Article 51 of the law stipulates that "if a business operator commits fraud in providing goods or services, it shall increase the compensation for the losses it has suffered according to the requirements of consumers, and the amount of compensation 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. ?
"For example, Xiao Zhang ordered a takeaway, and a * * * flower went to 40 yuan. When dining, he found a foreign body outside. Then Xiao asked the shopkeeper to return 40 yuan and compensate for the loss. The amount of damages is 40×3= 120 yuan. Because the law stipulates that the amount of damages is less than that of 500 yuan, it shall be calculated according to 500 yuan, so Xiao Changcan asks the boss to pay the purchase price (40 yuan)+damages (500 yuan) =540 yuan. It should be noted that this regulation applies not only to the field of food safety, but also to other consumer occasions.
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Ways to claim for food safety problems
1, sue. The victim can file a civil action alone, and a large number (above 10) can file a class action, that is, according to Articles 54 and 55 of the Civil Procedure Law: "If one party has a large number of co-litigants, the parties may elect their own representatives to conduct the litigation." If the subject matter of litigation belongs to the same category and there are a large number of parties, the people's court may issue an announcement explaining the case and the claim, and notify the obligee to register with the people's court within a certain period of time.
2. complaints. Can the victim report to the industrial and commercial department? Administrative organs such as the door, quality inspection department and food and drug administration will impose administrative penalties on relevant personnel and enterprises, and compensate the victims in time.
China People's Congress Network-People's Republic of China (PRC) Consumer Rights Protection Law