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Summary of article:
A consumer in Yangzhou, Jiangsu province ordered braised pork ribs for takeout but received roasted potato ribs. The court found that the merchant failed to truthfully display the goods, which amounted to consumer fraud, and ordered him to pay 500 yuan in compensation.
A takeout of braised pork ribs with a price of 37.2 yuan (RMB, similar below, about US$5.5) turned out to be braised pork ribs with potatoes, causing Mr. Yao of Yangzhou, Jiangsu province to become angry and file a lawsuit. Recently, the court ruled that the merchant’s relevant behavior involved consumer fraud, and Mr. Yao should be compensated 500 yuan.
According to reports from Beijing News and Sichuan Daily, in May this year, Mr. Yao’s mother purchased braised pork ribs through a takeout platform. The original price was 37.2 yuan, and the actual payment after deducting the discount was 5.6 yuan. However, the meal she received was roasted pork ribs with potatoes, which was clearly different from the photo on the product page. Mr Yao also found that the photos displayed by traders were taken from other bloggers’ posts on social platforms.
After complaining to the 12345 hotline, the case was transferred to the Market Supervision Bureau of Guangling District, Yangzhou City. After mediation, Mr. Yao requested compensation of 500 yuan, but the businessman only agreed to pay compensation of 100 yuan. The two parties failed to reach an agreement, and Mr. Yao decided to continue defending his rights through litigation.
According to the ruling, the Guangling District People’s Court of Yangzhou City found after testing that the braised pork ribs displayed by the merchant were “bright in color and attractive in texture”, but the actual food delivered was far from the picture, which violated the obligation to inform truthfully and constituted consumer fraud. The court also pointed out that although the merchant handles the refund later, it does not affect the consumer’s right to pursue compensation for losses as per law. Considering the fact that the triple price of the goods in this case was less than 500 yuan, according to relevant legal provisions, the defendant’s increased compensation amount should be calculated as 500 yuan. In the end, the court ruled that the restaurant should pay 500 yuan compensation to Mr. Yao.
Similar “incorrect luggage” situations are not uncommon. Some consumers spent 78 yuan to buy Fried Salmon Energy Bowl from a snack shop, but the food they received was very different from the promotional photo. Some people also purchased fruits online, but the size of peaches, grape varieties and passion fruits they received did not match the merchant’s promotion. However, when faced with doubts, some merchants often respond, “The picture is only for reference, please see the actual product.”
Zhang Lulu, a lawyer at Beijing Yingke (Chengdu) Law Firm, pointed out that “the pictures are for reference only” is a unilateral statement by the merchant and does not absolve it of its legal obligation to truthfully display the goods. If there are only reasonable differences in presentation, color or weight, etc., this is usually not fraud; However, if there are fundamental differences in product variety or ingredients, the trader may still be held legally responsible.
Summary FAQ
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Because the braised pork ribs ordered by her mother for takeout were actually braised pork ribs with potatoes, which was obviously different from the photo on the product page, and was suspected of using photos posted by others for promotion. Mr. Yao believed that fraud was involved, so he filed a lawsuit to protect his rights.
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The court pointed out that the color and texture of the braised pork ribs displayed by the merchant were attractive, but the actual food delivered was far from the picture, which violated the obligation to report truthfully. Even if a refund is made later, it will not affect the consumer’s request for enhanced compensation as per law.
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The court ordered the restaurant to pay 500 yuan compensation to Mr. Yao. The reason is that the price of the goods in this case has tripled to less than 500 yuan. According to relevant consumer protection regulations, the minimum increase in the compensation amount is calculated at 500 yuan.
