去年12月底考完研之后的第一个周末就连夜火车赶去河南濮阳参加B类考试....交了50元实体证费想着赶在换新版操作证之前拿到证结果到现在实体证一点消息也没有协会根本不理人电话不接微信不回收款账号也不是协会而是某个个体工商户但是实体证收费通知是协会发的说是「先收没考过或者不要实体证会退」无奈之下不得不起诉了要么给实体操作证要么退钱+赔偿违约造成的信赖利益损失（路费什么的；要不是信他能给旧版实体证根本不会急着报名赶去河南本地工信厅办的考试还不要钱） [upl-image-preview uuid=ee005e32-9a3b-4bc2-8f23-21e266354aa4 url=https://storage.hamcq.cn/2025-03-13/1741843481-180157-img-20250313-131355.png alt={起诉记录}] *不止我一个原告很多那次考试的ham一起当共同原告

终于拿到实体操作证了，也不知道是协会良心发现还是法院发力了）没正式开庭，也没正式调解不过或许法院联系了他们吧成为永远的未解之谜了以及当初不应该同意调解的，直接起诉都不用花50）总之全案终（请管理要是看到的话在标题加个“已结案”标签，然后不用锁话题，留待后人评说）

不懂就问：这个不应该是违约责任么，怎么申请的是缔约过失责任呢？

@"BG2KUJ"#p56506 我也觉得应该是违约责任....但是另一位ham写的起诉状也就没干涉....

支持改善办事效率问题！

我在河南濮阳的A，实体证到现在都没有下来

@"BH6SAY"#p56523 是吧！！我都等了三个月了就算按照民法典未约定履行期限的可以随时请求履行但应给相对方合理期限也远远超过了

实体证还要另外加钱，话说当时提出的时候就没人觉得不合理吗？最多收个快递费得了吧

哎呀，要是这还不如搞大点，直接报警诈骗好了，这他有没有授权是一回事，就算有，也没人敢说有，他一个体工商户

当地协会可是真会玩😂

@"yitsunc"#p56526 确实不合理但是不违法有些地方直接不提供实体证..... 虽说交50元是参加考试的前提不过他说不要实体证会退那理论上考试本身就是免费确实符合规定所以这个事情只能通过民法规范....你最多骂他但是没法通过公权禁止实体证收费这种行为存在

[Closed Case] Lawsuit Filed Against Henan Provincial Radio and Television Association

BG6RCW

Think about how long it took us, after obtaining our Wuhan HAM operating license in 2006 and completing the required training, to finally receive our official call sign. Nowadays, amateur radio operators are fortunate enough to have a legal recourse when they face unfair treatment; they can use the law to protect themselves.

BI9CAP

BG6RCW It takes three years to get a call sign; that's too long!

MelvinMei

Support for those who defend their rights.

BG5VXJ

Has it been approved?

BG5JFI

BG5VXJ I still need to order paper materials. I estimate that it will take a few more days.

BH6RYV

Does the original poster have any further updates?

BI4JKY

BG2KUJ It seems like the gentleman is also a legal professional. I checked the Civil Code textbook, and contractual liability primarily arises from breaches of pre-contractual obligations. In this case, if the association fails to deliver the physical operation certificate as agreed in the contract, it could potentially be considered a breach of contract. I recommend that you expedite the change of the lawsuit's cause of action to avoid affecting the proceedings.

BG5JFI

BI4JKY Ugh, the friendly media outlet that initially initiated the lawsuit has already dropped it. I plan to wait until after my postgraduate re-examination (also a law master's program) before dealing with this matter and restart the legal process.

While I also... according to the law school textbook, it's a breach of contract. However, that friend from another university said they were a lawyer, so I thought there might be other possibilities.

Later, I checked the lawyer's professional disclosure platform, but I couldn't find any information about that colleague. While it was good to be helpful, one shouldn't falsely claim to be a lawyer.

BI4JKY

BG5JFI This is a practical issue. Following the principle of "one matter, no further action," if the court rejects the lawsuit based on contractual liability, it will be very difficult to re-file. If you haven't paid the litigation fees, it's best to withdraw the case first, or you can directly apply to change the cause of action. It seems that mediation is likely to result in a settlement.

BD8DLV

BG5JFI In reality, collective action often works like this: a group of 500 people, with 100 experiencing intense emotions, and 10 individuals taking practical action, but ultimately only one person is able to effectively advocate for their rights.😥

BG5JFI

Note: On March 17, I inquired with CRAC regarding the possibility of obtaining a physical certificate from CRAC at an additional cost (since it would be preferable not to go through litigation, even if it meant spending more money). As of now, I have not received a response.

BG5EGC

BI4JKY
Dismissing a lawsuit differs from dismissing a claim, and therefore does not fall under the "no further action" category.
Based on the experience of using a network in Zhejiang, the filing type does not affect the court's determination of the filing type based on actual review (changes to the complaint may directly lead to rejection and require resubmission after correction).
Even in practice, if a claim has problems, the judge will clarify and modify it. However, the court will only reject the claim if the plaintiff insists on not changing it.

BG5VXJ

Is there a solution to this?

BI4JKY

BG5EGC Yes. The gentleman I'm referring to said it was a home delivery, and my writing isn't precise enough.

BD6MM

Observing this association seems pretty lackluster.

BD6OC

I saw an announcement online last year about recruiting members for the provincial association, and I thought that as a member of the provincial association, I should definitely support it.
Of course, I don't need to obtain any certifications or physical licenses.
I got carried away and topped up my account with 100.
#$%$#^%$^@%$
The result... I created a WeChat chat group for just 100 yuan.
What else can I say?

lxk

BD6OC
Haha, but at least you're satisfied.
I paid the membership fee in Beijing, but there was no group or even a chat room. Instead, I voluntarily donated (essentially, made a contribution without any formal structure).

BG4KHT

This isn't a free exam, and there are no fees for issuing the certificate either. How can they still charge fees if it's not mentioned in the regulations? The relevant section is clearly stated in Article 14 of the "Administrative Measures for Amateur Radio Stations" issued by the Ministry of Industry and Information Technology of the People's Republic of China, No. 67.
http://www.crac.org.cn/userfiles/file/20240229/20240229090939_3366.pdf
Everything here in Jinan is free. We support taking legal action against them and will make sure they face consequences. DogHead.jpg

yitsunc

BG4KHT Shandong offers free services, but currently does not issue physical certificates.

BG4KHT

yitsunc 2024年11月份之前是发实体证的（给我发过），之后便是电子版的了（爱山东APP里面）。电子版同纸质版同具效力。

BD6JQK

Like me, I took the A license exam in October 2024 in Luoyang. I joined the exam group and purchased a physical operation certificate for several hundred yuan through the group. It wasn't until February of this year that I received it. During that time, many HAMs were asking about it, and their response was that the certificate hadn't arrived yet. Overall, the efficiency is very low, but I don't think they are scammers.

BG5JFI

BD6JQK 要是回了还好说
现在是河南已经好几个月没办新考试
河南协会公众号也停更
工作人员也失联

已经属于「以自己的行动表明将要违约」了）

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