Can I get it back if the phone bill is charged incorrectly?

Can I get it back if the phone bill is charged incorrectly?

Case hypothesis

At the beginning of the month, Xiaoli's mobile phone was in arrears after deducting the package fee, so Xiaoli recharged her mobile phone number 100 yuan through the network, which has not been received for a long time. Xiaoli found that she entered the wrong last digit when recharging just now, which led to the wrong recharging and charged it to someone else's mobile phone number.

So Xiaoli dialed the wrong number and asked the other party to help refund the phone bill. As a result, the other party said it was Xiaoli's own fault. He doesn't need to pay for other people's mistakes and is determined not to refund the phone bill.

So in this case, can Xiaoli get the wrong money back?

legal ground

Article 122 of the Civil Code: If another person has obtained improper benefits without legal basis, the person who has suffered losses has the right to ask him to return the improper benefits.

Article 985 Where the beneficiary obtains improper benefits without legal basis, the person who suffers losses may request the beneficiary to return the benefits obtained, except in any of the following circumstances: (1) remuneration for performing moral obligations; (2) Liquidation before the maturity of debts; (three) knowing that there is no obligation to pay.

case analysis

According to the relevant provisions of the law, the party who recharges by mistake belongs to unjust enrichment, and Xiaoli, as a person who has suffered losses, can ask the other party to return the phone bill she mistakenly charged.

Warm reminder:

1. If the wrong number is used, you can contact the charging platforms or customer service of operators such as China Mobile, China Unicom and Telecom to make a complaint and ask for a refund of the wrong phone bill.

2. If you use the wrong number, you can contact the other party first and politely say that you have mistakenly charged its number and ask for help to return it. Everyone will be happy when they meet kind people.

3. If you use the wrong number and the other party refuses to return it, you can sue the other party for unjust enrichment.