The Opening Account Was Stolen, and the Backhand Recharged 1 Million

Chapter 379 Fang Daxiang is starting to warm up!

Everyone is a worker, why bother to beat a worker.

Is this sentence right? It makes sense, because if you embarrass others today, they may embarrass you someday.

After all, everyone is a member of the social system, and one day you may change from being served to a serving person.

But because of this, can we not defend our rights?
As long as you defend your rights, the other party will press down on the grassroots employees. What should you do?

The simplest thing is that you complain about a company, but the other party sends a staff member to chat with you, crying and kneeling for you to withdraw, saying that if you persist, I will be fired, and my whole family will have nothing to eat.

what do you do

Zhou Yi already knew the situation from Chu Lan, smiled and said: "Because of this, we must be serious when we should be serious."

"Believe it or not, if no one takes it seriously, the hole may only be one centimeter wide today, but it will become one decimeter, one meter tomorrow!"

Fang Dazhuang explained this principle in detail in a previous comparison. If you don’t occupy the high ground of power, it will be occupied by others.

Big data killing, personal information infringement, right to know, right to choose, etc., may sometimes feel that this is irrelevant, but capital is to make money!
When Zhou Yi was serious before, he met many company employees, and many of them used the method of moral kidnapping.

But he rejected them all!
If those who have been punished inexplicably can stand up and sue if they say they want to sue, then there will be a solution.

But the reality is that most people have no way to sue.

It can only be said that system building has a long way to go, and we cannot have both.

The public opinion on the Internet is getting bigger and bigger, which is different from before. This time, everyone spread casually about Tengda.

Don't ask why.

As a result, more and more discussions have emerged, and many people have begun to think that this kind of thing cannot simply be a moral kidnapping, but it cannot be fully explained.

After all, anyone can tell the truth, but if you really meet him, you must be thinking about letting the other party let you go.

Even though it wasn't a conflict between them at all.

So under such circumstances, the source of the error began to be criticized by everyone.

Operators, that is the target, no one will scold a few words these days.

But when there are more people complaining, this is public opinion!

Especially on the Internet, when three people become tigers, the original story becomes sour after being passed on.

It originally said that if there is no mediation, the relevant employees of the mobile company may be punished.

There is no need for others to disclose this, even a worker can guess it.

But it has been passed on, these employees have been punished in various ways, and their leaders will often wear small shoes in the future.

This is getting hotter and hotter. After all, how should I put it, they are all beating workers, and everyone is worried that something like this will happen someday.

Then, Mr. Hong of Handong Provincial Company noticed.

"How do they do things in Jingzhou, such a thing makes the city so stormy?" Mr. Hong was furious there.

Should the company refund the money? This is something that can be argued in court, but because the employees can't mediate, and then they have to be punished, this is a problem.

Although many companies today have such problems, you can't say it, right?

Master knows to turn off the lights, okay?

Because everyone knows that this has nothing to do with the employees. They follow the regulations and can only do things according to the regulations.

So under Mr. Hong's call, General Manager Fan of the Jingzhou branch was scolded again.

As a last resort, I can only issue a statement, that is, it is impossible for the company to punish employees for such things.

However, there will be pre-court mediation soon, and this time the company's legal counsel will be sent to talk.

Principles cannot be changed. For China Mobile, this is a matter of principle.

I can talk to you about paying you twice the phone bill, but I can't pay you in cash.

And the statement also said that all the fees are collected in accordance with the company's regulations, and there is no arbitrary charging.

Under such circumstances, the case began pre-trial mediation.

In the Guangming District Court, Wang Daoren, Zhang Wei and Wu De, the parties involved, sat in the mediation room.

This case is very special, the target amount is small, but the significance of the representative is not small.

There are two things, one is the liquidated damages, and the other is the package fee.

The mobile company sent the legal staff from the Jingzhou branch, surnamed Chen, called Chen Wenjing, dressed in a boxy look.

The judge was not Li Xusheng, but another judge of the Second Civil Court surnamed Ou.

"So you guys think the money is right?" Wu De asked with a confused face.

"Mr. Wu, whether it's the liquidated damages or the monthly rental package fee, they are all collected according to our company's regulations." Chen Wenjing who was opposite said.

"However, if it's not a violation of the regulations, then why do you say that you have to pay me for the phone call during the mediation?" Wu De asked back.

"That's because Mr. Wu, you kept going to the business hall to make troubles, which made the business hall unable to operate normally, so I couldn't give you such a solution." Chen Wenjing continued.

Wu De didn't know what to say for a while, after all, he had made a fuss.

Chen Wenjing then said again: "So, Mr. Wu, my suggestion is that we don't need to talk about this matter with emotions. It's just a trivial matter."

"No, I don't think it's a trivial matter!" Wang Daoren next to him said.

"This is your company's disregard for the rights of ordinary consumers and various civil rights of others because of its status. It has nothing to do with how much money you have!"

This is the spirit that Wang Daoren learned from Mr. Zhou's video, and it is the truth that is more true.

Of course, in the eyes of many people, this is a slap in the face, and it is a label, such as Chen Wenjing, lawyer Chen.

"Lawyer Wang, right? As a lawyer, you should be sensible. There is no need for such a small problem to be on the line."

"Judge Ou, we came here today with sincerity, but if the other party has always been so emotional, we really can't go on talking."

The latter sentence was spoken to the mediation judge.

Judge Ou looked at Wang Daoren upon hearing this, and was about to say something, when he saw that the other party had stood up.

"Judge Ou, what Lawyer Chen said is very reasonable. I also think there is no way to talk about it. Since there is no way to talk about it, I don't think we can talk about it. Let's just start the court according to the time."

Wu De and Zhang Wei next to them reacted a little slower, and quickly stood up, turned around and left without any hesitation.

While watching, Chen Wenjing was stunned.

Before he came here, he never thought that the other party would be so rigid. He knew that Teacher Fang in Jingzhou was very rigid, so he left immediately.

I didn't expect these people to do the same!
Little did they know that Wang Daoren was already in full bloom at the moment, he wanted to experience such a feeling for a long time, okay?
In the past, if he wanted Lawyer Wang to be his defender, the one who begged his grandpa to sue his grandma every day would have to say good things when others slammed the table.

There is no way, neither the plaintiff nor the defendant is particularly rigid, regardless of whether it is the plaintiff, in fact, it is not the case in many cases.

Seeing Fang Dazhuang and Mr. Zhou leaving without a word before, I was so envious that I was dying, and today I finally got my wish.

"Lawyer Wang, Mr. Wu, you..."

Chen Wenjing yelled a few times, but he didn't respond at all, and hurriedly spoke to the judge.

However, the judge looked at it and could only spread his hands, expressing that he was helpless.

As for mediation, the judge cannot force it, it must be voluntary.

Chen Wenjing sighed. Before coming here, the leader of the Guangming Branch also said that he could mediate as much as possible, after all, the matter was already a bit serious.

Their operators also have relatives, but because of different circumstances, generally speaking, relatives will not directly punish them.

But now, when the public opinion is getting bigger and bigger, God knows if my father will make a move!
It's just that the company is tense and doesn't want to be like this. After all, there are assessments on the board, and there are assessments for porting the number to the network and selling the account.

This kind of liquidated damages is just to prevent people from canceling their accounts.

The mediation was unsuccessful, and the corresponding news soon appeared on the Internet. Under such circumstances, a bunch of people have spontaneously started to check in with the relevant departments.

Just ask you, this kind of blatantly using the so-called liquidated damages to prevent users from canceling their accounts, don't care!

Give the package without the user's consent, and when it's over, you don't want to cancel the account after collecting money.

Although it seems that the dispute is caused by the 130 yuan, everyone is not blind. This is because the operator is preventing the user from canceling the account!

It's just that the original matter was about to be resolved, and the company only needed to refund that part of the money.

It's a pity that people don't agree at all...

The branch of the mobile company in Jingzhou City actually has a branch under it, the Guangming Branch, and the Guangming Branch is mainly responsible for this matter.

Below is the business hall like Manager Zhou.

Since the mediation fails, the only option is to go to court.

The situation has changed now, their company can't easily admit that they give other people packages without permission!
So it has to be resolved in court.

Under such intense attention, it was time for the trial of the first instance.

Zhou Yi and Fang Dazhuang came to observe as usual, such a case is very representative.

Sitting on the listening table, Zhou Yi looked at Fang Dazhuang and said, "Fang Dazhuang, you have also talked with Wang Daoren and the others, do you think you can win now?"

After all, this case has attracted more attention, so Zhou Yi asked Fang Dazhuang to check it in advance.

"As far as the current situation is concerned, the liquidated damages should be refundable. I have seen the other party's evidence, and I can't prove that the package was approved by Wu De."

"Looking at one of their evidences, they said that they sent a text message to Wu De to open the package, but he didn't reply to cancel, which means that he agreed by default, and he should have said so."

Zhou Yi heard the words and said, "Is this okay?"

"Of course not. As far as this case is concerned, it is very likely that it will not be accepted. This kind of text message can easily be regarded as a spam text message." Fang Daxiang shook his head.

As for the counterfeit evidence... This is just a joke. If you lose the lawsuit, you lose, but if the counterfeit evidence is discovered, then it is not a matter of losing money.

Speaking of this, Fang Dazhuang said again: "But it's hard to say about the monthly rent. Their company does stipulate that the monthly rent must be paid in the month when the account is closed. It depends on how well you perform."

It is the highly probabilistic rule mentioned earlier, depending on which side you are more convincing.

Why, because the evidence that Wu De can give here is that he did not inform in advance.

However, this kind of regulation is generally in the user notice, but it is estimated that many people will not read the pile of things when they apply for a card...

So it's going to be a joke.

Things really happened as Fang Daxiang expected.

Regarding liquidated damages, there is indeed no evidence, but the other party claimed that Wu De had been notified, and he did not deny it.

And because it is a "free" package, he does not need to pay, so it can take effect if the other party does not deny it.

Yes, it's true that you didn't fully agree, but we texted you and you didn't specifically deny it.

As for the monthly payment, Wang Daoren's point of view is that since it is not used anymore, it cannot be accepted. The other party's regulation is to restrict one's own rights through standard terms, so it should be invalid!
This brings up the invalidity of standard clauses.

Then Zhou Yi saw that Fang Daxiang next to him couldn't sit still anymore.

Sometimes he mutters something, sometimes he rolls up his sleeves, as if he is about to go up in person in the next second.

After a lot of wrangling, finally, the court made a verdict!

The presiding judge delivered the sentence.

The focus of the dispute between the two parties is whether the "free" package must be fully agreed by the other party, and whether there is no denial after notification.

The question of the monthly payment is whether the standard terms are valid.

This is where Wang Daoren was brought into the pit, because the judge stated in the judgment that whether the standard clause is invalid or not needs to be prosecuted in a separate case, and Wu De should know the relevant regulations.

According to the current regulations, it is necessary to pay.

Therefore, the judgment is as follows: the mobile company is judged to refund the liquidated damages of 60 yuan, and the other claims are rejected.

Winning, but not quite winning.

Just after the verdict was read out, Zhou Yi saw that Fang Dazhuang next to him was in a hurry.

In other words, he couldn't sit still during the debate just now, and wished he could get out.

"What's the matter with you two legal affairs? What kind of standard clauses are you talking about with the other party? Isn't it obvious that you are being led into the ditch?"

"It is unreasonable to charge directly with them when they are not using it. Such a contract is obviously unfair and violates the principle of contract fairness in the Civil Code!"

"I'm convinced too..."

"Let them file an appeal, and I will fight your second trial. I'm so anxious!"

It can be seen that Fang Daxiang is really anxious. Although the case is indeed easy to argue, but the other party's few words have brought the rhythm, which is obviously a problem!

The direction is wrong, no matter how much you say, it is useless.

Zhou Yi smiled and said, "Okay, then I'll tell them."

On the other side, Wang Daoren received a call from Zhou Yi.

"Mr. Zhou, should we file an appeal? Teacher Fang wants to go in person?"

After hanging up the phone, Wang Daoren looked at Zhang Wei and then at Wu De: "Boss Zhou said to appeal."

Zhang Wei has gotten used to it, according to his previous thinking, there is no need to appeal.

But for now, let’s bring it up.

Coincidentally, I ran into Chen Wenjing just after arriving at the place.

"Are you going to file an appeal? See you at the second trial!"

　The second update, the third update will be later.

　　
　
(End of this chapter)