123 15 function:
It is a consumer complaint handling institution established in the Industrial and Commercial Bureau. If the merchant's behavior violates the relevant industrial and commercial administration laws and regulations, 123 15 will call consumers and merchants for mediation at the same time or after mediation. As for whether consumers will get compensation, 123 15 has no enforcement power, depending on the mediation results. However, if serious quality problems are involved, they will inform the administrative department of the relevant situation and the administrative department will investigate and deal with them. So merchants are more afraid of 123 15 and 5. Manual service is only provided during the day, and recording and message service is provided from 5: 30 pm to 8: 00 the next day.
12345 function:
That is, 12345 government service hotline refers to the public service platform established by local municipal people's governments, which consists of telephone 12345, mayor's mailbox, SMS, mobile phone client, Weibo, WeChat, etc. Hotline 12345 can improve the service level for the people, promote administration according to law, innovate social governance, and safeguard the legitimate rights and interests of natural persons, legal persons and other organizations. 12345 government service convenience hotline is an innovation of Meishan government service and a useful attempt to promote mass work by taking the' big data' express train.
Complaint result:
If the merchant ignores the complaint of 123 15 and does not actively cooperate, the Consumers Association will report the matter to the local administrative department for industry and commerce, and the industrial and commercial bureau will punish the merchant.
1. After the consumer complains to 123 15, the Consumers' Association will organize the merchants to negotiate and solve it. If the merchants and consumers can't negotiate well, the Consumers Association will report the matter to the administrative department for industry and commerce.
2. The industrial and commercial bureau will investigate the behavior of the merchants and impose administrative penalties on the merchants (enterprises and merchants) according to the investigation results. Including revocation of business license, fines, confiscation of illegal income, and order to suspend business.
3. Consumers can file a civil lawsuit against merchants (enterprises, merchants) to the court, and ask the merchants to make various compensations.
Four solutions:
1. A friend said that if you meet a black-hearted businessman, it is useful to call either of the above two hotlines. Call 123 15 to complain about the merchants, and the merchants will soon receive complaints from the State Administration of Market Supervision. Similarly, after calling 12345 to complain, the staff will record the cause of the incident and contact their counterparts for follow-up treatment, and will reply soon. In some cases, it may be handed over to other departments for handling.
2. It depends on the problem. For example, if there is a dispute between the consumer and the merchant over the purchased goods or services, such as "the goods are defective and not in conformity with the actual situation", they can call 123 15 to make a complaint. For other disputes, if 123 15 is not accepted, is it ok? E call the local government service hotline 12345 to make a complaint. ?
3, in accordance with the provisions of the specific matters. Some users said that it was useless to call the hotline 123 15, which led to the situation that merchants were not afraid of 123 15. After the actual investigation, it was found that some users didn't tell the truth when they complained about the merchants, but when the staff of 123 15 checked again, the merchants produced real and powerful evidence to reject the users' complaints. At these times, whether calling 123 15 or 12345 is invalid, so when you initiate a complaint, you should truly explain the cause of the matter and provide corresponding evidence and materials.
4. Users think online complaints are more effective than telephone complaints. Take 123 15 as an example. If you call the hotline 123 15 to make a complaint, the operator may divert the problem to other local departments. If you are not satisfied with the handling of her department, you can only leave it alone. However, if you complain on the national network platform of 123 15, you can complain again if you are dissatisfied. The official platform is under the unified management of the city, and will evaluate the local handling of this problem and report it to the city after the problem is handled.
The clause 13 123 15 is not accepted:
According to the Law on the Protection of Consumers' Rights and Interests and Order No.51of the State Administration for Industry and Commerce, the following situations 123 15 will not be accepted:
1, there is no clear defendant;
2. There are no specific appeal requests, facts and reasons;
3. Goods purchased beyond the warranty period or beyond the warranty period;
4. A mediation agreement has been reached and implemented, and there is no new situation or new reason;
5, the court, arbitration institution or other administrative organs have accepted or dealt with;
6. Consumers know or should know that their rights and interests have been infringed for more than one year;
7. Consumers can't prove that their rights and interests have been infringed.
8. Disputes over purchase and sale activities between operators;
9. Private transactions between consumers.
10, and the purchased goods are marked as "processed products":
1 1. Failing to install, use, keep or disassemble the goods according to the instructions for the use of the goods, causing damage to the goods or personal injury;
12, which is not under the jurisdiction of the administrative department for industry and commerce.
13, which does not conform to the relevant provisions of national laws and regulations.
Legal rights and interests:
1, not afraid of 123 15, because 123 15 only has the happy air duct in normal operation, so don't worry.
The state protects the legitimate rights and interests of consumers from infringement. The state takes measures to ensure that consumers exercise their rights according to law and safeguard their legitimate rights and interests. The state advocates civilized, healthy, resource-saving and environment-friendly consumption, and opposes waste. Protecting the legitimate rights and interests of consumers is the common responsibility of the whole society. However, if consumers' rights and interests are not harmed by businesses, then businesses are naturally not afraid of what 123 15 calls "a straight body is not afraid of a crooked shadow". That's the truth.
3. According to Article 3 of the Law of People's Republic of China (PRC) on the Protection of Consumers' Rights and Interests, business operators shall abide by this law when providing consumers with the goods or services they produce and sell; Where there are no provisions in this law, other relevant laws and regulations shall be observed. Business operators and consumers should follow the principles of voluntariness, equality, fairness, honesty and credit. Therefore, businessmen are supervised by the state. If there is any bad situation, you can call 123 15 to make a complaint.
Relevant laws and regulations:
Article 43 of the Law of People's Republic of China (PRC) on the Protection of Consumers' Rights and Interests: If an operator violates the provisions of Article 25 of this Law and infringes on the personal dignity or personal freedom of consumers, he shall stop the infringement, restore his reputation, eliminate the influence, make an apology and compensate for the losses. Article 44; Where a business operator provides goods or services, causing damage to consumers' property, it shall bear civil liabilities such as repairing, redoing, replacing, returning goods, making up the quantity of goods, returning the payment for goods and services or compensating for losses according to the requirements of consumers. Where there are other agreements between consumers and business operators, such agreements shall prevail.