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fish leong concert "pillar ticket" case, the second instance upheld the original verdict

2024-09-24

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in 2023, nine consumers including ni mou purchased tickets for liang jingru's shanghai concert at prices of 699 yuan, 999 yuan, and 1299 yuan, but encountered "pillar tickets", which affected their viewing experience. they then sued shanghai magic cube pan-culture performing arts co., ltd. to the court, requesting "refund one and compensate three".

on september 24, 2024, a reporter from shell finance learned from the attorney representing the appellant in the fish leong concert “pillar tickets” case that the shanghai no. 1 intermediate people’s court had made a second-instance judgment on the case, upholding the judgment of the first-instance court, namely, that the defendant’s act of selling “pillar tickets” had not yet constituted fraud, and the plaintiff’s claim for “refund one and compensate three” was unsuccessful.

the perspective of "pillar ticket". source: red star news

according to previous reports, on may 20 and may 21, 2023, fish leong's 2023 world tour concert was held in shanghai. many concertgoers reported that they spent thousands of yuan to buy tickets for fish leong's shanghai concert, but after arriving, they found that their view was blocked by the pillars around the stage, and "watching the singer became watching the pillars."

in november 2023, nine consumers sued the organizer of liang jingru's concert for buying "pillar tickets", requesting the defendant to refund all ticket purchase fees and pay punitive damages. it is understood that among the nine audiences, six were audience members on may 20 and three were audience members on may 21. the face prices of the tickets included 699 yuan, 999 yuan, 1299 yuan, etc.

a civil complaint filed by a plaintiff to the court shows that the plaintiff's request is: requesting the court to order the defendant to return the plaintiff's concert ticket money of 1,299 yuan, ordering the defendant to pay the plaintiff punitive damages totaling 3,897 yuan (i.e. "return one and pay three"); and ordering the defendant to bear the litigation costs of this case.

on june 20 this year, the minhang district people's court of shanghai made a public first-instance judgment on this case. the judgment showed that the court held that the defendant's selling of "pillar tickets" did not constitute fraud. the court ordered the defendant to refund the plaintiff's ticket price according to a tiered refund ratio of 420 yuan, 650 yuan, and 910 yuan per ticket.

after the verdict was announced, two of the nine plaintiffs accepted the judgment and dropped their lawsuit, while the remaining seven plaintiffs appealed.

the first instance judgment of the "pillar ticket" case. source: shanghai minhang court

according to beike finance, at 9:30 am on august 2, the second trial of the "pillar ticket" case of fish leong's concert opened at the shanghai no. 1 intermediate people's court, focusing on whether it constituted fraud and "refund one and compensate three".

at the second trial, the reporter noticed that the appellant's attorney filed an appeal, requesting the second trial court to revoke the first trial judgment and order the respondent to refund the ticket price in full and pay a warning fine, that is, "refund one and pay three". the attorney for the respondent company shanghai mofang pan-cultural performing arts co., ltd. did not recognize the appellant's request for the second trial.

it is reported that the shanghai no. 1 intermediate people's court has made a second-instance judgment on the case, upholding the judgment of the first-instance court.