|
|
|
No. 3 of Five Model Cases of Properly Resolving Post-disaster Conflicts and Disputes by People's Courts Published by the Supreme People's Court: Liu [REDACTED] v. [REDACTED] Property Company (Dispute over Property Damage)
|
|
最高人民法院发布五起人民法院妥善化解灾后矛盾纠纷典型案例之三：刘某与某物业公司财产损害纠纷案
|
|
【法宝引证码】
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| No. 3 of Five Model Cases of Properly Resolving Post-disaster Conflicts and Disputes by People's Courts Published by the Supreme People's Court: Liu [REDACTED] v. [REDACTED] Property Company (Dispute over Property Damage) | | 最高人民法院发布五起人民法院妥善化解灾后矛盾纠纷典型案例之三：刘某与某物业公司财产损害纠纷案 |
| Basic Facts of the Case | | 基本案情 |
| On August 17, 2023, the litigation service hotline 12368 of the Changyang Tribunal of the Primary People's Court of Fangshan District, Beijing Municipality received a call for help, saying that the heavy rainfall caused water leakage to Liu [REDACTED]'s housing and [REDACTED] Property Company failed to repair the housing and pay compensation in a timely manner. Liu [REDACTED] was agitated, made complaints repeatedly, and requested that the Changyang Tribunal should participate in the resolution of conflicts. The Changyang Tribunal immediately sent the on-duty judge mediation team of the "Starry Night Mediation Room" under it to handle the conflicts. It was learned that Liu [REDACTED]'s flat is on the top floor. The heavy rainfall caused water leakage to the bathroom ceiling and affected the bathroom ceiling and circuit. Liu [REDACTED] reported to [REDACTED] Property Company for repair and requested compensation, but [REDACTED] Property Company stated that the rainwater on the roof could not be discharged in a timely manner due to the heavy rainfall and long duration and it refused to bear responsibility. So, it did not make compensation and both parties had fierce disputes. Jointly with personnel of the community, the mediation team soothed the emotions of the parties, explained the legal provisions to both parties, and made legal reasoning and analysis. Both parties agreed to invite an experienced owner in the community with decoration experience to dismantle the aluminum gusset plates in the bathroom, identify the causes of leakage, and calculate the amount of loss. After more than two hours of mediation efforts, both parties finally reached an agreement that [REDACTED] Property Company agreed to repair the leaks and pay damages of 2,000 yuan to Liu [REDACTED] on the spot. The parties shook hands and made peace. | | 2023年8月17日，北京市房山区人民法院长阳法庭12368诉讼服务热线接到求助电话，称本次强降雨导致刘某房屋漏水，某物业公司未及时修理、赔偿，刘某情绪激动，多次投诉，请求长阳法庭参与矛盾化解工作。长阳法庭立即派出该庭“星夜调解室”值班法官调解分队前往处置。经了解，刘某家位于顶层，本次强降雨导致其卫生间顶棚漏水、卫生间吊顶及电路过水。刘某向某物业公司报修并要求赔偿，某物业公司称由于本次降雨强度大、时间长，楼顶雨水无法及时排出，某物业公司不承担责任，故拒绝赔偿，双方矛盾激烈。调解分队会同该社区工作人员安抚好当事人情绪，并向双方释明法律规定，辨法析理，双方同意邀请该社区有装修经验的业主拆解卫生间铝扣板，查找漏水原因并估算损失金额。经过两个多小时的调解工作，双方最终达成一致意见，某物业公司同意为刘某修复漏水部位并当场向刘某支付2000元赔偿金，双方握手言和。 |
| ．．．．．． | | ．．．．．． |
Dear visitor,you are attempting to view a subscription-based section of lawinfochina.com. If you are already a subscriber, please login to enjoy access to our databases . If you are not a subscriber, please subscribe . Should you have any questions, please contact us at:
+86 (10) 8268-9699 or +86 (10) 8266-8266 (ext. 153)
Mobile: +86 133-1157-0713
Fax: +86 (10) 8266-8268
database@chinalawinfo.com
| |
您好：您现在要进入的是北大法律英文网会员专区，如您是我们英文用户可直接 登录，进入会员专区查询您所需要的信息；如您还不是我们 的英文用户，请注册并交纳相应费用成为我们的英文会员 。如有问题请来电咨询；
Tel: +86 (10) 82689699, +86 (10) 82668266 ext. 153
Mobile: +86 13311570713
Fax: +86 (10) 82668268
E-mail: database@chinalawinfo.com
|
| | | | | | | | |
|
|
|
|
|
|
|
Message: Please kindly comment on the present translation.
|
|
|
|
|
|
|
|
|
Translations are by lawinfochina.com, and we retain exclusive copyright over content
found on our website except for content we publish as authorized by respective copyright
owners or content that is publicly available from government sources.
Due to differences in language, legal systems, and culture, English translations
of Chinese law are for reference purposes only. Please use the official Chinese-language
versions as the final authority. lawinfochina.com and its staff will not be directly
or indirectly liable for use of materials found on this website.
We welcome your comments and suggestions, which assist us in continuing to improve
the quality of our materials.
|
|
| |
|
|