How to punish the short-selling merchants?

Industrial and commercial penalties for short weight and short weight: short weight and short weight are illegal acts of consumer fraud, and businesses should bear the responsibility of "returning one and losing three" to consumers. If the amount of compensation is less than 500, it shall be calculated in 500 yuan; Will be fined, confiscate illegal income, etc. ; Even administrative detention.

1. "Return one and lose three" to consumers.

Consumers have the right to obtain fair trading conditions with guaranteed quality, reasonable price and correct measurement when purchasing goods or receiving services. In addition, if the short weight of the merchant exceeds the allowable error value of the state, the consumer can claim compensation according to three times the price of the purchased goods or the cost of receiving services. If the increased amount of compensation is less than that of 500 yuan, it shall be calculated in 500 yuan.

At present, according to the regulations, if the unit price of goods purchased between 6 yuan and 30 yuan is less than 2.5 kilograms per kilogram, the negative deviation shall not be higher than 5 grams; If the unit price is more than RMB 0/00 per kilogram and the weight is less than 500 grams, the negative deviation cannot exceed 1 gram. Buy gold ornaments within100g, and each piece shall not be less than 0.0 1 g.

In shopping, if you find that you are missing two pounds, you can re-weigh them through a fair scale set up in the market, or put items with known weights (such as mobile phones and keys) on the scale to see if the weight has changed. If consumers' rights and interests are damaged, they can call 123 15 to make a complaint.

Step 2 fine

According to the law, the operator's "short weight and short weight" is fraudulent. In addition to bearing corresponding civil liabilities, if other relevant laws and regulations have provisions on punishment organs and punishment methods, they shall be implemented in accordance with the provisions of laws and regulations; Where there are no provisions in laws and regulations, the administrative department for industry and commerce or other relevant administrative departments shall order it to make corrections, and may, according to the circumstances, give a single warning, confiscate the illegal income and impose a fine of not less than one time but not more than ten times the illegal income, and impose a fine of not more than 500,000 yuan if there is no illegal income; If the circumstances are serious, it shall be ordered to suspend business for rectification and revoke its business license.

3. Administrative detention

Operators conceal the truth, fabricate facts, and deliberately "cheat" on the scales to deceive customers. The nature of this behavior is not fundamentally different from the way criminals exchange goods and counterfeit money in transactions. They go far beyond the scope of civil disputes and are naked violations of public security. Therefore, operators who are short of weight and cheat will be administratively detained.

First, how to compensate fraudulent consumers?

If the goods or services provided by business operators are fraudulent, they shall compensate consumers three times, and if they are less than 500 yuan, they shall be 500 yuan.

Triple compensation for consumer fraud in the new consumer law is the minimum compensation.

From the perspective of legislative purposes, statutory punitive damages are only the minimum for consumers to obtain punitive damages, not the maximum for consumers to obtain punitive damages.

If operators and consumers clearly agree on more punitive damages, it will not violate the original intention of legislation. In addition, based on the spirit of freedom of contract, operators and consumers can freely agree on punitive damages higher than the legal multiple. If the merchant refuses to pay compensation according to the contract, the consumer can sue in court to claim his rights.

If an operator commits fraud in providing goods or services, it shall increase the compensation for the losses suffered by consumers as required, and the compensation amount shall be three times the price of the goods purchased by consumers or the cost of receiving services; If the amount of additional compensation is less than that of 500 yuan, it shall be 500 yuan. Where there are other provisions in the law, those provisions shall prevail.

Second, how to complain about cheating consumers?

You can call 3 15 to complain, or you can complain to the consumer association.

(a) after a dispute with the operator, if you want to complain to the consumer association about the operator, the dispute should be within two years, after which the consumer association will no longer accept the complaint.

(2) When accepting complaints, local consumer associations shall implement the principle of giving priority to regional jurisdiction, supplemented by hierarchical jurisdiction, and accept complaints nearby. Where the relevant consumer associations need assistance, the relevant consumer associations shall give assistance.

(3) Complaints to consumer associations can take two forms: written and oral.

(four) consumer complaints should be submitted in writing or detailed oral records signed and sealed by consumers.

In summary, the merchants are short of weight and bear the responsibility of "returning one and losing three". If the amount of compensation is less than 500, it shall be calculated in 500 yuan.

Legal basis:

Article 55 of the Consumer Protection Law

If an operator commits fraud in providing goods or services, it shall increase the compensation for the losses suffered by consumers as required, and the compensation amount shall be three times the price of the goods purchased by consumers or the cost of receiving services; If the amount of additional compensation is less than that of 500 yuan, it shall be 500 yuan. Where there are other provisions in the law, those provisions shall prevail.

Where a business operator knowingly provides goods or services to consumers, causing death or serious damage to the health of consumers or other victims, the victims have the right to demand compensation from the business operator in accordance with the provisions of laws and regulations such as Articles 49 and 51 of this Law, and have the right to demand punitive damages less than twice.