Guangdong Province implements new standards, awarding 630 yuan compensation for a 10,000 yuan trench coat
Release Time:
2013-08-27 16:25
Source:
Southern Metropolis Daily
Southern Metropolis Daily, August 20 (Reporter Chen Wanru, Intern Gao Zhaodong, Correspondent Pan Sheng) Due to suspicion that her ten-thousand-yuan branded trench coat sent for dry cleaning was damaged by the store, Ms. Meng, who lives in Panyu District, Guangdong Province, demanded compensation from the laundry shop. The store argued that the damage already existed and was unrelated to them. Recently, the Panyu District Court made a judgment on this consumer contract dispute.
Trench coat damaged, both parties hold different views
Ms. Meng recalled that on February 27 this year, she sent a trench coat worth 15,750 yuan to the defendant for dry cleaning. When receiving it, the laundry staff inspected the coat and found no damage or large areas of obvious fading. The laundry issued a computer receipt. Five days later, she received a call from the store notifying her that the coat was damaged and would not be dry cleaned. Upon visiting the store, she found that her trench coat was not only damaged but also had large areas of faded lining and obvious oil stains at the damaged spots. She believed the damage was caused by the laundry.
Ms. Wang, the owner of the laundry, disagreed. She stated that the person who received Ms. Meng's trench coat was the collection point. When the clothes were inspected again at the laundry, it was found that the trench coat was damaged about 5-6 centimeters, which did not match the registration on the receipt, so Ms. Meng was notified by phone. Ms. Wang believed the laundry had fulfilled its responsibilities.
The laundry staff member Xiao Xu was the one who accepted Ms. Meng's trench coat. Xiao Xu said that since she was quite familiar with Ms. Meng, she did not carefully inspect the coat before accepting it. At that time, Ms. Meng did not indicate that the trench coat was valuable or required special attention or insurance.
Court orders laundry to pay 630 yuan in compensation
Both parties held different views on the responsibility for the damage, and since they could not reach an agreement on compensation, Ms. Meng sued the laundry owner Ms. Wang, requesting the court to order the defendant to compensate at the original price of the trench coat and refund the laundry fees.
The court held that the defendant accepted the clothes after inspection and only then discovered the damage, so the responsibility lies with the defendant, who should compensate the plaintiff for the loss. However, since the plaintiff did not indicate that the trench coat was valuable or require insurance when sending it for cleaning, and the coat was purchased in 2009 and should be depreciated accordingly, although damaged, it could still be used after repair. Therefore, the plaintiff's request for compensation at the original price was inappropriate.
According to the "Guangdong Province Laundry and Cleaning Industry Consumer Dispute Resolution Measures" and the "Guangzhou City Laundry and Cleaning Consumer Dispute Resolution Measures" which set the "maximum compensation standard at 20 times the cleaning fee," the court decided that the defendant should compensate the plaintiff at 20 times the cleaning fee, amounting to 630 yuan.
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