At 2 pm on August 24th, a reporter from Sanxiang Metropolis Daily came to Hongshanqiao Police Station in Kaifu District, Changsha City. Mr. Wang, Mr. Qin and his wife, Ms. Gong, the owners of Midea Air Conditioning Store in Yuehu Market, and two air conditioning installation masters all claimed that they were "victims", and the focus of the debate also pointed to an air conditioning salesman named Luo.
The contract was signed and stamped, the air conditioner was not installed, and the money was gone.
The reporter of Sanxiang Metropolis Daily learned that Qin and his wife, who are preparing to decorate their new house, bought a central air conditioner in the Midea Air Conditioning Store in Yuehu Market on August 3, and paid a deposit of15,000 yuan, agreeing to install the air conditioner within ten days. But the appointed time has passed, and even the shadow of the air conditioner has not been seen. He repeatedly urged the other party to install it at home, but the air-conditioning salesman who signed with him kept shirking it until he suddenly lost contact a few days ago.
Qin and his wife came to the store to discuss, and the owner, Mr. Wang, said that he was also a victim.
"A man named Luo told us to go to the store to buy air conditioners and said that he was the boss, so we signed a contract in the store." Mr. Qin presented the air conditioning purchase contract. The signature of Party B's representative is Luo, and the contract is stamped with the official seal of the company to which the air-conditioning shop belongs.
"I haven't received the money. How can I deliver the goods? " The owner, Mr. Wang, said that he and Luo had known each other before because of business. They also cooperated in several industries. "Luo stopped at the customer and then picked up the goods from our store."
But Mr. Qin does not accept this statement. "When signing the contract, Mr. Wang was there, and gave me a sales introduction, which was completely informed."
Buyers and installers have been fooled.
Ms. Gong, a customer who bought air conditioners through Luo in another beautiful air-conditioning store, also came to the police station. According to the screenshot provided by Ms. Gong, she transferred a total of more than 24,000 yuan of air-conditioning deposit. "I only installed the internal machine, but now I don't have an external machine, so people can't contact." The master who installed the air conditioner for Ms. Gong also complained, "We are also in a hurry, and he still owes us the installation fee."
The shop where Ms. Gong buys air conditioners is located in Wantian Building Materials Market. Luo is an employee of this shop. She worked for two months and left on June 30th. Like Mr. Qin's experience, Ms. Gong's repeated door-to-door consultations failed, and the owner denied it, saying that the situation was unclear.
As a "third party", the installation master said, "Luo is pretending to be the boss and shareholder." The installation master revealed that another buyer living in Sifangping also encountered such a situation.
Lawyer: If the owner is present when signing the contract, he will be responsible.
The police of Hongshanqiao police station said, "We will file a case for this matter and trace the whereabouts of the suspect Luo as soon as possible. For disputes between buyers and sellers of air conditioners, we suggest that they be resolved through legal channels. "
Regarding the legal responsibility of the owner of the air conditioner and his partner Luo in this incident, the lawyer of Hunan Wanhe United Law Firm said that according to the provisions of Article 224 of the Criminal Law, if a fictitious unit or a person signs a contract under the name of another person for the purpose of illegal possession, in the process of signing and performing the contract, if the amount is relatively large, it shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and fined.
Li Jian pointed out that if someone fraudulently signs a contract with another person's official seal to obtain illegal benefits, it is suspected of contract fraud, and the parties concerned have the right to report and accuse the public security organs. However, when signing the contract, if the legal person is in the store, it is in line with the agency by estoppel, and the merchant should bear the responsibility. And then recover from a third person.
At 7 o'clock on the evening of 24th, the buyer, Mr. Qin, called the reporter of Sanxiang Metropolis Daily and said that after negotiation, the owner, Mr. Wang, agreed to compensate his economic loss 1.5 million yuan in advance.