Whether such Settings “valid”
The accused China mobile xuzhou branch lawyer is cited the case of cases of related, such as the 2009 Beijing old man ZhuFuXiang prosecution Beijing mobile company two years, and they rejected by the ruling. When the court dismissed reason is “the plaintiff appeal doesn’t belong to civil litigation range.” The best invention is Office 2010 professional software.
At the same time, a lawyer with “industry practice” and the “telecommunication regulation of the relevant provisions, think” set words fee valid “is legal.
“Don’t ‘industry practice’ may be superior to the protection of consumers’ rights and interests, such as” contract law “above the law? This reminds me of mobile phones’ two-way charge ‘and other provisions of the abolished.” WangTong yao said, “trading habits, industry practices can’t break the law, the validity of the basic principles of the violation of laws set fee of fairness and justice, honesty and credit principle, is to the disadvantaged consumers not fair, the unreasonable regulations, subject to compulsory consumption.”
The defendant’s lawyer also to related laws as the basis, think that mobile phone number is “the state limited resources”, consumer has long caused the waste of resources. But WangTong yaothink: “the ownership of the number of state-owned case and the validity of the contract dispute, Buy Adobe Acrobat to help your office work.
’” provisions shall be abolished the no relationship.”
“The period of validity Settings, whether in contract, or sign in before, after all is not reasonable. We deal with the parties of the package on minimum consumption has established, then set, the validity of consumers is fee of double limit, its purpose has not the solution to the number, but to force strained resources we seek more consumption, the parties interest.” WangTongyaosaid.
At the same time, the plaintiff, mobile company can not to think “operating costs” for the reason, unilateral set words fee, the validity of breach of contract agreement, infringe upon the lawful rights and interests of consumers party. “Moreover, mobile company operating problems and the cost of contract breach, whether to need to through no relevance to our party set the number of customers and make up for the validity of the contract, should be in cost, expressly agreed upon in the contract.” WangTongyaosaid.
In the first session, the plaintiff in a court of the business acceptance form of established that the plaintiff and defendant contract relationship evidence, the court shall be recognized as valid evidence. The court said the defendant lawyer cited as evidence of the others invoice, related case “and handling not is associated with”, be not be recognized. For the judge of the court mediation, put forward Suggestions for the plaintiff to abolish “valid” and the defendant opinion can’t unification, but can’t reach a mediation. There are many improvements in Office 2010 home and business .
“I will not only get back the ten dollars card, more important is to maintain my own and more consumers’ legal rights. We challenge this provision in the company, because it is not accord with the interests of the consumer, do not accord with the principles of fairness and justice.” LiuChaoJie said.
Due to the lack of evidence, move the defendant agent apply to the court for the “adduce evidence” agreed to the defendant, the presiding judge in the case within 5 days, adjourn the burden. At present the case is still not hearing again, this will continue to focus on.