1. What should I do if I am cheated by a training institution? Can I sue for one refund and three compensation?
1. If the training institution refuses to refund the training course fee without justifiable reasons, the service purchaser may choose to complain to the Consumer Rights Protection Association or file a civil lawsuit to request the training institution to refund the fee;
2. If the training institution intentionally informs the other party of false information, or intentionally conceals the true information to induce the other party to make a wrong expression of intention, it can be considered as fraud. At the same time, it is in line with the relevant provisions of the law to increase the compensation by three times after the operator defrauded the consumer. You can bring a lawsuit to the court and ask the court to decide that the institution should refund the deposit or tuition fees, and you can ask it to compensate part of the liquidated damages;
3. If the training institution has legally and contractually provided course training to consumers, consumers cannot claim a refund at will.
Legal basis:
Law of the People's Republic of China on Protection of Consumer Rights and Interests
Article 16 Business operators shall perform their statutory and agreed obligations. When providing commodities or services to consumers, business operators shall perform their obligations in accordance with this Law and other relevant laws and regulations.
If there is an agreement between the operator and the consumer, they shall perform their obligations in accordance with the agreement, but the agreement between the two parties shall not violate the provisions of laws and regulations.
When providing commodities or services to consumers, business operators shall abide by social morality, be honest and trustworthy, and protect the legitimate rights and interests of consumers; Unfair and unreasonable trading conditions shall not be set, and trading shall not be forced.
Second, how to recover the money when the training class is cheated?
If you are cheated in the training class, you can recover the money through the public security organs. If you find yourself cheated in the training class, you should report or sue to the public security organ immediately, and the public security organ will help you recover the cheated money after filing a case for investigation. If the amount of fraud is large, the behavior of the training class violates the criminal law and constitutes the crime of fraud.
Legal basis:
criminal law
Article 266 Whoever defrauds public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail.
3. Under what circumstances does a training institution constitute fraud?
If a training institution commits fraud in the name of a unit, and the amount of fraud is between 50,000 yuan and 200,000 yuan, it shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; According to the law, if a training institution conceals facts for the purpose of improper possession, the public security organ shall file a case and hold the directly responsible person in charge and other directly responsible personnel accountable.
Legal basis:
criminal law
Article 266 Whoever defrauds public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail.
So far, if you still have relevant legal advice or other matters you don't understand, you are welcome to come for legal advice. Lawyers will provide you with professional legal consulting services, and a professional team of lawyers will solve your doubts and provide you with the best solution according to the actual situation.
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