"Too much deception", Chongqing, a woman invited all friends to a high-end Japanese restaurant center during her birthday, according to the APP group purchase price was displayed as 302 yuan per person, but unexpectedly everyone was running out of meals, when the woman went to the front desk to check out, she was told by the other party that the meal cost was a total of 14,000 yuan, which frightened the woman, and the waiter said: 302 yuan is the minimum consumption for each person, not a fixed price. (Case source: Liaoning Metropolis News)
Ms. Lu lives in Jiangbei, Chongqing, currently works for a foreign company, the main job content is to connect with the superior department, play the role of uploading and disseminating, the work is easy and the salary is high, this year in order to celebrate her birthday, Ms. Lu specially invited all relatives and friends to a local Japanese restaurant to eat, for this reason, before going to the restaurant, Ms. Lu also specially checked the price of the meal per person.
I saw that the APP preview interface showed 302 yuan per person, considering that the price was okay, Ms. Lu was about to set the location in the Japanese food center, one is that the environment here is relatively high-end, and the other is that you can also let your family try it, Ms. Lu also called the restaurant that day, informing it of a total of 16 people, and asked the restaurant to reserve a table for itself that can sit 16 people.
After work, all relatives and friends have arrived, as soon as they entered the door, all the participants couldn't help but praise Ms. Lu, looking for a good place environment, and the taste smelled more delicious, because the Japanese restaurant center took a self-service way to eat, so under the guidance of the staff, all the participants went to the counter to choose the ingredients they like to eat, and the waiter on the other side also enthusiastically instructed Ms. Lu and others how to eat, how to heat and so on.
As we all know, the buffet is often priced at will, so during this period, everyone also let go of the belly to eat, similar to Japanese salmon, Japanese warm wine, etc. have been brought to the table, until more than nine o'clock in the evening, the group left the Japanese restaurant center satisfied, after seeing off all the guests, Ms. Lu came to the front desk alone to check out.
According to the price seen on the Internet is 302 yuan per person, Ms. Lu and her party have a total of 16 people, so the price is about 4800 yuan, for which Ms. Lu has scanned the code and intends to pay in the process of waiting for the waiter to settle the account, but when Ms. Lu saw the account list in the waiter's hand, she was really taken aback, and the bill showed that of course Ms. Lu spent a total of 14,000 yuan.
For Ms. Lu, although 14,000 yuan is not much, but can not always eat a dumb loss, for this reason Ms. Lu asked the restaurant waiter to give an explanation, in the face of Ms. Lu's questioning, the front desk staff said: 302 yuan is not the price of the buffet, but the minimum consumption of the restaurant is 302 yuan, each dish and wine has its corresponding price, so the dishes consumed by 16 people have reached 14,000 yuan, and Ms. Lu must pay enough money to leave.
Hearing the waiter's statement, Ms. Lu was simply angry, Ms. Lu thought: the online app has obviously indicated that 302 yuan is the price per person, and if it is not per person, then the price should be marked at the entrance of the restaurant or in a conspicuous position, the current practice of the restaurant has been suspected of fraudulent consumption, etc., so Ms. Lu refused to pay.
The quarrel between Ms. Lu and the waiter also attracted a lot of onlookers, until they learned the reason for the quarrel between Ms. Lu and the waiter, everyone knew that the original 302 yuan was not a price, but an average price, and they agreed that there was consumer fraud in the restaurant.
So in this case, should Ms. Lu pay the corresponding meal fee for the restaurant, and is the restaurant suspected of fraud?
1. As a consumer, Ms. Lu should be protected by the restaurant to protect her rights and interests from infringement.
Article 2 of the Law on the Protection of Consumer Rights and Interests stipulates that when consumers enter the store to make purchases, merchants shall protect the consumer's consumer rights and interests, such as the right to know, the right to consume, etc.
Judging from Ms. Lu's current experience, it is clear that the merchant has violated Ms. Lu's right to know, not only setting up similar false advertisements in the online app, but also failing to post any consumer-related reminder slogans inside the restaurant, resulting in Ms. Lu's relevant rights being infringed, and she must not only be punished by law, but also bear the corresponding liability for compensation.
2. The restaurant is suspected of misleading publicity and shall be punished by relevant laws.
Article 20 of the Law on the Protection of Consumer Rights and Interests stipulates that businesses are not allowed to set up false advertisements to maliciously guide consumers to spend.
According to the feedback of other consumers in the restaurant at that time, everyone basically believed that 302 yuan was a fixed price like Ms. Lu, so in this case, the relevant departments can basically determine that the restaurant has maliciously set up false publicity information to mislead consumers to consume.
3. Restaurants suspected of false advertising and guiding consumption shall be fined 3 times.
Article 55 of the Consumer Rights and Interests Law stipulates that when a merchant has malicious inducement, false publicity, etc., it shall be punished at three times the consumer price, and if it is less than 500 yuan, 500 yuan shall be used as the base.
According to the consumption details shown by Ms. Lu, the amount of consumption has reached 14,000 yuan, according to the above legal provisions, since the restaurant is suspected of consumer fraud, it should be compensated according to three times the price, that is, a fine of 42,000 yuan, but the specific penalty standard also needs to be determined according to the actual impact caused by the restaurant.
Since ancient times, integrity has always been a good quality that Chinese should have in their bones, but restaurants have blatantly violated the principle of good faith, in order to obtain more benefits, they do not hesitate to attract consumers with false publicity, not only violating the provisions of the law, but also bearing the corresponding fines, which can be described as lifting a stone to shoot themselves in the foot.