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What should I do if I charge the wrong number?
If you find that the phone bill is wrong, you must contact the other party in time, discuss it with the other party and see if the other party is willing to return the phone bill. If the other party does not reply or disagree, in this case, you must remain calm and contact the operator's customer service in time. After registration, customer service will help communicate with the other party.
2. The operator shall handle the transfer of telephone charges.
For some special cases, such as the wrong amount is too large, and the other party is unwilling to return it in the form of recharging, with the consent of the other party and the permission of the system, the prepaid phone bill of official website or the front desk of the business hall can be adjusted in real time, that is, the wrong fee can be transferred from the other party's account to the account designated by the recharger, but this situation is generally limited to users in the province, excluding users outside the province, and only when the balance of the other party's account is sufficient within a certain period of time.
3. The prosecution asked the other party to return it.
The money and telephone charges received by the other party by mistake, regardless of the amount, are regarded as unjust enrichment. If the two parties fail to negotiate, or fail to negotiate, the party who charges the wrong phone bill can sue the court for unjust enrichment and safeguard its legitimate rights and interests.
Although legally speaking, the beneficiary user has the obligation to return, in practice, it is very difficult to operate. Because usually this situation only knows the mobile phone number of the beneficiary user, it is impossible to know his personal information.
In this case, the operator's customer service staff said that based on the protection of customer privacy, unless the public security organs are involved in the investigation, the personal identity of the beneficiary users cannot be disclosed. However, the police said that the law protects citizens' right to privacy, and even the police cannot obtain citizens' information at will. Lawyers can't represent similar cases because they can't get the identity of the beneficiary users.
Extended data:
Article 92 of China's General Principles of Civil Law stipulates that "if there is no legal basis to obtain improper benefits and cause losses to others, the improper benefits obtained shall be returned to the person who suffered losses."
Elements that constitute unjust enrichment include:
(1) One party gains benefits;
(2) The other party suffers losses;
(3) There is a causal relationship between the gains of one party and the losses of the other party;
(4) There is no legal basis.
Beneficiary users should return the telephone charges to the rechargers in accordance with the relevant provisions of the civil law when they receive the wrongly charged telephone charges, which constitutes unjust enrichment.
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