers Association has received a large number of letters from consumers about the difficulty of sharing the bicycle deposit, and inquiries, and some consumers have written to expressly request the Consumers Association to file a lawsuit.†As of November 30, about the country of Cool Cycling The number of consumers who have complained has exceeded 210,000, and the number of complaints from the Tongzhou District Consumers Association has reached 11,000, and 3,125 have been resolved.
Dong Zhuli said that despite the extensive communication and coordination work done by local consumer associations, many consumers returned the deposits with the help of the Consumers Association. However, there are still a large number of consumers facing the situation that the deposit is difficult to return. "Recent complaints in this area are still increasing. I will once also send a letter to Cool Bike, and confirmed that Cool Bike has received our investigation letter and went to the headquarters of Cool Bike for a field investigation a few days ago. I found that people have gone to the building."
On September 17, Tongzhou Industrial and Commercial Branch set up an emergency team for Cool Cycling. On that day, Cool Cycling was included in the “blacklist†of the National Enterprise Credit Information List on the grounds of “providing false informationâ€. On November 1st, the Tongzhou Consumers Association held a third round of talk about cool cycling. However, at this time, there was a large-scale resignation of the cool-riding bicycle, and the customer service was gone. It was no longer able to cooperate with the mediation of the Consumers Association. During this period, consumers can also go to the Wanda Plaza cool cycling office to refund. However, on November 19th, Cool Cycling issued a statement again. Consumers had to return the deposit and only went to Chengdu, Sichuan. At the same time, three mobile phone numbers were announced, but these three mobile phone numbers are difficult to get through.
Experts recommend a public interest litigation
Cao Sanming, former deputy dean of the National Judges College, said that the act of collecting a deposit by a shared bicycle company can be regarded as applying the relevant provisions of Chapter 13 “Lease Contract†of the Contract Law. The deposit collection standard also meets the requirements of the corresponding national regulations. Cao Sanming calculated an account, and the deposit for each person in the Moby bicycle was 299 yuan. According to reports, by July of this year, the number of people using Mobai was nearly 40 million. In this way, the amount of deposits collected is nearly 12 billion yuan, which is equivalent to the deposit size of a city bank. If it is not properly managed, it will cause great damage to consumers. Is it possible to file a public interest lawsuit against the problem that the shared bicycle deposit cannot be returned? Cao Sanming believes that the nature of the non-refundable deposit is "the act of harming the public interest of the society. It fully complies with the laws and regulations of public interest litigation. Especially for every bicycle consumer, it is a lawsuit for hundreds of dollars. The cost of litigation is too high. Therefore, such cases are best for public interest litigation."
Need to be governed by the competent government authorities
Qiu Baochang, a lawyer at Beijing Huijia Law Firm, also believes that it is worthwhile to discuss whether the sharing of bicycle deposits and the settlement of these funds and other financing are worthy of discussion. “The relevant departments should regulate the deposit collection as soon as possible. Limiting blind investment by companies and eliminating the risk of market investment being out of control."
Chen Fengxiang, director of the Complaints and Social Supervision Department of the Beijing Consumers Association, said that as the first responsible person, the bicycle company should refund the consumer deposit and pre-sale money according to law. "You can't go away, explain the truth to consumers in a timely manner, make feasible measures and timetables, repay the money, and report regularly. No company has the right to use consumer deposits and advance receipts. The cruelty of the sharing economy. Competition cannot be paid by consumers.†Chen Fengxiang said that it is impossible to cure by relying on the Consumers Association. It requires social co-governance. It is recommended that the government coordinate the competent authorities of the industry. On the one hand, it urges bicycle companies to assume the main responsibility, and on the other hand, adopts administrative measures. Use judicial means to promote the resolution of problems as soon as possible.