True story of a citizen lawsuit Diary (kfs owners sued the elevator noisy )-...

 Source: China Youth Daily editor's note today is December 4th, the 7th National Legal Publicity Day, has chosen 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 refrain from doing good. the rule of law advocated by the spirit of fairness and justice, embodied in every consciousness of citizens rights. 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, we need to fight for themselves. Diary 1: 23 March 2006 filing day 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 to sleep rumbling sound when the head, body and mind have been devastated. The want to have their own house to get down to raw a little baby, 35 years old, not delay any longer. But this noise, completely broke and my plan dream. 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 is 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 number has more than 50 people have to do. hall a warm atmosphere. a the judge received the case as he spoke out loud, a kind of cross-case of the peasant woman humbly explain something. another window there is a woman, dressed, and very gentle, non-stop in and judge explained, the judge lower the 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 delivered the materials, children will fall into account. She said that my material is incomplete. I asked her again next time to provide other materials if needed, she replied: I do not know, can only say so next time you come. The court, Niua! 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 in front of more than half an hour. Today, long look at the hall a total of nine windows, but the judge window of only 5, that on average, per person per day to host 60 people. is, every day see so many lawsuits, is really annoying. are not easy ah. This morning, I encountered a male judge. Today, a judge new problems: 1. you say excessive noise, and based on what documents should be attached; 2. you say (your family room) is a region, there is no document, to be attached; 3. your first 2 be required to check out and total loss of compensation, it is necessary to understand the specific amount of writing; 4. you may take this thing back, the poor make up the 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. How come this set of cases so difficult? Diary 5: was in recognition of March 28, 2006 Yesterday, the case is set on it! just saw my neighbor's overweight children Feedback: need so much energy ... ... on the case, and immediately asked me: the masses, saying that larger forces. I fail to think so. to mobilize the masses is not a easy task, and secondly, I play this lawsuit, the purpose of my own suffering from the noise, if there is a neighbor to this benefit It is in me, hug grass playing rabbit, a matter on hand. Diary 7: Tell me I'm the developer of March 30, 2006 to talk about my developers. the first time that the noise problem is staying The first night, threw himself passionately I 10,001 taels of silver to buy back thousands of ultra-luxury living on the bed ready to open the moment the new movement. Since then, life, married life is the most important have been a disaster of 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, the news of our baby, so how happy the day! Have you got experience, a communication with the developer to issue a timetable for the lift: April 2005, launched a joint complaint submitted developers. May 2005, the developers do the elevator shaft noise. June 2005, the developer requested the Environmental Protection Bureau of Chaoyang detection, indoor noise after 22:00 was 35.2 and 35.6 values. 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. July 2005, the owners have to the city and district government, environmental protection department, the newspaper broadcast complaints. October 2005, 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 treatment. time flies, we have been heading for the big February 2006 , there is no news. In mid-February 2006, 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 prosecute. March 2006 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. March 23, 2006, to file the case. timetable is like that. owners and developers to open during a Council meeting mainly introduced by the elevator elevator manufacturers enlightenment knowledge, we never know the elevator is as of the mass of the people. Diary 10: angry ah! April 14, 2006 last week neighbor told me that the company saw a call of noise control, and then tell the developers, the developers asked her to take a report (report, interesting?), let me write a neighbor, showed the development by her providers. Although I have vigorously sued the developer of the court, but I still have a wonderful fantasy The turning point, so that we can not through the courts and harmony to solve this problem satisfactorily. So I took another very enthusiastically started to write, write a You seriously 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 to do? White wrote the report, some developers take the initiative to give meaning to solve the problem at all. we write this report, is to take the elevator noise, telephone companies provide to developers, the noise from their contact with the elevator control to see if they in the end have no qualifications. because if we own contact, the developer will not easily recognized. developers, why do not force us to court? courts really will tend to you? Diary 15: 2006 Check out the developer agree to this June 5 during which opened a back 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 elevator track hanging in our bedroom that side wall, therefore, 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 owners, meaning, he also 35 dB is not known who received the standard of the standards of comfort. I think he is really a good conscience ah. then the judge is asked to replace them or check out. on the exchange, lawyers say, they have no house. (according to I understand that 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 the lamp has been black.) on the Check out 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 should the developer building the house in question, should we, the innocent owners 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 .2004 spend 7,000 yuan per square meter, I buy a house now, but now has come to 1.2 million to 1.4 million! Second, if I can afford to buy elsewhere in the house will produce a problem of rising transport costs. If I go out and buy a house of 7,000 yuan, will be very far away, commuting is a problem. also There, the house drained away, buy new house in front, will surely have a rental expenses. how this expenditure should be considered? the more angry the more considered, how can this be?! on the check, I find this information online: Yun Terrace compensation; two procedures for the owners to find room for in the surrounding houses look similar, changes in the housing construction area by reference to market price Duotuishaobu. I will ask the court as evidence to support these two programs. do not know will not useful. Diary 22: War has just begun June 27, 2006 hearing yesterday, I spent my time finishing the day the request to tell. The first, wards; second, check out the market price. 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, the original infringement of the legislation is the nature of my case, now replaced by two a requirement 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, my life can have a few 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. The judge also reminded me about the litigation cost: Check if required by the market price, then I must own a house estimate price, for example, 120 million, so that my legal costs is high. The next step is to find a special price court agencies to assess the market price of housing, generally assessed to be lower than the market price of the actual price, and the assessment very expensive! more importantly, once the court does not support this request, and that these fees are paid white! therefore urgent consultations at the plaintiff gallery: nearly 10 million in legal fees risk of spending, it is too terrible, exceeded our psychological and economic capacity. honest, gentle reminder of our judges have considerable deterrent effect, in one fell swoop before our court colorful blow soap bubbles all broken. As a result, the face of the high cost of rights, I retreat! and then only to the standard required to solve the noise and compensate for the loss of the spirit. The judge asked the developer's lawyer: If you pass the elevator maintenance to noise, and you take? Results lawyers very sincere, frank: we ready to test two months later in another building, a new elevator installation methods, but how well we do not know. adjournment of the. the process of fighting this case, like a monster in the mist and ready to fight with in the end. the outline did not see the appearance of monsters before, I'll be full of confidence, high morale; little too anxious and indecisive; while the joy of victory and limitless vision come quickly. The whole man is like a ball, was a pair of nameless thrown around like big hands, while a sea of fire, a moment is through the ice. finally see the appearance of monsters, and his ugly, powerful. I can only calm. Diary 29: Victory suddenly came to August 30, 2006 I have at home and toss for half an hour, according to the elevator several times, really does not sound it! really can not believe it! our suffering to that end? do not know how to express my gratitude to you ah, thanks so have you been insisting only solution so one day. not? all day yesterday, I wrote several versions of the victory of the report, want to immediately tell you the good news. But repeatedly replicated several times, always lied. Yes ah, the victory was so unexpected and to, and seemed so easy and careless, and appeared we were going through twists and turns and arduous struggle no contact. stood before the victory, I looked dazed and flawless. I think what is needed now is for my management measures taken by the developer to give media coverage to tell other developers: in fact solve the noise problem is not as they imagine it, , rather than waiting for the owners repeatedly to complaints, petitions and appealed. diary 32: I do not withdrawal in September 2006 to 26 in Japan do not want to say, but I really could not help a bit. The judge asked me: because the noise is under control, I The fact that infringement does not exist, am I supposed to withdrawal? Court in this case, is not too tolerant of the developers? noise is not now and has been eliminated, at least when it comes to a formal trial has not been eliminated, Why would I want withdrawal? If the developer is not because of the noise control by the lift pressure from the courts, but their conscience, then why are they not found early, late is not found, but had to wait until I sued, they discovered? Diary 40: year-end summary of December 7, 2006, 2006 is undoubtedly the most in my life take center year, because in this year, did the people of my 30 years Anshan Liang, actually playing the noise disturbed lawsuit subdivision. March 27, 2006, when I walked into the hall before the filing, do not expect that the foot in, is a bottomless cave, and my 2006, not a brilliant year round sunshine. From that day I will fight for real estate litigation and every day think about was how to win the case. during the day to night write me in the court encounter in the course of things, a piece written, so that my heart had depressed a vent port. lawsuit have not yet been finished, the suffering continues, but I'm pleased to see that developers are now beginning to my neighbors to solve the noise problem, which means that the remaining four buildings in the hundreds of families this will Lift out the noise the devil, there is another with a real estate developer, who is also the elevator noise governance! this year's case of the road, 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, cynical and morbid? I is not no sunshine as before, cheerful, happy and healthy? no answer. But the other hand, my 2005, the same face lift noise, I and my neighbors around the complaint, Construction, Environmental Protection Agency, the mayor's hotline, newspapers and television stations, we can think of where to go, but we get, is not ambiguous answer 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, Life is full of meaning. I wanted was 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, as tragic as the original is no longer cries out. life is full of hope! Diary 42: drag, the best weapon under the sun January 18, 2007 Monday, when the call to the judge, I reported to her find online detection unit. judge did not say what additional comments, 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 ! The next day, both parties are indeed to be on time. The judge said to me, because I recommend the body, so testing costs if not exceeded my out to developers that if exceeded! I was on the Mongolia, why not with you as early as I said that? I said, this cost should not be me out. developer bears the burden of proof control effect! judge said that if the developer can prove effective, but it was by the developer testing organizations of their choice. Developers are looking for fee cheap EPA to detect. EPA clear answer can be said 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 that right to in opinion, right? how developers can make detection of unilateral thinking of how to how to detect it? Finally, the judge told me that she talk to developers communicate with counsel, to persuade them to use the At the same time told me almost no possibility. I 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?! Diary 62: further hearing to May 2007 11 lawsuits fighting over a year, until now, my little brother was admitted to the Civil Service Law, to the great organs of state to go to work. My brother barristers, one by one by hand, a large case. Yesterday, sitting for 30 minutes, the main related damages, opposing counsel that under the , it must compensate. Diary 63:, ah, etc. July 17, 2007 has not said anything recently, especially on the litigation process, I have now is silent a .5 14, the last time trial, we that ruling will be slower out in the first half of 2007. However, the court, always give people infinite surprise. last night and the judges on the phone, the judge said: relatively few cases tried, no experience, so contracting slowly. estimate quickly the result was. back, the lawsuit last sentence of it. Since June 24, 2005 exceeded that detected March 13, 2007 of qualified, the plaintiff suffered a long time against the elevator noise indeed caused great pain, and the intensity of the pain even beyond the physical damage. the number of days the spirit 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 half a year I lost damages Oh.) 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 my short life 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 become more humble than the humble, more cowardly than cowardice, More than sink to sink. Many times, I also reflect on, I do not deserve to win the right to their own struggle, will be interpreted as too restless, too rogue and so on. I think a lot of people, including those who are suffering unfairly treated, because of this unreasonable as has been the norm, but for me this you lose the courage to fight for more. , trouble, suffer. I think so. court, like a man walking alone in the empty valley can not see around the narrow end of the narrow lane between two mountains, both sides of the cliff cliff 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.