It is said that buying a house and decorating it are troublesome. Ms. Dou and her husband, both citizens of Nanjing, are in their 60s this year. They bought a suite in Jiangbei in 2016. Unexpectedly, they encountered a series of troubles in the process of decoration, which have not been solved until now. At that time, they found a decoration company called "tiandihe" and paid a reservation of 10000 yuan. Originally, the two parties agreed to finish the decoration within a week. Unexpectedly, the designers designated by the other party had changed one after another: the first two designers broke the appointment because of temporary things. The third designer came up with the design plan and talked about the price with the old couple before he arrived at the scene. Consumers feel that this decoration company is too unreliable, so they don't want them to do decoration. I didn't expect to encounter more wonderful things in the process of refunding...
Yangzi Evening News all media reporter Jiao zhe
bad decoration worries
designers "stood up"
MS Dou told reporters that in April 2016, they found a decoration company called "tiandihe" near Nanjing Yuantong subway station through advertisements to decorate the new house located on Liuzhou East Road, Pukou
"we didn't want to pretend too well, so we planned to make it simple at that time, and the construction period was planned to end in a week." Ms. Dou said that at that time, the decoration company promised that it would be done within a week, so they paid a reservation of 10000 yuan according to the other party's requirements. I didn't expect a series of unexpected things to happen later
after the reservation contract was signed, the decoration company appointed a designer for them, but the other party didn't continue to work after measuring the house. He called him and said that he had been transferred to Shenzhen, and he didn't do this list; Then the other party appointed a designer to MS Dou. I didn't expect the same situation as the first time. The designer did not show up after measuring the house, saying that he had been transferred to Chongqing
"the above two designers only came to our house for measurement, but they didn't discuss the design scheme with us. I didn't expect that the third designer sent by this decoration company to us was even more outrageous. People came up with the design scheme and negotiated the price with us before they came to our house for measurement. We certainly didn't agree." MS Dou said
wanted to refund the full amount, and the other party put forward a wonderful request
in this way, the decoration that consumers originally planned to "finish" within a week was delayed for more than two months. The construction did not progress by one point, and the designer changed three
Ms. Dou said that after the decoration company received their 10000 yuan deposit, it was like "nothing happened". Every time they communicated, their old couple took the initiative to call and ask about the progress. Such a decoration company has made them lose trust, not to mention the design scheme put forward by the third designer before he arrived at the scene did not meet their design requirements, so they decided not to let this decoration company do it and asked for a refund
after many negotiations, the decoration company only refunded them 6000 yuan in June 2016. For the remaining 4000 yuan, the decoration company said that Ms. Dou and his wife had other houses to decorate, or introduced other customers to their company for decoration, and this 4000 yuan can "deduct" part of the reservation
"we only have such a house ourselves, and there are no other houses to be decorated. We have asked many relatives and friends for more than a year, and no one wants to decorate. We can't find it!" Speaking of the 4000 yuan, Ms. Dou seemed both angry and distressed, not to mention that she couldn't find new customers. Even if someone wanted to decorate, they couldn't recklessly introduce an unreliable decoration company to each other for their 4000 yuan. In desperation, consumers contacted the reporter of the consumption jury of Yangtze Evening News, hoping that the reporter could help them to discuss a "statement"
the company has just opened, and its personnel have been transferred frequently, and the reservation money will not be refunded
in the afternoon of March 3, the reporter of Yangtze Evening News contacted the after-sales person in charge of the decoration company. The person in charge explained that when the customer signed the reservation contract, his company had just arrived in Nanjing for development, and personnel were frequently transferred, so it was normal to change three designers
but the reservation contract at that time has indicated that the reservation fee will not be refunded. Moreover, although the house decoration construction of Ms. Dou and his wife has not been carried out, their company has actually carried out measurement, design, budget and other related work for them. They made concessions and compensated the other party 6000 yuan in consideration of the other party's age
the remaining 4000 yuan, if the customer has house decoration in the future or can introduce them to the decoration project, then this 4000 yuan can "deduct" part of the reservation money in the new decoration project - that is, only 6000 yuan needs to be paid when signing the decoration reservation contract
the after-sales person in charge also said that the customer had complained to the industrial and commercial department about this matter. Their company is willing to negotiate friendly with customers to eliminate contradictions under the mediation of the Department of industry and Commerce (Consumer Association)
consumers to pay attention to keeping contracts, invoices and other vouchers
then, is there any content of "non refundable deposit" in the decoration reservation contract signed by Ms. Dou and the decoration company at that time
the reporter asked the consumer about this. The other party said that the reservation contract was written on a piece of paper. He didn't have it on hand now and didn't take photos at that time
during the interview, the decoration company said that it would send relevant materials to the reporter's mailbox before noon on March 4, but as of the evening of March 4, the reporter had not received them before the press release
lawyer raofenbin of Jiangsu Jiurun law firm commented on this consumption dispute: the focus of the problem is whether there was a so-called "reservation contract" between consumers and decoration companies at that time, and how the contract was agreed
Lawyer Rao analyzed that the 10000 yuan "deposit" paid by the parties is called "contract deposit" from the legal level, also known as "contract deposit". That is, in order to ensure the conclusion of the contract, according to the agreement of both parties, before the conclusion of the contract, one party shall pay the other party money in advance according to a certain proportion of the contract amount - if there is factual evidence that the formal decoration contract of both parties cannot be signed because of the responsibility of the decoration company, then from the legal level, the decoration company should return twice the "advance payment", that is, 20000 yuan; On the contrary, if the factual evidence shows that the formal decoration contract between the two parties cannot be signed because of the consumer, or the consumer unilaterally reneges and is unwilling to sign the contract, then the law does not support the recovery of the 10000 yuan "deposit"
lawyer Rao specially reminded consumers that they should be aware of evidence, and pay attention to keeping relevant vouchers such as contracts and invoices when consuming, so as to avoid disputes in the future, failure to provide effective evidence, and "war of words" with businesses. In the final analysis, if the negotiation fails in the end, it should be solved through legal means, which still depends on "evidence"