according to the price behavior rules of catering repair industry, operators should set prices based on cost plus legal taxes and reasonable profits, and the quality and price should be consistent, and consumers should not be forced to accept the stipulated prices. It can be seen that the minimum consumption requirement of operators is an act of forcing consumers to accept their prescribed prices, which is illegal.
Typical case:
For college student Xiaomei's birthday, she invited several classmates to sing in a KTV in Beijing to celebrate her birthday. They asked for a box, and the waiter told them that the minimum consumption of this box was 511 yuan. If Xiaomei spends less time and drinks than 511 yuan, she will still be charged according to 511 yuan when checking out. In actual consumption, Xiaomei and others sang songs for 4 hours and asked for 11 bottles of drinks. When checking out, the actual consumption of Xiaomei and others is 351 yuan, but KTV still has to check out according to 511 yuan. Xiaomei refuses to accept it and wants to complain to the relevant departments, but she doesn't know whether her complaint has a legal basis.
Lawyer's statement: In the case, it is illegal, unreasonable and unfair for KTV to set "minimum consumption" in the box. As consumers, one of the important rights is the right of independent consumption. The so-called independent consumption means that consumers decide the way and quantity of consumption by themselves. In this case, the consumer Xiaomei only plans to spend 351 yuan, but KTV insists that they spend according to the minimum standard of 5Q. This infringes on Xiaomei's right of independent consumption, which is a kind of forced consumption. At the same time, KTV knew that Xiaomei and others had consumed 351 yuan, and insisted that they pay 511 yuan, which also violated Xiaomei and others' fair trade rights.
legal basis: consumer protection law of the people's Republic of China
article 9 consumers have the right to choose their own goods or services. Consumers have the right to choose their own operators to provide goods or services, choose their own varieties of goods or services, and decide whether to buy or not to buy any kind of goods or accept or not to accept any kind of services. Consumers have the right to compare, identify and select when they choose their own goods or services.
article 11 consumers have the right to fair trade. When purchasing goods or receiving services, consumers have the right to obtain fair trading conditions such as quality assurance, reasonable price and correct measurement, and have the right to refuse the compulsory trading behavior of operators.