guaranteed principal and guaranteed returns plus free caviar? the elderly fell into the "free one-day trip investment trap"
2024-09-12
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after participating in the free one-day tour, mr. zhang could not resist the organizer's promise and invested 120,000 yuan. the other party claimed that "the principal and profit were guaranteed and high-end caviar was given as a gift", but in the end, mr. zhang lost two-thirds of his principal. he took the investment company to court and demanded a refund. the tongzhou court announced on september 11 that the court supported mr. zhang's request.
mr. zhang was invited to participate in a free one-day tour organized by company a, during which he attended an investment project presentation with other elderly people. the presentation said that this project guaranteed principal and profit, and would give away high-end caviar. mr. zhang was tempted and signed an investment agreement on the spot, paid an investment of 120,000 yuan, and was given several boxes of caviar.
afterwards, company a failed to pay the investment income on time, so mr. zhang asked the agent xiao wang to return the investment and pay the income. xiao wang declined, saying that he would return the remaining investment after mr. zhang returned the caviar and deducted 10,000 yuan for food and accommodation expenses for the trip, and took the opportunity to take back the original investment agreement from mr. zhang. after mr. zhang returned the caviar, he only received a refund of 40,000 yuan. mr. zhang then sued company a in court, demanding that company a return the remaining investment of 80,000 yuan.
company a stated that mr. zhang did not deposit the investment funds into company a's public account and was unable to provide the original investment agreement. the caviar given by the company had also expired, so they did not agree to a refund.
after trial, the tongzhou court held that although mr. zhang's investment funds were not deposited into company a's public account, based on the recorded phone calls between mr. zhang and company a's agent xiao wang, wechat chat records, company a's refund transfer records and other evidence, the court believed that mr. zhang paid an investment of 120,000 yuan to company a after being introduced and received caviar as a gift.
company a recognizes xiao wang as the agent of the company. according to the relevant provisions of the civil code, the civil legal acts performed by the agent in the name of the principal within the scope of the agent's authority shall have legal effect on the principal. therefore, company a should bear the corresponding responsibility. combined with the content of the call recording, mr. zhang handled the remaining refund through xiao wang, and the amount should have been refunded within 10 working days, but company a has only refunded 40,000 yuan so far, which has constituted a breach of contract.
finally, the tongzhou court ruled that company a should return the remaining investment of 80,000 yuan to mr. zhang. after the judgment was made, neither the plaintiff nor the defendant filed an appeal, and the case has now come into effect.
the presiding judge said, "free one-day tour, car pick-up and drop-off service at home", "free eggs, gifts, and help you learn financial management knowledge", these marketing tactics are almost all guise designed by some investment companies. there are many investment and financial management projects on the market. when choosing investment and financial management, the elderly should pay attention to the following issues:
first of all, any investment promise of "guaranteed principal and guaranteed returns" should not be trusted. choose appropriate investment products based on your own risk tolerance and do not blindly pursue high returns. be cautious when participating in sales promotions such as free travel and participation in seminars.
secondly, before signing the contract, you should carefully read the terms of rights and obligations, and pay attention to important terms such as investment content, investment period, investment amount, payment, profit distribution, etc. to avoid missing important content.
finally, keep the investment contract, transfer records, payment receipts and other rights certificates. if you pay the investment funds in cash, you must ask for a valid receipt with the company seal. if you pay the investment funds by transfer, you must pay to the company's public account or the collection account clearly agreed in the contract. do not pay the funds to an unknown account to avoid disputes in the future.
