The developer has committed fraud and it is illegal for the owner to hold up banners

There is no problem in pulling banners as long as they do not violate the mandatory or prohibitive provisions of the law. But pulling up banners is an extreme way to protect rights, and the behavior itself has a bad impact.

1. The owner did not disturb the public order when he pulled up the banner. He just stood there holding the banner and did not make any loud noise. It should not be a parade but a demonstration, and it should not be illegal. But in reality, it is difficult to say whether anyone will control it during implementation.

2. If it is indeed the fault of the administrative unit that caused your loss and the unit does not deal with it, you can complain to the superior government, you can also go to the county disciplinary inspection and supervision department for response, or you can file a lawsuit against the unit in court. .

3. To protect rights, you must first be legal. Legal rights protection channels mainly include complaints, mediation, arbitration, litigation, etc. While safeguarding your rights, you must not block the door, otherwise it will be illegal.

Article 35 of the "Constitution" Citizens of the People's Republic of China have the freedom of speech, press, assembly, association, procession, and demonstration.

Article 2 of the "Public Security Management Punishment Law": Disrupting public order, impeding public safety, infringing upon personal rights and property rights, hindering social management, and having social harm, according to the "China If it constitutes a crime under the People's Republic of China and the Criminal Law of the People's Republic of China, criminal responsibility shall be investigated in accordance with the law; if it is not enough for criminal punishment, the public security organs shall impose public security management penalties in accordance with this law.

Article 23 of the "Public Security Management Punishment Law" who commits any of the following acts that disrupt public order, and which is not sufficient for criminal punishment, shall be detained for not more than 15 days, fined not more than 200 yuan, or given a warning .

(1) Disturbing the order of agencies, groups, enterprises, and institutions, causing work, production, business, medical care, teaching, and scientific research to be unable to proceed normally, without causing serious losses.

Extended information:

Case:

The owner of a luxury home held a banner to complain about the quality of the house? The developer sued for reputation infringement

China News Service Hangzhou August 27th (Reporter Zhao Xiaoyan) A few years ago, Ruan Qing (pseudonym) and his wife, who have been doing business in Shanghai for a long time, spent tens of millions of yuan to buy a finely decorated mansion in Xixi Tianyueju in Hangzhou. However, in the past few years, she has not been able to live there. Uncomfortable. The marble floor was already cracked when the house was handed over, and when it was first used, the central air conditioner leaked and soaked a dozen bags in the closet, etc.

Recently, Ruan Qing and his wife were taken to court by the developer Hangzhou Xixi Investment Development Co., Ltd. because they hung slogans such as "Pleasant Living, Shoddy Manufacturing" outside their balcony to protest, and the developer sued them for reputation infringement. . On the 27th, the case was heard in Hangzhou West Lake Court.

In January 2010, Ruan Qing and his wife purchased two houses in Xixi Tiantang Yueju, with an area of ??148 and 189 square meters respectively, and a total value of more than 10 million.

In November 2011, the house was completed and accepted. However, when taking delivery of the house, Ruan Qing discovered that there were dozens of cracks in the marble floor of the house and the ceiling was rough, which was obvious to the naked eye.

Ruan Qing then refused to take over the house. After negotiation, the developer agreed to make rectifications. "Because the furniture I ordered had already arrived in Hangzhou, I had no choice but to take possession of one of the two houses, even though it was a house with problems." Ruan Qing said.

In April 2012, when Ruan Qing and his wife used the central air conditioner for the first time after moving in, another water leakage incident occurred. Because the leakage point happened to be in the closet, more than a dozen of Ruan Qing’s bags were soaked. In the summer of the same year, the Ruan family’s balcony glass burst again.

According to Wang Qin, Ruan Qing’s lawyer from Jianwei Law Firm, in August 2012, the developer confirmed that there were objective problems such as water damage to the bags. The two parties negotiated several times regarding compensation, but the developer was unable to satisfy the requirements. In response to her reasonable request, Ruan Qing hung a banner on the balcony of her own house for the first time to protest: "Unscrupulous profiteers, cutting corners, and quality problems are endless."

Subsequently, the developer agreed to carry out repairs and rectifications. During the rectification period, Ruan Qing and his wife were also given a transitional room.

In March 2014, Ruan Qing received a notice from the developer asking her to move out of the transitional house. However, Ruan Qing believed that problems such as marble cracks in the house had not been resolved and refused to move out. She was subsequently dismissed. Water and electricity were cut off.

According to Ruan Qing, the power outage caused the red wine in the wine cabinet at home to deteriorate, resulting in a loss of hundreds of thousands. So she held up a banner for the second time - "Heaven is a pleasant place to live in, but it is shoddy" to protest.

Ruan Qing said that she only bought Yueju for vacation and was not in Hangzhou at ordinary times. However, quality problems kept breaking out every time she came back. "We were also mentally troubled. Instead, we were sued in court. I feel like I have no way to complain.”

Many owners of Xixi Yueju reported to reporters problems such as floor cracking and water seepage in the walls of equipment rooms. The most common response was the problem of balcony glass bursting. "This is a common phenomenon in the community." One owner said.

As for the above-mentioned problems reported by the owners, Tang Feng, who is responsible for customer relations at Hangzhou Xixi Investment Development Co., Ltd., said that it is impossible for a house delivered with fine decoration to have no problems at all. "For example, air conditioning, we use a branded central air conditioner, but as a developer we cannot control that it will be 100% problem-free during use."

As for the problem of balcony glass bursting that is particularly concentrated, Tang Feng Said that in fact, there are still a few, "It falls within the scope of the warranty, and we will definitely repair or replace it."

Tang Feng believes that the developer has notified the owners before cutting off the water and power in the transitional house. , the house delivered to the owner does not have structural problems or problems that seriously affect safe use, and the owner has no reason to refuse.

He said that Ruan Qing had also complained to the Hangzhou Construction Engineering Quality Supervision Station before, but after identification, the house did not have quality problems.

As for the issue of Ruan Qing and his wife hanging banners twice, Tang Feng believes that the banners do not reflect a quality problem, but an infringement on their reputation.

According to what the developer’s lawyer said in court today, the location where Ruan Qing and his wife hung the banner was on a road with heavy traffic, and their behavior had a bad impact and seriously damaged the developer’s business reputation. The developer demanded that Ruan Qing and his wife apologize on two local Hangzhou media outlets and pay 100 million yuan in compensation for economic losses.

In court, the lawyer for Ruan Qing and his wife stated that the defendant, as the owner, has the right to criticize and comment on the quality of the houses sold by the developer and the quality of property services; potential consumers also have the right to criticize and comment on the properties developed by the plaintiff. , property service quality has the right to know, and the defendant’s behavior does not constitute an infringement of the plaintiff’s reputation rights. The contents of the banner are expressions of objective facts such as the quality of the houses sold by the plaintiff and the quality of property services, and are legitimate criticisms and comments.

Today, the developer's lawyer also mentioned the housing dispute, "Don't keep ruining the reputation of our developer just because of price cuts."

However, Ruan Qing's lawyer He refuted it in court, saying, "We have never raised the issue of price reduction."

The court will set a date to pronounce the verdict.

Reference material: Baidu Encyclopedia - Public Security Management Punishment Law

Reference material: People's Daily Online - Luxury home owner holds banner to complain about housing quality? Developer sues for reputation infringement