Case: "Complaint and Report Letter", only handled as a report!

Administrative reconsideration decision

Applicant: Zheng Moumou, male, Han nationality, born on August 2, 2001, domiciled in Room XXX, Building X, Zhengfeng Jiuling, Wuning County, Jiujiang City, Jiangxi Province.

Respondent: Sanya Municipal Administration for Market Regulation, domiciled at No. 368, Yingbin Road, Sanya City, Hainan Province.

Person in charge: Wen Kaiping.

The applicant, Zheng Moumou, was dissatisfied with the respondent's failure to deal with the respondent's complaint by registered mail on December 29, 2021 (the food sold by a restaurant in Sanya did not meet food safety standards and required the department to organize mediation), and applied to this authority for administrative reconsideration on January 24, 2022. This organ accepted the application for administrative reconsideration in accordance with the law, and the trial has now been concluded.

The applicant's request for administrative reconsideration: 1. Confirm that the respondent failed to inform the applicant of the illegality of the decision to accept the complaint, and 2. Order the respondent to make a decision on the applicant's complaint.

The applicant said: on December 29, 2021, the applicant complained to the respondent by registered mail that the food sold by "a certain restaurant in Sanya" did not meet food safety standards, and requested the department to organize mediation, and the applicant did not receive a reply from the respondent on January 19, 2022. A decision to accept or not accept the complaint shall be made within 7 working days of receiving the complaint, and the complainant shall be notified.

To sum up, the respondent failed to inform the applicant of the acceptance or non-acceptance within seven working days, and the procedure was illegal, and it was hoped that the reconsideration organ would confirm it.

The respondent replied that on December 27, 2021, the applicant complained and reported that the food sold by a restaurant in Sanya did not meet food safety standards through China Post registered mail (mail number: XA2328936xxx). The materials provided by the applicant show that the email was signed for at 15:14 on December 29, 2021. The actual respondent received the document on January 4, 2022. After two on-site verifications, no unqualified pre-packaged food was found. The respondent will inform the applicant of the result by courier.

1. Basic information of reporting

On December 27, 2021, the applicant complained and reported that he had purchased 6 packs of seaweed at "a restaurant in Sanya" on December 19, 2021, and the production date of the product involved in the case was November 20, 2021, and the name of the manufacturer was "Hainan XX Co., Ltd.", and after inquiry, the factory had been cancelled on May 24, 2021, so the manufacturer did not exist, so the 6 packs of seaweed purchased were counterfeit products with three nos, and in addition, it was found that the packaged goods were printed with the QS logo, It is a food product that is prohibited by law. Accordingly, the request is: 1. To make administrative penalties for the reported complainant's sale of three-no food and the use of abolished QS food, and to reward the whistleblower's reported meritorious behavior, and to inform Zheng Moumou in writing of the result;

The respondent argued that although the name of the letter mailed by the applicant was "Complaint and Report Letter", in accordance with Article 3 of the Interim Measures for the Handling of Complaints and Reports for Market Supervision and Administration, combined with the facts stated by the applicant, it was determined that the applicant's conduct of reporting to the market regulation department by mailing registered mail was a report of the operator's suspected violation of market regulation laws, regulations and rules.

2. The facts of this case are clearly ascertained and the law is correctly applied

(1) The facts are clearly ascertained

Since the content of the applicant's "complaint and report" is a reporting situation, the respondent conducted two inspections on January 28, 2022 and February 15, 2022 respectively on January 28, 2022 and February 15, 2022, and did not find the seaweed products produced by Hainan XX Co., Ltd. as stated in the report. The respondent will notify the applicant by courier. Therefore, the facts that the respondent identified as a whistleblower and handled it were clear.

(2) The law is correctly applied

According to Article 3 of the Interim Measures for the Handling of Complaints and Reports for Market Regulation, "the term "complaint" as used in these Measures refers to the act of a consumer who needs to purchase or use goods or receive services for daily consumption, and who has a dispute over consumer rights and interests with a business operator, and requests the market regulation department to resolve the dispute. "Reporting" as used in these Measures refers to the conduct of natural persons, legal persons, or other organizations reporting to the market regulation departments that business operators are suspected of violating laws, regulations, or rules on market regulation. The applicant's conduct of "making a complaint and reporting" by mailing a registered mail is in line with the reporting situation referred to in this article. Article 14 of the Interim Measures for the Handling of Complaints and Reports for Market Regulation stipulates that "the market regulation department with the authority to handle the complaint shall make a decision to accept or not accept the complaint within seven working days from the date of receipt of the complaint, and inform the complainant", so the provisions of this article do not apply as the basis for handling the report.

3. Other matters that need to be explained

1. According to the materials collected by the respondent, at the end of December 2021, the applicant mailed 27 complaint and report letters to the Hainan Provincial Administration for Market Regulation, the Sanya Municipal Administration for Market Regulation, the Jiyang Branch of the Sanya Municipal Administration for Market Regulation, and the Tianya Branch of the Sanya Municipal Administration for Market Regulation. From December 16 to December 24, 2021, the applicant "purchased the problematic goods" in Jiyang District, Tianya District, and Haitang District of Sanya City, and made a "Confirmation Letter for the Revocation of Consumer Complaints and Reports" and "Settlement Letter" to claim compensation from the merchant. At present, 3 merchants have compensated the applicants, with compensation of 350 yuan, 400 yuan and 6,180 yuan respectively.

2. Regarding the issue of signing for the registered mail, the mailroom of our bureau is in the office of the No. X Property Market Bureau of the Market Supervision and Administration Bureau on Yingbin Road, because the postal personnel did not send the registered mail to the mailroom of our bureau for signing, so that the respondent did not send and receive the documents in the first time.

3. In order to achieve a certain goal, the applicant adopts abnormal means of rights protection, resulting in the idling of administrative resources, multiplying administrative costs, and even affecting the normal operation of legitimate enterprises, and its behavior has damaged the good business environment of Sanya.

To sum up, the respondent's determination that "the handling of the food sold by the applicant's report of a certain restaurant in Sanya does not meet food safety standards" is clear, the evidence is conclusive, the law is correctly applied, and the procedures are lawful, and it is recommended that it be maintained.

After the trial, it was ascertained that on December 27, 2021, the applicant complained and reported that the food sold by a certain restaurant in Sanya did not meet food safety standards through China Post registered mail (mail number: XA2328936xxx), and the mail had been signed for at 15:14 on December 29, 2021, but because the respondent's mailroom was the office of the Property Market Market Bureau No. X, Market Supervision and Administration Bureau, No. X, Yingbin Road, Jiyang District, Sanya City, and the applicant's mailing address was written as No. X, Yingbin Road, Sanya City. As a result, the respondent was unable to send and receive the documents in the first time, so the actual time of receipt of the documents by the respondent was January 4, 2022.

The applicant believes that the respondent's failure to handle the content of the applicant's complaint and report within the specified time violates Article 14 of the Interim Measures for the Handling of Complaints and Reports for Market Regulation, and applies to this authority for administrative reconsideration by registered mail, and the application for reconsideration was received by this authority on January 24, 2022.

The above facts are supported by the following evidence:

1. "Complaint and Report Letter" registered mail (mail number: XA2328936xxx) and logistics situation; 2. 1 picture of "seaweed" packaging and receipt; 3. On-site Record of Sanya Market Supervision and Administration Bureau; 4. "Sanya Market Supervision and Administration Bureau Receipt and Approval Form" (No. 202200xx).

This organ believes that on the issue of whether the applicant's "complaint and report letter" is a complaint or a report. Although the letter mailed by the Applicant to the Respondent was named "Complaint and Report Letter", it can be seen from the content of the "Complaint and Report Letter" that the Applicant did not have a consumer rights dispute with the business operator and requested the market supervision and administration department to resolve the dispute, but reported to the market supervision and administration department that the business operator was suspected of violating the laws, regulations and rules of market supervision and administration. This agency believes that the letter mailed by the applicant is actually a report and not a complaint. Article 14 of the Interim Measures for the Handling of Complaints and Reports for Market Regulation provides that "the market regulation department with the authority to handle the complaint shall make a decision to accept or reject the complaint within seven working days from the date of receipt of the complaint, and inform the complainant" is aimed at the complaint, and this provision does not apply as the basis for handling the report. Therefore, the applicant's claim that "the respondent failed to inform the applicant of the acceptance within seven working days or did not accept the application, and the procedure was illegal" was not recognized by this authority. To sum up, since the "complaint and report letter" mailed by the applicant to the respondent is actually a situation of reporting. In accordance with the provisions of Article 48, Paragraph 1 (1) of the Regulations for the Implementation of the People's Republic of China Administrative Reconsideration Law, this organ decides as follows:

The applicant's application for administrative reconsideration was rejected.

If you are not satisfied with this decision, you may file an administrative lawsuit with the Haikou Maritime Court, the Second Intermediate People's Court of Hainan Province or the Intermediate People's Court of Sanya City within 15 days from the date of receipt of this decision.

Source: Sanya Municipal People's Government Network

Editor: Zhou Jing

First instance: Shi Stern Yin

Second trial: Gu Yan

Third trial: Yang Hong

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