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

BG5JFI

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）

{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

BI9BPK

BG5JFI 这个都能立案，给个赞。我们因为当地相关部门办理操作证超时打过几次12345，投诉有新规不遵守。反正最后也按时回复解释了，希望以后能长记性遵规守法。

BG2KUJ

If I don't understand, I ask: Shouldn't this be a breach of contract liability? Why is it being claimed as a liability for contractual fault?

BG5JFI

BG2KUJ I also believe it should be a breach of contract... However, the other ham's complaint didn't raise any objections.

BI4JKY

BG2KUJ 看来老哥也是法律从业者。我查了下民法课本，缔约过失责任主要是行为人违反先合同义务，这里协会没有按照合同约定按时交付实体操作证确实可能属于违约责任，建议尽快变更起诉案由，避免影响案件审理。

BG5JFI

BI3BCD

Supports improving operational efficiency!

BH6SAY

I haven't received my physical ID card from the A office in Puyang, Henan province, yet.

BG5JFI

BH6SAY Right?! I've been waiting for three months!
Even if we consider the provisions of the Civil Code regarding the right to request performance at any time, with a reasonable period given to the other party, this is far more than what is allowed.

BD8DLV

Support for those who defend their rights😋

yitsunc

The physical certificate also requires an additional fee. But didn't people find it reasonable when it was initially proposed?
I don't want to pay extra for delivery.

BG5JFI

yitsunc It's certainly unreasonable, but it doesn't violate any laws. Some places simply don't provide physical certificates...
While paying 50 yuan is a prerequisite for taking the exam, he said that if I don't receive a physical certificate, the exam itself would be free. This does indeed comply with the regulations.

Therefore, this situation can only be addressed through civil law regulations... The most you can do is scold him, but you cannot use public power to prohibit the charging of fees for physical certificates.

BG6TON

Oh no, if this isn't better than just making a false report for fraud, then what? It's one thing whether he has authorization or not, but even if he does, no one would dare to say that he does. He's just a private individual.

BG5JFI

BG6TON It feels a bit complicated. The criminal law doesn't meet the standards for initiating an investigation, and it only results in minor offenses. Moreover, it may not be possible to prove that the other party had fraudulent intent. Police might also consider it just a civil dispute.

BG5EGC

The local association really knows how to get things done.😂

BG6TON

BG5JFI The price doesn't matter; Henan Industry and Information Technology can afford it, and frankly, they could even get away with 12345. It's just for the sake of being outrageous.

BG5JFI

The WeChat official account of the Henan Province Radio and Television Association has not posted any new content since January.
Previously, I received several notifications per month.
I have no idea what's going on with them...

BG5JFI

Terrible! The membership system seems to be falling apart, and it feels like a prelude to running away.

BA4RTR

Yuzu Miao, keep going!
However, I'm not sure where you're seeing this as a struggle...

BG5JFI

BA4RTR Here's what our law students said (x

anger_young

BG5JFI Social practice…

BA4RCM

BG5JFI 这下用上专业知识了😃

BD8DLV

Does it seem like they've just disappeared?

BG5JFI

BD8DLV It does seem a bit similar, but there's no risk information listed on Tianyan Check either.

I was just wondering if it's possible to obtain a physical license from a different location, or if CRAC could send me a copy...

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