See this diary on the Internet, find it very interesting to share ~ ~ ~
Editor's Note December 4th, the 7th National Legal Publicity Day, theme. the rule of law appears to be a great proposition, and we chose an ordinary owner of a small thing for their own rights, as part of an excerpt of her diary. very trivial, but the feeling is very real. Do not hesitate to good rather than . the rule of law advocated by the spirit of fairness and justice, embodied in the rights of every citizen consciousness. in the pursuit of fair and equitable way, although there are twists and turns, there are repeated, but life is still in a better place every day. This beautiful, need to our own to fight. <>
yesterday and this morning, I went to the court filing. I am going to sue developers. elevator excessive noise. I have reflected many times, they are so far not taken any effective measures that can drag on drag. but I can not be delayed a day rumbling overhead, the sound sleep, been physically and emotionally devastated. The want to have their own house to get down to raw a little baby, 35 years old, not delay. But this noise, completely broke my plans and dreams.
lawyer told me that favor certain. also, we the case The case is quite clear: Environmental Protection Bureau, Construction Committee gave we reply, the noise was indeed excessive.
I waltz into the filing room. row number is 301. God! so many people want to complain, this court is Burongyia. is now 16:20, 5 filing hall call it a day, must register, how the also have to do to a person of 50.
hall a warm atmosphere. a close case, the judge said out loud what kind of a cross-case of the peasant woman humbly explain something. another window also has a woman, dressed, and very gentle, non-stop in and judge explained, the judges of low volume weak, but mercilessly rejected her explanation.
about 4:35, my turn, a female judge reception. Prior to this, she has successfully turned the woman in front of me. I fall into the material to progressive child. She said that my material is incomplete. I asked her again next time if needed to provide other materials, she replied: I now do not know, can only say so next time you come.
next morning, I took less than 8:00 into the material re-filing the hall. early, others 8:30 to open the door. I sat at the door more than half an hour today. carefully looked at, the hall a total of nine windows, but windows only 5 judges, and that on average, per person per day to host 60 people. is, every day see so many lawsuits, did is annoying. are not easy ah.
This morning, I encountered a male judge. Today a judge raised new questions: 1. you say excessive noise, and based on what documents should be attached; 2. you say (your home room) is a region, there is no document, to be attached; 3. Article 2 requires you to check out and compensation for all losses, it is necessary to understand the specific amount of writing; 4. you may take this thing back to poor fill material, and then come back on Monday. noise affect you also affect others, and received your complaint, others have come, this may be about to lead.
just saw my neighbor overweight children online Message: So much energy ... ... me: This influence is more. I fail to think so. A to mobilize the masses is not easy, and secondly, I play this lawsuit, the purpose of my own suffering from the noise, if neighbors can benefit from this, that in my hug the grass is playing in terms of the rabbit, a matter on hand.
tell my developers. the first time that the noise problem is to stay the first night, I passionately threw himself two thousand 10001 money to buy back the ultra-luxury living on the bed ready to turn over a new movement of the moment. Since then, life, married life is the most important have been catastrophic damage. my husband is now the classic lines: Why I do not buy the three bedroom, if I bought a three bedroom, we would not be the noise of the persecution, the persecution is not affected by noise, we certainly have the baby news, our baby news, the day that there will more successful life! Have you got experience, a br> 2005 年 4 months, launched a joint complaint submitted developers.
2005 年 5 months, the developers do the elevator shaft noise.
2005 年 6 months, the developer requested the Environmental Protection Bureau of Chaoyang detection, indoor 22:00 After the noise value is 35.2 and 35.6. Since then, the basic attitude of the developers is that the noise is not excessive, the owner and developer of communication between the basic interrupt.
2005 年 7 months, the owners have to the city and district government, environmental protection department, the newspaper broadcast complaints.
2005 年 10 months, the online complaint letter to confirm excessive noise, again with the developer to contact to resolve. Mayor-mail will be forwarded the case of Quality Supervision Bureau of Chaoyang District deal.
time flies, we have been heading for the February 2006, no message.
2006 年 2 mid-January, I find a lawyer to write a letter, personally handed the hands of responsible developers. 2 letter asking them to give us an answer before the end, Otherwise we will sue.
2006 年 3 14, my birthday, get charged material, the developer building the last time I went, I hope to communicate again before placing the time, did not find the relevant person in charge.
schedule is like that. during the owners and developers held a meeting, meeting mainly introduced by the elevator elevator manufacturers enlightenment knowledge, we never know the elevator is as of the mass of people.
neighbor told me last week to see a noise management company's phone, and then tell the developers, the developers asked her to take a report (report, interesting?), let me write a neighbor, she showed by the developer.
Although I have been vigorously sued the developers of the Court, but I still have a wonderful fantasy The turning point, so that we can not through the courts, harmony satisfactorily solve the problem. So I picked up the pen once again very active , wrote a serious than others you do not get together, you can represent your other neighbors? If they are affected, how do they not come? you say this company, if he does not govern noise, kept the elevator broke how do?
White wrote the report, the developer take the initiative to give the solution to the problem that did not mean.
we write this report, is to take the elevator noise, the company's telephone available to developers, who will control the lift with contact noise to see if they have any qualifications in the end. because if we own to contact the developer will not easily recognized.
developers, why do not force us to court? courts really will tend to you?
this period, a return to open court mediation. developers sent a lawyer to appear, and the atmosphere is very friendly, excessive noise for the fact that the elevator is readily admitted. He said that the track of the elevator that hung in our bedroom wall , so, to reduce noise through renovation is not enough. He said, take some measures to noise, can be reduced to 35 dB or less, but that does not make sense for us in terms of the owners, implying that he knows 35 dB standards are not people accept the standards of comfort. I think he is really a good person with a conscience ah.
then asked the judge not to replace them or check out.
on the exchange, lawyers say, they have not house. (As I understand it, they had posted notices to sell a model, but then did not sell to recover. I had a day from the time downstairs, all look and see You Moren stationed, but has black the lamp.)
on the check, the developer agreed to a very good time. but they say only Tuifang Kuan, interest, decoration, and other compensation for the difference is no legal support, does not agree to.
Why Development commercial building of the house there is a problem we, the innocent owner to pay the price?! allow me to count it afterwards.
First of all, I can no longer result in soaring house prices to buy a house in this area I spent 7,000 yuan .2004 one square meter to buy a house now, but now has come to 1.2 yuan to 1.4 yuan!
Second, if I can afford to buy elsewhere in the house will produce a problem of rising transport costs. If I go and buy now 7,000 houses, will be very far away, commuting is a problem.
there, the house drained away, buy new house in front, will surely have a rental expenses. how this expenditure should be considered?
on the back room, I find this information online: procedures, refer to the lot sale price of the current housing market, check out compensation; two procedures for the owners to find room for in the surrounding houses look similar, changes in the housing construction area Duotuishaobu reference to market price.
I will The request for the court as evidence to support these two programs. do not know will not be useful.
hearing yesterday, I spent my time finishing the day the request to tell. The first, wards; Second, the market Price check.
do not need the defendant's counsel objected, the judge told me that if I asked these two, it would have to dismiss the case, re-filing, because the cause of action is not the same, I set the original infringing nature of the case, now replaced by the two requirements to become a contract dispute.
re-filing? now the case from filing to trial with a 3 months. If the re-filing it is 3 months I have a few of life 6 months ah? time cost is high, and at this time, we in the mental torment of being a more computation can not be quantified.
judge also reminded me about the cost of litigation: if the request Check market price, then I must own a housing price estimates, for example, 120 million, so that my legal costs is high. The next step is to find a special court on the housing sector of the market price price assessment, the general Pinggu out of the market price is lower than the actual price, and the appraisal fee is very expensive! more importantly, once the court does not support this request, that the fees paid to white!
so we tabled the plaintiff Emergency consultations: nearly 10 million in legal fees risk of spending, it is terrible, more than our mental and economic sustainability. honest, gentle reminder of our judges have considerable deterrent effect, in one fell swoop before our court colorful soap bubble blowing all broken.
So, faced with the high cost of rights, I retreat!
and then only to the standard required to solve the noise and compensate for the loss of spirit.
judge asked Developer's lawyer: If you pass the elevator maintenance to noise, and you take? Results lawyers very sincere, frank: we are ready to test two months later in another building, a new elevator installation methods, but how effective We do not know.
the process of fighting this case, as in the fog of a monster and is ready to fight in the end with. In outline did not see the appearance of monsters before, I'll be full of confidence, high morale; while concerns heavy and indecisive; while the joy of victory and limitless vision come quickly. The whole man is like a ball, a pair of nameless was thrown around like big hands, while a sea of fire, while that through the ice.
finally see the monster appearance, and his ugly, powerful. I can only calm.
Thus ended the suffering of it? do not know how to express my gratitude to you, ah, thanks to you so such a solution has always insisted on only one day. distribution of the message in my blog, and she suddenly comes to this victory was unbelievable, and I was it not so? all day yesterday, I wrote several versions of the victory of the report,UGG boots cheap, want to immediately tell you the good news . but replicated several times back and forth, always lied.
Yes ah, the victory was so unexpected, and seemed so easy and careless, and appeared we were going through twists and turns and arduous struggle no any contact. stood before the victory, I looked dazed and flawless.
I think what is needed now is for me to give developers control measures taken by media coverage, to tell other developers: in fact solve the noise problem and not as they imagine it, I am really not help it. The judge asked me: because the noise is under control, the fact that I had been infringed does not exist, am I supposed to withdrawal?
Court in this case, is not too much in the development of tolerance Business up? noise is not now and has been eliminated, at least when in a formal trial has not been eliminated, why should I withdrawal?
elevator noise control if the developer is not because Shoudao pressure from the courts, but their conscience found, then why are they not found early, late is not found, but had to wait until I sued, they discovered?
2006 was undoubtedly the most in my life take center a year, because in this year, done I am 30 years of Anshan Liang people, actually playing the noise disturbed subdivision lawsuit.
2006 年 3 27, I walked into the hall before the filing, do not expect that the foot in, is a unfathomable cave, and my 2006, not the brilliant sunshine all year round.
from that day on I started to fight for real estate litigation and every day think about was how to win the case. during the day to night writing, to I have encountered in the course of litigation matters, a piece written, so that their inner frustrations have an outlet.
lawsuit have not yet been finished, the suffering continues, but I'm pleased to see that the development My business has now begun to resolve the noise problem neighbors, which means that the remaining four buildings will be hundreds of families this demon out of the elevator noise, there is another with a real estate developer, who is also the elevator noise is Governance!
the road this year's case, the fighting, but it also lost the. I always ask, is not I can not fight this case? is not the case let me become acute, paranoid, angry youth and disease? I is not no sunshine as before, cheerful, happy and healthy? no answer. But the other hand, my 2005, the same face of the elevator noise, I and my neighbors around the complaint, Construction, Environmental Protection Agency, Mayor's Hotline, newspapers and television stations, we can think of where to go, but we get, is not ambiguous answer, that there is no echo, no one can help us, the torture of noise in the elevator for a year in wasted good time. So I think, in 2006, although the pain remains, but the suffering is worth it!
I do not want to fight me mature and make life meaningful. I want is just a family together, no noise, full of sunshine! I hope this makes people less social equity Battle!
my 2007 certainly better than in 2006, at least in our elevators, tragic as they are, no longer cries out. life is full of hope!
time to call the judge on Monday, she reported me to find online testing unit. The judge also did not say what additional observations, let us associate on day 2 to 9.
night did not sleep well, do not step on the mind is always real, never sensed the developers happy to sign it. Sure!
next day, both parties are indeed to be on time. The judge said to me, because I recommend the body Therefore, cost of testing for me out if not exceeded, if exceeded for developers out! I was on the Mongolia, why do not you tell me earlier?
I said, this cost should not be me out. developers to bear the treatment effect burden of proof!
judge said, if the developer can prove effective, but was testing organizations of their choice by the developers.
EPA developers looking for inexpensive to detect. can be a clear answer that the EPA For such a low-frequency noise, elevator noise, it is outrageous, if not children, they simply can not be detected! whatever the outcome, the developer is to control the noise my family, I should have the right to participate in that opinion, right? how allow developers to unilaterally trying to do test on how to detect it?
Finally, the judge told me that her lawyer talk to developers to communicate, to persuade them to use the think this may well be a reason for delay in hearing the case, the delay can not afford to, ah, again and again, the case also may not go to trial until next year?!
lawsuit to fight more than a year, until now, my little brother, lawyer admitted to the civil service, to the great organs of state to go to work. My brother barristers, one by one by hand, a large case.
sit for 30 minutes yesterday, mainly related to compensation issues, opposing counsel that under the requirements, this is not a serious injury I have, it is determined not to agree to indemnify; we refute: Noise damage is currently ongoing underlying non-technical means to quantify the measurement, it must compensate.
recently has said nothing in particular is about the litigation process, I have now is silent a .5 14, the last time trial, we feel that verdict will be slow out in the first half of 2007. However, the court, always give people infinite surprise.
phone last night and the judges, the judge said: a. liable for damage caused by elevator noise to others arising from liability. houses since 24 June 2005 exceeded that detected March 13, 2007 of qualified, the plaintiff suffered a long time against the elevator noise, causing great pain indeed , and the intensity of the pain even beyond the matter of damages. the number of days of damages shall June 24, 2005 calculated to 13 March 2007, the plaintiff asked to stay until testing from a lack of qualified basis only . (let a lack of basis for six months I lost Oh damages.) verdict: developers 6,300 yuan in emotional damages; litigation costs 1,570 yuan, from the plaintiff the burden of 253 million, by the defendant the burden; appraisal fee of 1,500 yuan, the burden of the plaintiff.
very glad that they chose the right way. If I like many others waiting for people to take action, no doubt, I'm still struggling Oliver elevator noise. and I live a little movement , the noise will be the elevator only to draw the claws of a large section of the long mark, marking the success, no good, not worth having, and so bitterly painful. If you wait, I do not know how long this tag; for this tag My living conditions have become more humble than the humble, more cowardly than cowardice, sinking more than the sink.
many times, I also reflect on, I do not deserve to win the right to their own struggle, will be understood too restless, too rogue and so on. I think a lot of people, including those who are suffering unfairly treated, because as has been the norm to such an unreasonable, but for me this elements to be excluded.
However, keep in mind the loss of a right and do not know how to maintain, will make you lose the courage to fight for more. passive subject, without any resistance will only intensify these unfair.
Many people think that court to spend money, effort, trouble, suffer. I think so. court, like a man walking alone in the the empty valley can not see around the narrow end of the narrow lane between two mountains, flanked by cliffs cliffs, only you move forward in fear, loss, hope will always be in front, but you do not know how far it always.
Do not be money, effort, trouble, suffers with frightened feet, do not give up because of concerns the right of judicial injustice. To know that only through the fear and loneliness of the Valley, you can enjoy the sun reaches the sea.
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