In fact, customers often complain that there are bugs or other foreign objects in the takeaway and demand ten times compensation. However, the merchants are not sure whether these foreign objects are caused by their own mistakes or maliciously placed by customers, and they don't know how much compensation should be paid.
In this case, what should businesses know and how to deal with it?
Do customers have the right to claim ten times compensation for eating foreign objects?
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The answer is yes.
According to Article 148 of the Food Safety Law, consumers who suffer from eating food that does not meet the food safety standards may claim compensation from the operators or producers.
In the production of food that does not meet the food safety standards or in the operation of food that is known to fail to meet the food safety standards, consumers can demand compensation from the producers and operators for losses that are ten times the price or three times the loss; If the additional compensation amount is less than 1000 yuan, it is 1000 yuan. However, the labels and instructions of food have the defects of not affecting food safety and not misleading consumers.
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Therefore, if the customer really eats foreign objects, he not only has the right to ask for ten times compensation, but also can ask for an increase to one thousand if the compensation is less than one thousand.
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How should the merchant respond when the customer claims to have eaten foreign objects?
First of all, the best way is definitely to solve it through consultation, such as giving it to customers for free, apologizing, or paying ten times compensation.
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However, if the merchant insists that the foreign objects in the food are not from his own store, then it is very likely that they were placed by customers, so it is necessary to consider whether he has any evidence to prove this.
For example, video surveillance and other evidence can prove that there are no foreign objects in the packaging of food, so in the face of customers' malicious behavior, businesses can complain to consumers' associations or complain to take-away platforms about relevant countermeasures.
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If the merchant has no evidence to prove that it is the other party's problem, it is best to communicate with the consumer and try to solve it through consultation, which is most beneficial to the merchant.
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However, consumers should also be reminded that malicious slander of business claims may be suspected of extortion.
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On 20 19, Qiandaohu police station received an alarm from Wu Mou, the person in charge of a take-away platform, claiming that a user of the platform had claimed compensation from the 10 merchant for half a month, all on the grounds that he had eaten worms in the take-away food he received. Wu Mou received feedback from merchants and riders, noticed problems and called the police.
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According to police investigations, Hu, a user of the platform, often orders takeout for his pregnant wife. One day, it occurred to him that there were bugs in the takeaway, which caused his wife to eat badly and claimed medical expenses from the merchant.
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After the success of this claim, Hu, who tasted the sweetness, was out of control and blackmailed other businesses on this grounds. In just half a month, he blackmailed more than a dozen businesses, involving an amount of 23 10 yuan.
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However, soon, Hu's story came to light, and he was criminally detained by Chun 'an County Public Security Bureau on suspicion of extortion.
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In short, for merchants, if a customer claims to have eaten a foreign object in the takeaway, and you have no evidence to prove that it is not their own problem, it is the first choice to negotiate.
If you feel that the situation is wrong, or you can prove that there is no problem with your takeaway, you can safeguard your legitimate rights and interests by complaining to the platform, calling the police, or other legal channels.
Finally, remind merchants to pay attention to food hygiene and safety issues. With the enhancement of consumers' awareness of rights protection, if the take-away hygiene is not up to standard, then customers' complaints may soon cause the problematic shops to "close down".
If you have any legal questions, you can consult a professional lawyer privately.