The hired performance company lost the wedding video materials, and was happily doing medical beauty, but was "put together" by the medical beauty company... Recently, the Sichuan Higher People's Court released the typical cases of consumer rights protection in 2021, which involved these two cases.

Case 1: The wedding company lost the customer's wedding video

　　On February 1, 2019, Zhou and Xiao held a wedding and hired a performance company to provide wedding services.

The two ordered wedding services worth 5,500 yuan from an entertainment company, including hosting, photography, and the wedding scene, of which the photography service was 600 yuan.

After the wedding, Zhou and Xiao paid the full service fee.

　　After that, the performing arts company lost the video data of the wedding process and could not deliver the data to Zhou and Xiao.

Zhou and Xiao filed a lawsuit, requesting that the performing arts company return the service fee and compensate for spiritual comfort funds.

　　The Bazhou District People's Court of Bazhong City held that the video files of the dispute recorded important moments in the lives of Zhou and Xiao, and had special commemorative significance.

The performance company failed to deliver the camera data to Zhou and Xiao as agreed by both parties, resulting in the permanent loss of the carrier of the wedding scene. Its breach of contract resulted in Zhou and Xiao’s couple losing specific commemorative items with symbolic meaning to their personalities. ownership, causing mental harm to it.

Therefore, it was ordered that a performance company should return Zhou and Xiao's camera service fee of 600 yuan and compensate for 6,000 yuan of mental damage consolation money.

Case two spent 120,000 yuan for ordinary beauty?

　　In October 2020, Wang signed a project confirmation form with a medical beauty company, confirming that a medical beauty company provided collagen regeneration, cortical light welding and other treatment projects. The project cost was 170,000 yuan, and Wang actually paid 120,000 yuan. .

　　After that, the medical beauty company performed operations such as hyaluronic acid filling and liposuction for Wang.

However, Wang believes that the medical beauty company exaggerated the name and efficacy of the surgery, and only implemented ordinary beauty procedures after charging high surgery fees, which was fraudulent, and her face was swollen and her lips were not tightly closed after surgery, which caused her to suffer from depression. Therefore, the lawsuit requested to cancel the service contract, refund 170,000 yuan of medical expenses and pay 510,000 yuan of punitive damages.

　　The medical beauty company argued that there was no fraud, and that the Law of the People's Republic of China on the Protection of Consumer Rights and Interests was not applicable to the medical service contract, and the provisions of punitive damages should not apply.

　　The Chengdu Wuhou District People's Court held that the medical beauty company knew that the operation it performed was essentially different from the medical services it promised, but it did not fully explain to Wang, so it could be determined that the medical beauty company had committed fraud.

The court ruled in the first instance that the medical service contract was revoked, and the medical beauty company paid Wang 360,000 yuan in punitive damages.

Both Wang and the medical beauty company refused to accept the appeal, and the Chengdu Intermediate People's Court rejected the appeal and upheld the original judgment.

　　West China Metropolis Daily - Cover reporter Dai Zhuxin and intern Man Yiting