Chapter 298: Then Let's Properly Hash This Out

Zhou Yi wondered if the system's halo had started working again; why was this person so irritable just from ordering takeout? Had they never received an education, or what was going on?

Originally, he had only intended to let the other party pay a few dozen yuan and call it a day, but looking at it now, was this person only satisfied if they paid one thousand yuan?

It was strange, yet not strange at all; the other party kept bringing up the platform's regulations, telling him to click on that insurance thing, but why should he have to click on those things just because there was a problem with the food he bought?

It was true that there was a platform, but he had bought the food from them, so now that there was a problem, he would naturally go directly to them.

So what should he do now? Should he try contacting the customer service of Xiao Lan first?

However, he had had similar experiences before; whether it was Chengdu, Ah Huang, or Xiao Lan, their customer service handled matters within their regulations very quickly.

For example, if you complained that a delivery driver was slow, that was simple: a penalty ticket would be issued, and by the way, you would be given a coupon for a certain amount off.

In any case, the platform didn't have to pay; this coupon was ultimately paid for by the merchant.

The fine was also levied on the delivery driver, so all in all, the platform made a killing.

Anyway, Zhou Yi had no regrets about making such a big deal out of the Big Data Price Discrimination last time; there were really just too many disgusting things these platforms did.

While Zhou Mouren was still hesitating about what to do, his WeChat notification sound went off at that very moment. He picked it up to look and discovered that someone had added him as a friend, with the note being that spicy hot pot shop.

Eh, had they suddenly found their conscience?

Zhou Yi clicked confirm to add the other party as a friend, but before he could even speak, the other side sent over several screenshots.

What was this now? Filled with curiosity, Zhou Yi began to look at those screenshots.

He immediately discovered that this must be the conversation between the spicy hot pot boss and the Xiao Lan customer service.

So, he hadn't even gone to customer service yet, and the other party had gone to them first?

After reading through the entire screenshot conversation, it was very simple: the boss was telling customer service to complain about him!

Yes, that was right, the boss had complained about him first; the previous demand for triple compensation seemed to have really provoked him, to the point that he started complaining to customer service first.

He said that a customer had now discovered a fly in the food and was demanding triple compensation from him.

The customer service's reply was: "When you encounter such a customer, just let them contact the consumer customer service themselves."

It should be clarified here that merchant customer service and consumer customer service are different.

What that customer service meant was that if the other party was unwilling to accept the Fangxin Chi Insurance, then let them go find the consumer-side customer service.

Not to mention anything else, this screenshot immediately made Zhou Mouren's temper rise; this meant they were saying, "Go ahead and find customer service, it won't get you anywhere anyway!"

After that, the boss sent another voice message.

"See for yourself, this matter has nothing to do with me anymore. If you don't click on the Fangxin Chi Insurance, that's your own business."

What the hell? Zhou Yi was a bit speechless now. Was there something wrong with him, or was there something wrong with the other party? Or were they just used to letting consumers solve problems through insurance after they occurred?

To be honest, Zhou Yi originally didn't want to click it because it was troublesome, but since it was like this, then... let the complaints begin.

Many platforms now have launched various types of insurance; to tell the truth, this is a good thing.

If any problem arises, there is naturally an Insurance Company there.

However, they seemed to have forgotten one thing: if a problem arises and you need to find insurance, you should be the ones to find the insurance, because the other side is the consumer.

Even if this process is simple, it should still be done by you; what the consumer wants is direct compensation!

But slowly, because everyone thinks "forget it, it's not easy for them," when problems arise, everyone takes the initiative to deal with the insurance and such, making people feel that this is how it should be done!

Moreover, how much the insurance can pay is really hard to say, and it is equivalent to directly lowering the amount that should have been compensated according to the law.

Originally, according to Zhou Yi's temper, he would already be at the Court by now, but life had been too comfortable lately, so he was really too lazy to run to the Court.

He was even too lazy to run to the regulatory departments, so he thought about it and found a 12315 Small Program on WeChat, and then filed a complaint on it.

The evidence for the complaint was the Photo he had taken earlier.

The core point was that he had eaten a fly in the food, but the merchant only agreed to settle the claim according to the Fangxin Chi Insurance stipulated by the platform. He wanted to claim compensation according to the amount stipulated by the Food Safety Law but was refused, stating that they only recognized the takeout platform's rules, and they even complained to customer service about his legitimate demands.

Then there was his demand: ten times the compensation, and because it was less than one thousand yuan, it had to be calculated as one thousand yuan!

Complaint filed, done.

This is the method many people use after encountering problems: online complaints or telephone complaints.

Generally speaking, people like Zhou Mouren who carry a pile of materials and evidence and run directly to the scene to complain are truly rare.

After Zhou Yi filed the complaint, he didn't pay any more attention to it. Unsurprisingly, the processing time for this kind of online complaint would be relatively long.

He had been living a carefree life with Fang Dazhuang and Zhou Cainiao during this time, and he really didn't want his mood to be affected.

Moreover, regarding such a situation, he didn't want to be too serious; just filing an online complaint to make a point and letting that boss be educated was enough.

Zhou Mouren started his life of indulgence again. Slowly, the weather had turned cold, and according to normal circumstances, Jingzhou was about to start heating.

Heating is a major event among major events for the northern regions!

As for heating, only those who have used it know how comfortable it is, while the cold in the south during winter can numb one's soul.

Since he had moved in this year, Zhou Yi planned to ask Liu Nainai how to pay the heating fee and what the heating situation had been like in previous years.

He had finished tidying up and was just about to go out when his phone rang. He answered it and heard the other party claiming to be Xiao Lan's customer service.

They said that because he had filed a complaint, they were calling to resolve the problem.

"Sir, we can only tell you that our platform has regulations; if a problem occurs, it must be compensated according to the insurance. Your so-called ten-times compensation demand really does not comply with the regulations..."

Having been baptized by major companies, Zhou Yi was no longer easily angered by such small matters.

"Platform regulations"—this is a sentence you will encounter in many situations when you try to defend your rights.

"This is how we regulate it here," they say, completely ignoring whether your regulation is illegal!

As it happens, what Zhou Mouren is best at, and the point he is most serious about, is your regulations.

Who says that just because you have regulations, one must listen? If the regulation is wrong, it must be changed!

Or you can ask Chengdu; after all, Ah Huang and your Xiao Lan were just collateral damage last time. Oh, and there was another even more unlucky guy, so that's fine.

"I ask you, is your platform's regulation greater, or is the law greater? As a customer service representative, do you not even know the most basic legal principles? Higher-level laws take precedence over lower-level laws, and special laws take precedence over general laws. Since when could your platform's regulations override the law?"

"If everything were done according to your regulations, then what would be the point of the Food Safety Law?"

Hearing that the other party still seemed to intend to bluff, Zhou Yi said directly: "Alright, you don't need to say anything else. I also know that you don't have much authority, and this matter doesn't have that much to do with the platform anyway."

"I will continue to report it, please rest assured."

After saying this, Zhou Yi hung up the phone directly; this was none of the customer service's business, and even if he reported it, he was reporting the merchant.

He opened the Small Program to check the progress, and sure enough, it had already reached the Guangming District Market Supervision Bureau of Jingzhou City.

The procedure was the same as always; going directly to the Market Supervision Department of Guangming District to report had one benefit: it could solve the problem directly and quickly.

If you report online, you have to wait for the matter to go from the reporting platform above, layer by layer down to Guangming District, and then have Guangming District take over.

Let's go to Liu Nainai's house first; I expect that after this, there will be a call from the regulatory department, or a call from that boss.

Carrying some things, Zhou Yi went up to the seventeenth floor and knocked on Liu Nainai's door.

He also took the opportunity to look at his new neighbors upstairs; he had seen them a few times since they moved in, and it seemed to be a family of three, but there wasn't really any noise.

The door opened, and Liu Nainai looked outside and immediately smiled: "Zhou Yi? Hurry in, hurry in."

Zhou Yi walked in and looked around casually, and immediately discovered some inexplicable things.

For example, some belts, for example, some shoe insoles, and some strange medicine; of course, perhaps they were health supplements.

Looking at the sofa again, a young woman stood up with a smile on her face; it was the same young woman he had seen in the Elevator last time. Looking at the situation, she seemed to be very close to Liu Nainai.

"If you come, just come, why bring these things? Hurry and sit down."

After Liu Nainai finished speaking, she pointed to the young woman beside her and said: "This is Wang Rui, she is from that... that company, here to let me experience their products."

"Oh, hello." Zhou Yi extended his hand.

Wang Rui also hurriedly extended her hand, wearing a smile.

"You, Mr. Zhou, never visit without a reason; is there something the matter?" Liu Nainai teased.

Zhou Yi looked at that Wang Rui and then said: "It's just that heating is about to start soon, so I wanted to ask you where we pay the heating fee and what the standard is?"

"Oh, that; it's on the left-hand side after you leave our Small Residential District, about one kilometer away, there is a station for the heating Company. You take your property certificate there to link it, and then you can pay directly."

"As for the standard, we in Jingzhou all have one standard, the same as before."

Zhou Yi nodded and said: "That's fine, thank you, Liu Nainai."

"Oh, by the way, Miss Wang, what company are you from again?"

Wang Rui hurriedly said: "Our company is called Tiancheng Company, and the company specializes in some health supplements for the elderly. If you have elderly people at home, you can also introduce us to them."

"Oh, okay, okay." Zhou Yi was just about to say something when his phone rang again.

"Then Liu Nainai, I'll leave first, you two go ahead."

Leaving Liu Nainai's house, Zhou Yi was a bit suspicious; this Wang Rui should be a salesperson for that Tiancheng Company, the kind that sells health supplements.

Elderly health supplements, claimed to be things that make as much money as women's cosmetics and skincare products!

Better answer the phone first.

"Hello, is this Mr. Zhou? I am from the Guangming District Market Supervision Bureau, and I am calling to understand the situation with you."

Eh, the speed is not bad. Zhou Yi said: "Yes, it's me. What would you like to know?"

"Mr. Zhou, three days ago you filed a complaint on the 12315 Small Program about a restaurant, saying that you found a fly in their food, right? And then, I see here that your only evidence is that Photo, so there is a bit of a problem."

"Your evidence is not sufficient, because currently, based solely on your evidence, it is impossible to prove that this fly was in the food itself. Of course, I am not doubting you intentionally, but rather saying that your evidence is insufficient and the probative value is not strong enough."

The young man on the other end spoke very politely, and Zhou Yi was also a bit confused by what was said; before, Zhou Cainiao had told him not to worry, that the evidence was sufficient.

And at this moment, Zhou Yi was also a bit curious; if this were the case, ordinary people would have no way to seek Legal Aid in this regard.

"Comrade, wait a moment. What you mean is that I opened that food, and then there is only that photo with the fly in it, right? But Comrade, let's look at this with universal reason: it's impossible for anyone to film an unboxing video while eating a meal; that's not realistic."

"And there is no Monitoring installed at home either. This evidence you speak of, I don't think many people could produce it."

He hadn't asked Zhou Cainiao clearly at the time, so Zhou Yi didn't know the specific regulations.

But he used the most simple logic to understand this matter and felt it was unrealistic.

If it were really like this, then there would be no way to seek Legal Aid in the food delivery field; restaurants would be better, as they generally have Monitoring now.

"I can't help with this problem either, Mr. Zhou. I have to tell you, since you can say these things, it shows you also know a bit of law. We all know this: Burden of Proof; you claim that the other party's food had a fly in it, you have to produce sufficient evidence."

This... Zhou Yi didn't know what to do.

"That, Comrade, can you wait a moment? I always feel it isn't like this. How about I go find a Lawyer friend to ask, and then I'll call you back, is that okay?"

The young man on the other end was silent for a moment, probably not expecting Zhou Yi to say that, but he still agreed.

Hanging up the phone, Zhou Yi immediately dialed Fang Dazhuang's number without delay.

At this time, of course, Fang Dazhuang was reliable, and the key was that Zhou Yi also wanted to clarify this problem.

It is said that reporting, filing a lawsuit, and legal channels—the premise for all these things is securing evidence!

Then, according to normal circumstances, when evidence is not easy to secure, what should one do?

Or does one have to record an unboxing video every time before eating a meal?

That is truly not realistic.

The call connected, and before Fang Dazhuang could speak, Zhou Yi had already started: "Fang Dazhuang, paid consultation."

"Good, state the problem."

Zhou Yi hurriedly stated his previous doubts and then asked: "Fang Dazhuang, you all always say, Burden of Proof, so what should one do when encountering such a situation?"

"Burden of Proof, this is a provision of the Civil Procedure Law." Fang Dazhuang inside the law firm said with a relaxed face: "However, it is not the case that all civil disputes must use the principle of Burden of Proof."

"In legal practice, especially in disputes between consumers and sellers, the consumer is in a naturally disadvantaged position, so the Supreme People's Court also has relevant Judicial Interpretation."

"That is, except where the law provides otherwise after the Burden of Proof."

"And in litigation evidence, we also have many principles, such as the Reversal of Burden of Proof principle, such as the Transfer of Burden of Proof principle, and so on."

Fang Dazhuang began the relevant explanation, and Zhou Yi listened very carefully.

Truly counting it, this was the first time he had come into contact with these things, which made the heart of Zhou Mouren, who had originally thought the law was just like that, settle down again.

The law is truly very cumbersome; this is why many Lawyers will say they don't know much.

"Especially in the field of consumer Legal Aid, our newly issued Consumer Rights Protection Law has relevant provisions. For some durable goods or services, the burden of proving defects applies the Reversal of Burden of Proof principle."

For example, if you buy a computer and it has a defect that affects its use, and a dispute arises over the division of responsibility, the other party might claim that you caused it.

In such a situation, you do not need to provide proof; on the contrary, the other party needs to prove that the computer did not have this defect when they sold it to you.

This is Reversal of Burden of Proof.

By the same token, Transfer of Burden of Proof is the same.

"In this regard, the Supreme People's Court's Provisions on Several Issues Concerning the Application of Law in the Trial of Food and Drug Dispute Cases states that after a consumer 'preliminarily proves a causal relationship between the damage and the consumption of food or use of drugs,' the producer or seller of the food or drugs must prove that the damage was not caused by their product failing to meet quality standards."

Uh... Zhou Mouren was dizzy again.

"To put it in plain language, in your case, if you encountered a fly while eating inside, and the other party claims they didn't cause it, then they must prove that the fly was not caused by them, whether intentionally or through negligence."

This is Transfer of Burden of Proof.

One cannot have both sides bickering when a dispute occurs, with each side claiming they are right; there must be a set of rules to solve the problem, and this is that set of rules.

Why does this provision exist? Because food and drugs are very special—special to the point that if you buy other things knowing they are fake and then demand money, you will very likely be charged with Extortion!

But food and drugs are exceptions; this is also within the "Provisions."

In other words, for food and drugs, buying knowing they are fake is not considered Extortion!

Opening a shop to sell food has never been that simple; food and drugs have too much at stake.

"Alright, I understand, I'm hanging up now!"

After hanging up the phone with Fang Dazhuang, Zhou Yi quickly dialed the young man's number; let us do everything according to the law.

I had planned to write at home all day yesterday, but an accident happened, and it wasn't resolved until this afternoon, so the update is much smaller, but it's okay; this is a 5,000-word long chapter, there should be another chapter today, and after that, I'll see about taking a leave tomorrow to give everyone two more days of explosive updates to make up for it.

Thanks for the tips, will list them in the next chapter.

These legal theories are all just one person's opinion; after searching through many consumer dispute cases, I found that some judgments applied Transfer of Burden of Proof while others did not—that's Free Discretion for you—anyway, everyone can take a look, but the legal articles and such are all real.

(End of chapter)