Install good anti-theft window 5 years later by claim for compensation, how does the court decide?

2022-06-18 0 By

Hunan court network news five years ago to decorate a worker to install good theft prevention window, push-pull window for the owner, after five years the owner sues to the court, when the requirement is dismantled, refund project money and compensation loss more than eighty thousand yuan.Recently, the shuangfeng court concluded the contract dispute case, and see how to undertake the judge, set points stop fighting.The plaintiff’s claim in December 2021, in the case of the plaintiff li mou will the sun armour to bimodal court, the plaintiff in the plaintiff main claims are the following: the request for the defendant to withdraw the plaintiff of the installation window, and return the plaintiff to pay the defendant window material and processing fee of more than seventeen thousand yuan, at the same time to compensate the loss of more than fifty thousand yuan;The defendant withdrew the aluminum alloy sliding doors and Windows installed without the consent of the plaintiff, and returned and compensated the costs and losses of more than 20,000 yuan;The defendant compensated for the economic loss of more than 8,000 yuan caused by the inconsistent quality of the stair handrails and the anti-theft Windows on the first floor.Judge Peng Guiyin noticed the key words of “withdraw”, “return”, “without consent” and “inconsistent quality” in the plaintiff’s Complaint, and was keenly aware that there was something else hidden in the case. After hearing and finding out, the court confirmed the following facts:In October 2015, the defendant Sun mou a and Li Mou a, Zhu Mou a, Tan mou A (signed by Tan mou a) on the installation of three new house anti-theft window, stair handrail signed (labor package) agreement, both sides on the price, material, time limit agreed.In the construction process, three people advance Sun a 15000 yuan, Sun a according to the agreement to complete the anti-theft window, stair handrail and oral agreement and the new push and pull window installation task.In July 2016, the plaintiff moved into the newly-built house, but has not paid the project payment to the defendant.In January 2020, Sun jia and his relatives to li jia home to urge the project, the two sides dispute.Via local police station mediation, Li mou a and Sun mou a reached an agreement, agreed to pay in installments owe Sun mou a project funds 24262 yuan.In February 2021, Li jia owes Sun jia all paid, Sun jia issued a receipt to Li Jia.Showed in the trial court trial li mou armour tan an evidence, such as sun a written agreement, the agreement on the contract construction material for the “Great Wall brand” of 304 stainless steel products for other brands of 304 stainless steel, and hand written agreement on matters not prescribed installation of push-pull window, intended to prove that the plaintiff “consent” in the “quality”, etc.The court held that the plaintiff li mou armour in July 2016 at the sun for its installation window, push-pull window, stair handrail, house, and paid all the payment after police station mediation, shall be deemed to be the plaintiff li mou a recognition of the defendant sun a delivery of the work, the sun a fulfilled and the formation of the contract.The plaintiff requested the defendant to remove the anti-theft Windows and sliding Windows installed in his house, return the project money received and compensate for the loss of the lawsuit, there is no factual basis and legal basis, the court does not support, rejected all the plaintiff’s lawsuit claims according to law.After the judgment, both parties did not appeal, the judgment has legal effect.The copyright belongs to the original author, salute the original