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According to Article 40 of "Law on Protecting Rights and Interests of
Consumers", if operators intentionally put off or reject ungrounded the demand
from consumers to repair, redo, exchange, refund for the purchased goods or make
for the loss of goods, the operators should undertake civil responsibilities. By
saying "intentionally put off or reject ungrounded", it refers to the activity
in which operators are fully aware that they are responsible for such
obligations as refunding goods, etc., but they don't implement the
responsibilities promptly or they reject to do it without any acceptable reason,
which results in the fact that consumers can not realize their legal rights and
interests. It is the behavior of violating against legal rights and interest of
consumers if operators intentionally put off or ungrounded reject the consumers'
reasonable demand for refunding, and consumers can settle the dispute by asking
consumers association for mediation or submitting the case to arbitral organ for
arbitration, or going to the people's court for legal action and asking
operators to bear civil responsibility.
Meanwhile, consumers can settle the disputes by going through administrative
procedures. According to Article 50 of "Law on Protecting Rights and Interests
of Consumers", if operators intentionally put off or reject ungrounded the
demand from consumers to repair, redo, exchange, return back the purchased goods
or make for the loss of goods, refund or claim for compensation, the operators
will be punished by administrative department on industry and commerce. From the
regulation, it reflects that administrative organs are protecting legal rights
and interests of consumers. With the regulations, when sellers ignore consumers
demand for refund, consumers can directly file in a complaint to administrative
department on industry and commerce and ask for administrative punishment on the
seller. |