The court session was about to begin, and everyone entered the courthouse quickly without saying much. In the familiar Civil Court No. 2, Zhou Yi had already walked to the attorney's office and sat down with ease, his skillfulness making people feel distressed.
His parents are the real plaintiffs in this case, and Zhou Yi and Fang Dazhuang are just litigation agents.
According to the Civil Procedure Law, close relatives can act as agents.
Not long after, Li Xusheng walked in with a stern face. Zhou Yi looked up and asked, "Are you the only judge in the civil court of Guangming District Court?"
This production team's... they can't be used so quickly.
Li Xusheng looked at Zhou Yi expressionlessly. There were fewer cases recently than before, and the overtime was not as severe. He was really thankful. At least he could have a good rest.
Although judges also need performance, if a guy suddenly appears and gives you a year's performance in one month, do you think you would hate him or not?
Thinking about the overtime work during the cyberbullying incident last month, it was really painful.
"Okay, court is now in session!"
Both parties have decided to reject mediation.
The presiding judge is Li Xusheng, and next to him are the judges and the people's jurors. This is a standard collegial panel.
As for the previous court hearing where only Lao Li was present, that was done using simplified procedures.
After the routine procedures, the evidence presentation and cross-examination stage began.
According to the principle of "he who asserts must provide evidence", Fang Dazhuang naturally began to present evidence.
In addition to evidence such as the other party's company's domicile and legal representative, Zhou Yi's main evidence includes the contract, and video and audio evidence shot by Zhou's father and mother in the car, in shopping stores, and other places.
And the words that salesperson Zhou Xiaoxiao said when she was promoting the product at the very beginning.
To be honest, Huo Pengfei had already prepared these evidences, such as the contract.
"I have no objection to its authenticity, but I do have objections to its probative value. The contract does not explicitly stipulate that the tour group is not allowed to shop, and there is no agreement on the liability for breach of contract by related parties. Therefore, it is impossible to prove that this tour group engaged in consumer fraud."
He had two lines of defense. The first was the contract itself. Just as Zhou Xinran had seen before, this contract was not very complicated.
It mentioned the pure play group, but Huo Pengfei focused on the agreement between the two parties and did not say not to go to the shopping store. This is the key point.
The second is the video evidence.
To be honest, there are not such strict requirements for evidence or means of collecting evidence in civil matters in our country.
This involves the Western theory of the fruit of the poisonous tree. Can the fruit from a poisonous tree be eaten?
However, our country does not have a one-size-fits-all approach to this aspect. For example, if you secretly take video evidence, the judge will not directly deny it.
However, Huo Pengfei can still use this reason to cross-examine and refute.
These videos of yours were all secretly filmed, so their evidentiary value is questionable.
Then, because of your parents' secret filming, the tour guide insulted you.
Therefore, if you want to claim compensation for mental damages, you should go to the tour guide. The defendant is not qualified.
Huo Pengfei had prepared all these evidences, but what caught him off guard was a piece of evidence submitted by Attorney Fang on the last day of the evidence submission deadline.
Those are the sales records and reviews of the "Xing Tianxia" travel agency on a third-party platform.
Most travel agencies now have online stores, and Zhou Yi’s parents originally saw Travel Around the World on the Internet.
Before, Xingtianxia Travel Agency naturally sold a lot of pure play tours, and the pure play groups were taken shopping, which naturally made consumers unhappy.
However, there are not many people like Zhou Yi who stick to their guns to the end. At most, people will give a bad review on that platform.
This pure play group also has to go shopping...
In fact, there is nothing wrong with simply having a bad review. The key is that the evidence shows that the account certified by the platform as a Xingtianxia merchant responded, expressed deep apologies, and then said that there is no forced shopping behavior at present.
There is no forced shopping, but you can't leave when others are buying things...
There are many similar comments, and Mr. Fang has found them all.
Then Huo Pengfei became a bit Muggle.
As the evidence and cross-examinations were presented one by one, Zhou Yi felt very satisfied. This lawyer Huo was indeed more capable than the rookie Zhou.
Next comes the court debate.
The main issue of the debate is whether the travel agency's behavior towards Zhou Yi's parents constitutes consumer fraud!
This is the key to deciding whether to implement the "refund one and compensate three" policy.
"A travel contract is a mixed contract based on a travel product, and a travel product itself involves many service providers. In this case, our operator did not have subjective fraudulent intent when providing the consumer services of the pure tour group."
"The shopping occurred because of a problem with the local travel agency's service, which was unforeseen by our operators. Therefore, there was no consumer fraud."
Huo Pengfei said there.
The four elements of consumer fraud are: first, the operator must have the subjective intention to defraud; second, there must be fraudulent behavior; third, the consumer makes an incorrect judgment due to the operator's behavior; and fourth, the consumer expresses his or her intention based on the incorrect judgment.
To put it simply, I wanted to lie to you, and I did things to deceive you, and as a result, you were deceived by me.
Many times when we buy things online and buy fakes, why does our claim for a refund of one and three times the compensation not work? The reason is very simple: you need to prove that the online merchant is deliberately deceiving you.
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