Title: What should I do if the deposit is not refunded? ——Rights protection guide and hot case analysis
Recently, the issue of “non-refundable deposits” has become one of the hot spots for consumer complaints. Whether it is buying a house, a car, education, training, or wedding services, deposit disputes occur frequently. This article will combine the hot topics and cases in the past 10 days across the Internet to provide you with structured solutions.
1. The difference between deposit and deposit
| type | legal nature | Return rules |
|---|---|---|
| deposit | The nature of guarantee is subject to the Civil Code | If the payer defaults, no refund will be given; if the receiver defaults, double refund will be required. |
| deposit | Nature of advance payment | Refundable by negotiation, no binding restrictions |
2. Recent hot cases (2023 data)
| industry | Typical cases | Rights protection results |
|---|---|---|
| Education and training | An organization closed down after collecting a deposit of RMB 20,000 | Consumers recover 60% of money through class action lawsuit |
| real estate transaction | Developer refuses to refund 100,000 house purchase deposit | The court ordered refund + interest compensation |
| Wedding services | Wedding canceled due to epidemic, no deposit refundable | 50% refund for mediation |
3. Five-step method for safeguarding rights
1.evidence fixed: Save contracts, payment vouchers, and communication records (including recordings)
2.Legal basis: Quoting Article 53 of the Consumer Rights Protection Law or Articles 586-588 of the Civil Code
3.Negotiation and communication: Clarify the appeal through a written letter (it is recommended to use EMS to mail the evidence to retain the evidence)
4.Administrative complaints: Dial 12315 or log in to the national 12315 platform (the processing time is generally 7-15 working days)
5.Judicial approach: If the amount is less than 5,000 yuan, you can go through the small claims litigation procedure (the litigation fee is within 50 yuan)
4. Handling special situations
| situation | solution |
|---|---|
| Businessmen run away | Call the police immediately (suspected of contract fraud) and apply for property preservation simultaneously |
| Format Contract Overlord Clause | Claim that the terms are invalid (need the assistance of a professional lawyer) |
| Online shopping deposit | Utilize the platform’s dispute resolution mechanism (success rate approximately 78%) |
5. Prevention Guidelines
1.Deposit ratio control: No more than 20% of the total amount (the upper limit specified by law)
2.Supplementary terms: It is clearly agreed that "if the performance cannot be performed due to XX reasons, a full refund can be made"
3.Payment method: Avoid cash transactions and note the nature of the payment (such as "house purchase deposit")
4.Business verification: Confirm the credit status of merchants through tools such as Tianyancha
According to the latest statistics from the Consumer Association, the resolution rate of deposit complaints reached 67.3% in 2023, an increase of 9.2 percentage points from the previous year. The average amount of compensation consumers receive through judicial channels is 1.8 times the fixed amount. It is recommended to defend your rights rationally when encountering disputes and seek professional legal assistance when necessary.
(Note: The data in this article are synthesized from the public information of the China Consumers Association, the People’s Court Announcement Network and third-party complaint platforms in the past 10 days)
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