The newly bought house has lived for more than 4 years. I did not expect to detect indoor formaldehyde and found that it was exceeding the standard. These two days, looking at this indoor air test report, Ms. Cheng of Yongkang was surprised.
Since many of the furniture at home were made in the furniture store, she suspected that the problem lies in these furniture. However, after four years have passed, can the claim be successful?
owner:
Stayed in a new home for more than 4 years, 8 year old son often lost hair
Ms. Cheng’s house is in Yongkang City, which was bought in 2011. It covers an area of ​​more than 70 square meters, of which the main bedroom is about 15 square meters.
On September 28th of this year, Ms. Cheng went to a local brand furniture store, customized the bedroom closet, a number of top cabinets on the closet, a locker, a desk, and a living room TV cabinet, shoe cabinet, sundries cabinet, etc. In total, it cost about 1.2133 million yuan.
At the beginning of November, the store delivered the door to home. In January 2012, a family of three was happy to stay in the new home for the Spring Festival.
However, since April 2014, Ms. Cheng often feels that her chest is stuffy, her body is weak, and her weight has dropped from 104 pounds to 92 pounds.
Since July last year, she went to a number of hospitals for examination and treatment, and spent about 20,000 yuan on medical expenses, but the symptoms have not improved significantly.
What worries her more is that at the same time, the 8-year-old son began to lose his hair. The couple went around for medical treatment and spent about 30,000 yuan on medical expenses. Some new hair was born on the head of the child.
Hospital experts reminded: may be indoor formaldehyde exceeded the standard.
Therefore, Ms. Cheng entrusted an indoor environmental testing center in Zhejiang to test the air in the master bedroom, living room and small room in the home. On May 20, the center issued a test report. The test results showed that the formaldehyde content in the master bedroom and the living room were respectively It is 0.144mg/m3 and 0.123mg/m3, which exceeds the standard of 0.08mg/m3 formulated by the relevant state departments.
Store:
Can not prove that the formaldehyde is exceeded due to the furniture sold in this store
Seeing this result, Ms. Cheng felt that it was difficult to accept. "For more than four years, the formaldehyde has exceeded the standard, which has caused me and my son to get sick." She believes that the furniture store has the responsibility of not shirking and must be compensated.
Therefore, on May 24, Ms. Cheng held the test report and the hospital's medical record invoice, and complained to the local market supervision bureau 12315, asking the furniture store to return the full payment for the custom furniture, bear the testing cost, and compensate the medical expenses of the mother and the child 5 Ten thousand yuan and mental damages are 10,000 yuan, totaling 74,700 yuan.
After receiving the complaint, the furniture store insisted that their furniture had no quality problems.
“The furniture in her house, besides being made in our store, there are other furniture, not made in our custom, such as a bed in the master bedroom, a wooden floor and a set of cloth sofas in the living room. These furniture may also contain formaldehyde. "The owner, Mr. Li, asked for the custom-made furniture to be tested. "If we still detect excessive formaldehyde, we are definitely responsible for it."
Market Authority:
Merchants have the burden of proof, if they can not give evidence, they can not be excused
According to the investigation of the staff of the Yongkang Market Supervision Bureau 12315, according to the relevant laws and regulations of China, in order to prove that the formaldehyde exceeded the standard, the owner Li has the obligation to prove the evidence.
"If Mr. Li can't prove that he has nothing to do with him, the furniture store must bear the unfavorable consequences of the proof, and cannot be excused." The staff of the Yongkang Market Supervision Administration said.
Taking into account the fact that the evidence is difficult, the staff suggested that the parties suspend the dispute and resolve the matter through consultation in the event that it is difficult to distinguish the responsibility.
Through adjustment, the two parties finally reached a one-time settlement agreement: Mr. Li returned the complainant's custom-made furniture fee of 1.2133 million yuan, and assumed the cost of the test 700 yuan, and the medical expenses of Ms. Cheng and the child was 5167 yuan, totaling 18,000 yuan.
Mr. Li promised to transfer to Ms. Cheng's designated account before 24:00 on May 27. On May 28, Ms. Cheng called 12315 and said that a refund of 18,000 yuan has been received.
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