2023-01-31 09:32:01

The toll for men crossing the expressway was 27.47

Dazhou, Sichuan. When the man passed the toll gate, it was shown that the toll was 27.47 yuan, but the stationer charged the man 28 yuan. He also said that he used the rounding method. The man didn't understand, shouldn't the rounding be 27 yuan?

The toll for men crossing the expressway was 27.47 yuan, and the station attendant asked to round it down to 28 yuan and was rejected

The man drove back to his hometown to visit his parents. When he passed the toll station, it was originally 27.47 yuan, but the station attendant asked him to charge him 28 yuan. The man strongly disagreed, and asked the other party to charge as much as he could, not a penny more.

The stationer said that the man took cash and needed to be rounded off. They only accepted the whole number, but the man did not listen to the explanation and wanted the other party to return the extra money to him.

The station attendant had to use the walkie-talkie to report the situation to the leader. He said that he used the rounding method and overcharged the owner by 50 cents. Now the owner was very excited and asked for a refund. What should he do?

The man was really excited. When he heard rounding, he shouted at the interphone: 27.47 yuan, shouldn't rounding be 27 yuan? How did it become 28 yuan? As for the man's statement, the station attendant and the leader did not refute it. They directly asked the man to drive to the side and asked the station attendant to pay the man 50 cents in advance.

People also put forward different views on this matter. Some people said that men who do well should actually receive, and should not be rounded off. Why should they charge others 50 cents more?

Some people also said that mobile phones can pay 27.47 yuan, but not cash. The minimum unit of high-speed cash charges is yuan. There is no saying of a few cents, and the other party has no cents to find the car owner, so it will round up, but when rounding up, it will generally go up, or the station staff will lose money, and they will lose money.

In this way, everyone will understand that the stationers charge 50 cents more for a lot of money. This behavior is obviously unreasonable. It is illegal to damage the owner's interests for their own benefit.

The toll for men crossing the expressway was 27.47 yuan, and the station attendant asked to round it down to 28 yuan and was rejected

From the legal point of view, how should we view this matter?

1、 Is it reasonable to use the rounding method when the station staff collect fees?

In fact, when we used to pay in cash, we would encounter rounding in many places.

Although, according to the convention, there is no problem with rounding, the rounding used by the station staff is a bit strange. It has been used twice in a row, which is a problem.

The display is 27.47. According to netizens, the toll station is only accurate to yuan, so the rounding should be 27 yuan! However, we can see that the stationers changed the 7 yuan of 27.47 yuan into 27.5 yuan, and then changed the 5 yuan into 28 yuan.

I don't know whether the stationers are not good at math or use this far-fetched rounding method to gain benefits for their own sake. This kind of behavior is improper enrichment.

The so-called unjust enrichment refers to the loss of others and the gain of benefits by oneself without legal basis.

Article 985 of the Civil Code states that if the beneficiary has no legal basis to obtain improper benefits, the person who has suffered losses may request the beneficiary to return the benefits obtained.

In this case, the profiteer is a station attendant, and there must be no legal basis for obtaining more 50 cents. Therefore, the man can ask the station attendant to return the money.

At the beginning, the stationers also said a lot of reasons not to give money to men. This is a malicious failure to perform the obligation of return and will be liable for compensation.

Article 987 of the Civil Code states that if the beneficiary knows or should know that the benefits obtained have no legal basis, the person suffering from the loss may request the beneficiary to return the benefits obtained and compensate for the losses according to law.

The stationman refuses to return the money when he knows it is unjust enrichment. In this case, the man can also ask for compensation for his own losses in addition to returning the overcharged money. For example, if the man delayed his trip and caused other losses due to this matter, he can ask the stationman for compensation.

The toll for men crossing the expressway was 27.47 yuan, and the station attendant asked to round it down to 28 yuan and was rejected

2、 The stationers overcharge the men by 50 cents, which can also be considered as fraud in the service.

The so-called fraud refers to the behavior that the operator uses false or other improper means to deceive and mislead consumers in the provision of goods or services, thus harming the legitimate rights and interests of consumers.

The stationers used two rounds, that is, they used improper means to make the men's interests suffer.

Article 55 of the Law on the Protection of the Rights and Interests of Consumers stipulates that if a business operator has committed fraud in providing goods or services, it shall increase the compensation for the losses it has suffered according to the requirements of the consumer, and the amount of the increased compensation shall be three times the price of the consumer's purchase of goods or the cost of receiving services; If the amount of additional compensation is less than 500 yuan, it is 500 yuan.

If consumers encounter fraud, they may ask for a refund of one yuan and three yuan. The station attendant must return 27.47 yuan to the man and pay three times the compensation of 27.47 yuan, which is 82.41 yuan. In this case, if the amount is less than 500 yuan, the law stipulates that the compensation is directly based on 500 yuan, so the man can ask the station attendant to pay 500 yuan.

The stationers overcharge men by 50 cents. Although it seems that it is not much, there are so many car owners every day, which is still a lot of money, at least enough for the stationers to have lunch.

What do you think of this matter?

The toll for men crossing the expressway was 27.47 yuan, and the station attendant asked to round it down to 28 yuan and was rejected