The above provisions can be generally understood as a "refund for three" "compensation for three" amount greater than or equal to five hundred dollars.
The operator knows that the goods or services are defective, but still provide to the consumer, resulting in the death of the consumer or other victims or serious damage to health, the victim has the right to request the operator to compensate for the medical costs, nursing costs, transportation costs and other reasonable expenses for treatment and rehabilitation, as well as reduced income due to lost wages. Where disability is caused, compensation shall also be paid for disability living aids and disability compensation. Where death results, funeral expenses and death compensation shall also be compensated. At the same time, the victim is entitled to claim punitive damages of up to twice the amount of the loss suffered. If serious mental damage is caused, the victim may demand compensation for the mental damage.
The term "fraud" here refers to the operator's intentional deception of consumption.
For example, Zhang San bought an expired ham worth 1 yuan, the date has been deliberately covered by the mall with a label. Zhang San ate hospitalized for 10 days, costing 10,000 medical expenses, identified as the expired ham. Zhang San daily wage of 500 yuan, no other costs, did not cause disability. Then Zhang San can also claim the mall compensation: (a) due to consumer fraud caused by property damage: 1 yuan + 500 yuan = 501 yuan; (b) due to the consumption of expired ham caused by personal health damage arising from medical expenses, lost wages: 10,000 yuan + 500 yuan / day X 10 days = 15,000 yuan; (c) punitive damages for personal injury: 15,000 yuan X 2 = 30,000 yuan. Three **** total: 501 yuan + 15,000 yuan + 30,000 yuan = 45,501 yuan.
In accordance with the provisions of the "Chinese people's *** and the State Food Safety Law", the production of food that does not meet food safety standards, or the operation of food that is known to be not in compliance with food safety standards, the consumer, in addition to compensation for losses, but also can be requested to the producer or operator to pay the price of ten times or loss of three times the amount of damages; increased compensation for less than one thousand yuan, one thousand yuan. However, the labeling of food, instructions for the existence of defects that do not affect food safety and will not mislead the consumer except.
Food operators do not comply with the requirements of the sale of food, by the people's government at or above the county level food and drug supervision and management department ordered to correct, give a warning; refused to correct, impose a fine of five thousand yuan or more than 50,000 yuan; the circumstances are serious, ordered to suspend production and business, until the revocation of the license.
Zhang San purchased a low-quality ham to fake, worth 1 yuan. Zhang San ate it and was hospitalized for 10 days, costing 10,000 yuan in medical expenses, which was identified as a result of the fake ham. Zhang San daily wage of 500 yuan, no other costs, did not cause disability. Then Zhang San can claim the mall compensation: (a) due to fraud to the consumer's losses: 1 yuan + 10,000 yuan + 5,000 yuan = 15,001 yuan; (b) punitive damages: 15,001 yuan X 3 = 45,003 yuan; ***Total: 15,001 yuan + 45,003 yuan = 6,0004 yuan.
Consumers who experience fraud can call the industry and commerce 12315 hotline. Consumers to the relevant administrative departments to complain, the department shall, within seven working days from the date of receipt of the complaint, be dealt with and inform the consumer.
The operator's fraudulent behavior meets the relevant elements of the crime, in accordance with the provisions of the criminal law conviction. In this case, consumers can call the police to deal with.