A bad day in court for 4 service providers

Updated 2017-03-16 10:01:51 Shanghai Daily

Pudong New Area People's Court issued rulings on four consumer finance cases yesterday, which marked World Consumer Rights Day.

All four cases involved people whose rights were infringed by service providers. The court backed their cause in each case.

In a credit card fraud case, a card holder surnamed Xia sued his card issuing bank after finding 51,000 yuan (,380) was unexpectedly withdrawn from the card in South Korea last October.

After receiving an acknowledging message on his phone, Xia immediately reported the loss to police. He said the bank claimed the transaction was made with a bona fide card and correct pin code, and refused to compensate him.

The court ruled yesterday that the bank should be responsible for the loopholes in its card security system. The court said Xia had reported to police in Shanghai within an hour after the transaction in South Korea, proving information of Xia's card had been copied onto a counterfeit card.

Xia had fulfilled his duty of giving immediate notice to the card issuer, and should therefore be compensated.

In another case, involving a car accident, a driver surnamed Qu caused a rear-end collision when driving a car belonging to his company last October. Qu took full responsibility for the accident. However, Qu said the car's insurance company had failed to assess the damage in a prompt manner.

Qu's company then entrusted a third-party company to assess the damage, which was assessed at around 108,800 yuan. Qu said the car insurance company refused to cover the compensation.

The insurance company told the court that its assessment result showed the damage was estimated at 16,900 yuan, which was why it had refused to pay any further compensation.

The court ruled yesterday that the car insurance company should have completed its assessment within 30 days of the accident.

The assessment report provided by the third-party company was accepted, and the insurance company was told to compensate accordingly.

Pudong New Area People's Court reported 26,607 consumer finance cases last year, a 54.6 percent increase from 2015.

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