An example of a lawsuit for Consumer Rights Protection. Procedural features of consideration of cases
The law on the protection of consumer rights is governed by all relations related to the acquisition of goods and services outside the business framework by a citizen from a legal entity or an individual entrepreneur. From the provisions of this law, it most often use the norm on the payment of a 50% fine with judicial satisfaction of the requirements of the consumer (P. 6 of Art. 13 of the Act on the CPU). This means that if you failed to achieve fundamental proceedings from the Contractor and the trial passed in your favor, the unscrupulous performer will have to pay a large amount than it could be in the case of voluntary compensation. Sample Consumer Protection Claim will help competently formulate your requirements for the court. We also tell me what actions should precede to the court and what is necessary to attach to the claim to protect the rights of consumer.
In which situations can the provisions for the protection of consumer rights in court?
In general, buying any goods and services for personal use can be regulated by the norms of this law. But we are talking about those situations when you have to go to court.
Though such claims are freed from the payment of state duty, the costs of representing the interests in court by a professional lawyer are possible. In addition, the time that will have to spend on the trial, it also costs money, and therefore it is not always appropriate to go to court in practice.
More than other consumers are being sent to the following disputes:
On the provision of services for improper quality with construction contractors
On late transmission to the shareholder of the object of equity construction
Disputes on insurance companies
Disputes with tour operators
Disputes on the return of goods inadequate quality
Return of goods and losses by law on the protection of consumer rights
If the purchased goods have drawbacks / defects, the consumer has the right to demand compensation for harm from the seller or manufacturer of goods. The consumer has the right to demand the replacement of goods, or its repair (elimination of a defect), or refund paid for the goods of the money (Article 18 of the Law). Claims to the seller or manufacturer of goods should be presented during the shelf life or service of the goods. For violation of the specified return time or refusal to perform these requirements, they charge a penalty in the amount of 1 percent of the cost of goods for each day of delay. The term of satisfaction of the requirement in accordance with Article 22 of the Act Law is ten days.
How to start a trial about protecting consumer rights?
Before turning to court for restoring their rights, refer to the Contractor (Seller, Supplier) with a pre-trial claim. It may contain the provisions of the claim and rustually differ from the lawsuit. Can help solve the problem to trial. If the recipient sees that you are legally literate or resorted to the services of a specialist, which is visible on a competently formed legal position, supported by legislative excerpts, it will understand the hopelessness of the trial.
A claim is submitted directly to the respondent, on the copy of the document you need to get a mark about its adoption. If employees of the Organization refuse to make an incoming correspondence, nothing terrible. We send it to a registered letter with the description of investment through Russian Post on the legal and actual addresses of the organization. In the absence of a response to a pre-trial claim during the period specified in it to obtain an answer, apply to court.
Sample Consumer Protection Claim
Below you can see the form of the appropriate claim on the example of a claim for the refund of paid funds for the goods purchased in the online store. At the beginning of the descriptive part, it specifies in detail the circumstances and conditions for entering into a contract or purchase of goods. In more detail on the principles of independent compilation of lawsuits, we wrote here.
IN ___________________________________
Cities of Moscow
(name, court address)
Plaintiff: FULL
Address
Respondent: ___ "________________________________"
(Name, address of the organization)
Claim price: __________ rub.
STATEMENT OF CLAIM
G. Between ____________________________________ (hereinafter - the seller) and ___________________________________ (plaintiff) concluded a contract for the purchase and sale of the safe by an individual No. ___________________ G. (hereinafter - the contract).
Under the terms of the contract, the seller was supposed to transfer the goods with the following characteristics: ______________________________________________________________________.
The sale was carried out by the remote sale method, that is, the sale of goods under the retail sales contract concluded on the basis of Art. 497 of the Civil Code of the Russian Federation, familiarize the buyer with the description of the goods proposed by the Seller, contained in catalogs, prospectuses, booklets or presented on photographs or by means of communication, or in other ways, excluding the possibility of directly familiarizing the buyer with a product or a model of goods at the conclusion of such a contract.
According to clause 20 of the rules for the sale of goods by remote method (hereinafter referred to as the PTDS), the contract is considered to be concluded from the moment the seller's message is received about the buyer's intention to purchase goods.
This product was chosen by the plaintiff without prior to familiarize, by providing information in the dialogue on the Internet resource "____________" (link) with LLC "____________".
After payment of goods in full in size____________ rub., What is confirmed by the check____________ corresponding to the defendant with writing, the goods were delivered to the address specified by me, and____________ G. I received.
With the closest acquaintance with the goods I decided to refuse to buy, because The product received did not correspond to my order. Rules for sale of goods by remote method and Article 26.1 ZozPP provide the consumer the right to return the goods.
Plaintiff appealed to the respondent in the dialogue on the Internet resource«____________» with a request to return funds, for which I received a refusal.
Paragraph 19 of the PTDS does not allow the consumer transfer to the consumer, which does not correspond to the prior arrangement, if such a transfer is accompanied by a requirement of mandatory payment of goods.
Information on the timing and order of return at the time of delivery was not provided, nor in mandatory written form, nor even orally.
Under paragraph 21 of the Rules, as well as in paragraph 4 of Article 26.1, the ZozPP, the buyer has the right to refuse the goods at any time before its transfer, and after the transfer of goods - within 7 days .. In the event that the procedure and timing of the return of goods are not Was provided in writing:
The moment of delivery of goods, the buyer has the right to refuse the goods within 3 months from the moment of the transfer of goods. The return of goods of good quality is possible if its transportation is preserved, consumer properties, as well as a document confirming the fact and conditions for the purchase of the specified goods.
The goods were not in operation, its commodity and consumer properties were saved.
If the buyer fails, the seller must return the amount paid by the Buyer in accordance with the Treaty, for eliminating the Seller's expenses for delivery from the buyer of the returned goods, no later than 10 days from the date of the buyer of the relevant Requirement (Art. 26.1 ZozPP in Art. 21 PTDDS).
According to paragraph 1 of Art. 13 ZozPP for violating consumer rights The manufacturer carries the daily disappearance provided for by law or contract.
Based on the above articlesthe buyer has the right to demand the return of the amount paid within 10 days from the moment of nomination of this requirement, in turn, assumed to return the goods to the seller.
Due to the fact that the plaintiff the goods did not comply with the order,that is, B. links with improper performanceDefendant its obligationsPlays Significant moral suffering are caused,connected with the need for a short time to find and acquire a similar product.
The respondent's actions caused the plaintiff moral damage, which is estimated at _____________ (_____________) rubles.
On the basis of the above,
ASK:
To recover from _____________ (defendant) in favor of _____________ (plaintiff)paid amount In the amount _____________ (_____________) rub., Penalty for non-compliance in the voluntary order to meet the requirements of the consumer in the amount of _____________ (_____________) rubles, as well as compensation for causing moral damage in the amount of _____________ (_____________). .
Applications:
A copy of the claim with applications;
Confirmation of a pre-trial claim
The number of copies of documents is determined by the number of respondents - if the defendant is one, then 2 applications provide one for the court and one for the defendant. If any document should be in the respondent, for example, a contract of sale, it is not necessary to copy it.
Pro trial to protect consumer rights
What court to file a claim for consumer violationsAs a general rule, the claim is submitted to the court at the location of the defendant, but the laws of the law makes the law makes an exception (Article 17 of the Law of the Russian Federation "On Consumer Protection"): "Claims on the protection of consumer rights can be presented on the selection of the plaintiff to the court at the place: finding an organization, and if the defendant is an individual entrepreneur - his residence; residence or stake in the plaintiff; conclusions or execution of the contract. If the lawsuit to the organization follows from the activities of its branch or representation, it can be submitted to the court at the location of its branch or representation. " Thus, the consumer has the right to independently choose the court into which he will turn to the court to the violator of his rights. It is important to keep in mind that if the price and ska is less than 50,000 rubles, then it is necessary to contact the magistrate. If the price of the claim is more than 50,000 rubles, then cases are considered in the district courts. |
How to file a claim for consumer violations
The signed claim with the accompanying documents can be delivered to the court in two ways:
- bring personally;
- send by mail by registered letter with a notice of delivery.
When sending documents to the court by mail, the postal receipt should be kept. In this case, if the letter is lost in the mail, then it will be possible to find it on the receipt.
Duty on claims related to violations of consumer rights
As a general rule, the statement of claim should be paid by the state duty, but the law makes an exception to the Protection of Consumer Rights. So, paragraph 3 of Art. The 17th Law of the Russian Federation "On Consumer Protection" says:
"Consumers on claims related to violations of their rights, as well as an authorized federal executive body for control (supervision) in the field of consumer protection (its territorial bodies), as well as other federal executive bodies carrying out functions on control and supervision in the field of Protection of consumer rights and safety of goods (works, services) (their territorial bodies), local governments, public associations of consumers (their associations, unions) on claims in the interests of the consumer, consumer groups, an indefinite circle of consumers, are exempt from the payment of state duty In accordance with the legislation Russian Federation About taxes and fees. "
Thus, the consumer is exempt from paying the state duty.
Fine defendant for consumer protection
Resolution of the Plenum of the Supreme Court of the Russian Federation of 28.06.2012 N 17 "On the consideration by courts of civil cases on disputes on consumer protection" introduces a new way to protect consumers:
"Clause 46: when satisfied by the court of consumer requirements in connection with the violation of its rights established by the Consumer Protection Act, which were not satisfied with the voluntary manufacturer (by the Contractor, the Seller, an authorized organization or an authorized individual entrepreneur, the importer), the court charges with The defendant in favor of the consumer is a fine, regardless of whether such a requirement has declared (paragraph 6 of Article 13 of the Law).
When satisfying the requirements of the requirements declared by public associations of consumers (their associations, unions) or local governments to protect the rights and legitimate interests of a particular consumer, fifty percent of a certain amount of the amount of the fine charges in favor of these associations or bodies, regardless of whether such a requirement has declared . "
Power of attorney to represent the interests of the consumer in court
A power of attorney can be both making several cases during a certain period and on the maintenance of a certain case.
For example,
Power of Attorney for Civil Affairs
POWER OF ATTORNEY
_______________________
(place and date of projection of attorney in words)
I, Citizen Petrov I.S., living at: "...", passport "...",
i am authorized by a citizen ".." (FF), living at: "...", keep my affairs in all judicial institutions with all the rights granted by the law to the plaintiff, the defendant, a third party and the victim, including With the right to end the case, the world, recognition or refusal completely or partly from the claims, changes in the claim, appeal to the court decision, obtaining an executive list with the right to receive property and money.
Power of attorney issued for a term of "..." (in words) with (without) the right (a) of the transmission and valid by "...".
"..." (date in words)
"..." signature)
Power of Attorney for the presentation of interests
POWER OF ATTORNEY
(place and date of projection of attorney in words)
The real attorney is issued by me, a citizen Petrov I.S., living at the address: "...", the passport "...", a citizen "...", living at the address: "...", in the fact that he is entrusted to represent my interests when considering my Asking the company "..." at all stages of the trial, including in the cassation and supervisory instances.
Within the framework of this order, a citizen "..." has the right to exercise all powers and make all the procedural action on my behalf, provided by the Party in the Civil Procedure, including fully or partially abandon the claims, recognize the claim, change the subject of the claim to conclude a settlement agreement, appeal against court decisions, present an executive list to recovery.
Power of attorney issued for a term of "..." with the right of handover and valid by "...".
"..." (date in words)
"..." signature)
Certain inscription notary
(or:
The authenticity of the signature of Petrova and, C ,. I certify
(Full name and position of the person certifying the confidence signature)
(signature)
Consumer Protection Statement
Statement of claim It is submitted to the court in writing in several e in several copies, the number of which depends on the number of respondents. So, if there are two defendants, then three copies of the claim appear to the court: one of them will remain in court, the other two are sent to respondents.
The statement of claim can be written as written by hand, and printed.
The claim must indicate:
- The name of the court in which the application is submitted.
- The name of the plaintiff (the plaintiff is a consumer): surname, name, patronymic, home address (if the plaintiff lives not at the address of the registration, then you should also specify this address), the phone number, as well as the name of the representative and its address, if the application is filed by the representative;
- the name of the defendant (seller, manufacturer), its legal and actual address, the official phone number and telephones of managers (if those are known to the consumer);
- description of the violation of the rights of consumer (or the threat of violation of the rights or legitimate interests of the consumer) with reference to the relevant articles of the law;
- requirements of the plaintiff;
- the amount of the price of the claim, if it is subject to the assessment, as well as the calculation of the accurate or disputed monetary amounts (compensation of moral damage in the price of the claim does not turn on;
- information on compliance with the pre-trial procedure to appeal to the defendant, if it is established by law or is provided for by the Treaty of Parties (for example, the pre-trial procedure is planned to be asked for transportation (to transport organizations). Accordingly, if the consumer provides a lawsuit, for example, in relation to the missing things that have lost from luggage, But before that, it will not give a carrier's organization on time, then his claim will not be the court. The same will be the same in the case of a claim associated with the improper quality of communication services or transportation of passengers, etc.);
- The list of documents attached to the statement, which confirm the validity of the consumer's claims. (It is better to attach copies of documents to the application. The scripts will need to be submitted during the court meeting).
The list of attached documents, in particular, includes:
- a document confirming the payment of state duty, if it must be paid (consumers from payment of state duty are released);
- power of attorney or other document certifying the powers of the representative of the plaintiff;
- documents confirming the circumstances on the basis of which the plaintiff substantiates its requirements (for example, an agreement, payment receipts, commodity and cash checks, warranty card, expertise acts, medical certificates, complaint, etc.);
- proof confirming the fulfillment of the mandatory pre-trial procedure for the settlement of the dispute, if such an order is provided for by federal law or contract;
- Calculation of a collective or disputed monetary amount, signed by the plaintiff, his representative.
The number of copies of the accompanying documents corresponds to the number of respondents and third parties.
The statement may also contain phone numbers, faxes, addresses email The plaintiff, his representative, the defendant, as well as other information that matter for consideration and permission of the case, as well as the statement of the plaintiff.
The statement signs the plaintiff or its representative. A power of attorney (other document), which certifies the authority of the representative must be attached to the lawsuit.
It is worth making a separate copy from the claim and all relevant documents. This document is useful for the plaintiff itself, and its representative, and a lawyer for competent business.
Samples of claims for consumer violations
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The statement of claim with the requirement of a refund of money for a poor-quality laptop, the payment of penalties and compensation for moral damage
Job's judge litter No. "..." of the district "..." of Moscow,
Moskva, ul. "...", d. "..."
Plaintiff: _____________________________
(Full name, address)
Respondent: __________________________
(Name, address)
STATEMENT OF CLAIM
On August 6, 2013, I acquired a laptop "..." in the company "...", for which I paid "..." rubles, which is confirmed by the commodity check.
The purchased product discovered the following disadvantages:
one. "…"
2. "..."
August 17, 2013 I turned to the defendant with a written claim in which I demanded to replace the goods of improper quality to the product of a similar brand. However, I was refused to satisfy my legitimate requirements.
Article 4 of the Law of the Russian Federation of 07.02.1992 No. 2300-1 "On Consumer Protection" (hereinafter - the Law of OZPP) The quality of goods (work, services) reads:
p.1. The seller (performer) is obliged to transfer the goods to the consumer (perform work, to provide a service), the quality of which is consistent with the contract.
p. In the absence of conditions in the contract on the quality of goods (work, services), the seller (performer) is obliged to transfer the goods to the consumer (perform the work, to provide a service), suitable for the purposes for which the goods (work, service) of this kind is commonly used.
p.3. If the seller (performer), at the conclusion of the contract, was informed by the consumer informant about the specific purpose of acquiring goods (fulfillment of work, providing services), the seller (performer) is obliged to transfer the goods to the consumer (perform work, to provide a service) suitable for use in accordance with these goals .
According to Article 13 of the OZPP Law, the manufacturer's responsibility (artist, seller, an authorized organization or an authorized individual entrepreneur, importer) for violation of consumer rights is established:
P.1. For violation of consumer rights, the manufacturer (executor, the Seller, an authorized organization or an authorized individual entrepreneur, the importer) is responsible provided for by law or contract.
p. Unless otherwise established by law, the losses caused to the consumer are subject to compensation in the full amount excess of penalties (penalties) established by law or contract.
According to Article 18 of the OZPP law, the consumer sold the goods of improper quality, if it was not agreed by the seller, it is entitled to refuse to fulfill the contract of sale and demand the return of the amount paid for the goods.
At the same time, the consumer has the right to demand also full compensation for damages caused to him due to the sale of goods inadequate quality.
In accordance with Art. 22 of the OZPP Law of the Consumer Requirements on the return of the money paid for the goods and compensation for damages caused to the consumer of the sale of inadequate quality goods, is subject to satisfaction with the Seller within ten days from the date of presentation of the relevant requirement.
After presenting a claim by the seller on time specified in Art. 22 OZPP requirements were not satisfied.
According to Article 23 of the OZPP Law, the seller's responsibility is established for the delay in fulfilling the requirements of the consumer:
p.1. For violation of the provisions provided for in Articles 20, 21 and 22, the deadlines, as well as for non-fulfillment of the consumer's requirement to provide it for the repair (replacement) of similar goods, the seller (manufacturer, an authorized organization or an authorized individual entrepreneur, importer), allowed such violations, pays to the consumer For each day of delay, the penalty (penal) in the amount of one percent of the price of the goods.
Thus, at the date of signing the claim by the defendant, the term of satisfaction of my claims for the return of money paid for the goods starting from "..." 2013, and based on this, a penalty (penalties) is charged.
Due to the fact that the defendant does not intend to voluntarily resolve the argument, I have to apply to this lawsuage to the court.
According to Art. 15 of the Law of OZPP and Art. 151 GK Moral harm caused to the consumer due to violation by the Seller of the Consumer Rights, provided for by laws and legal acts of the Russian Federation, regulating relations in the field of consumer protection, is compensable for the damage to harm in the presence of its fault.
Due to the illegal actions of the defendant, a significant moral damage was caused to me, related to the acquisition of poor quality goods, the inability to use it is properly appropriate for the appointment and evasion of the defendant from responsibility.
Based on reasons of rationality and justice, I appreciate the moral harm caused to me in the amount of "..." rubles.
Based on Article 13, Article 15, Article 18, Article 21, Article 23 of the Law of the Russian Federation "On the Protection of Consumer Rights"
Ask:
1. Distribute the purchase and sale agreement of the laptop "" and oblige the defendant to return me the money fully paid by me in the amount of "..." rubles.
2. To recover from the defendant a penalty for the delay in fulfilling the requirements for the replacement of goods in the amount of 1% of the price of the goods for every day of delay, i.e. (calculations) in the amount of "..." rubles.
4. To recover from the defendant I made court costs.
5. For refusal to voluntarily satisfy the legitimate requirements of the consumer to recover from the defendant a fine of 50% of the price of the claim.
Applications:
1. Copy of commercial check
2. A copy of the claim directed by the defendant
3. A copy of the claim for the defendant
Signature
date
The statement of claim with the requirement of replacement of low-quality electric stoves
(edges, republics)
(FULL NAME, address)
______________________________________
(Name, address)
STATEMENT OF CLAIM
"..." July 2013 I acquired an electric stove "..." by the price "..." rubles. Treaty of sale and sales is confirmed by commodity check. After four months, during the warranty period, the slab broke down.
I applied to the warranty workshop with a request to eliminate the defect. Due to the lack of necessary parts, the master was unable to eliminate the defect, saying that it was unknown when the necessary details were. Thus, the breakdown cannot be eliminated without disproportionate time spending and belongs to essential, and I have the right to replace the refrigerator on the same product of another brand.
"..." "..." 2014 I turned to the defendant with a request to replace the faulty electric stove "..." on the slab "" with an expulsion of the price. However, in satisfaction of my legitimate request, I was denied. The defendant proposed to wait for the receipt of the necessary parts in the warranty workshop, and then make repair of the refrigerator.
In accordance with paragraph 1 of Article 18 of the Law of the Russian Federation "On the Protection of Consumer Rights", the consumer has the right to exchange technically complex goods with significant disadvantages to a similar product of another brand. I was denied in my legal request.
In addition, since in accordance with article 21 of the Law of the Russian Federation "On the Protection of Consumer Rights" The store was supposed to fulfill my replacement requirement in a 7-day term, then in accordance with article 23 of the Law of the Russian Federation "On the Protection of Consumer Rights" For the delay in fulfilling the requirements for the replacement of goods, the store should pay a penalty in the amount of 1% for each day of delay.
The actions of the defendant to me the moral harm: store workers rudely talked to me, laughed, refused to meet my legitimate requirements and I had to spend time and means to protect your violated rights. In accordance with Art. 15 of the Law of the Russian Federation "On Protection of Consumer Rights" This gives me the right to demand compensation for moral damage, which I estimate in the amount of "..." rubles ..
Based on the foregoing, guided by Art. 13, 15, 18, 21, 23 of the Law of the Russian Federation "On the Protection of Consumer Rights"
Ask:
1. To oblige the defendant to replace the faulty electric stove "..." on the electric stove "..." with recalculation of the price, putting the duty on it to deliver the plate for replacement and back.
2. To recover from the defendant a penalty for the delay in replacing the refrigerator in the amount of "...".
3. To recover from the defendant "..." rubles. As compensation for the moral damage caused.
Applications:
1. Copy of commercial check
2. Copy of warranty talon
3. Copy of the inspection of the refrigerator
4. Copy of the application requesting the replacement of the refrigerator
5. …
Signature
date
The statement of claim for a proportionate reduction in the purchase price and payment of a penalty when buying a car
In ______________ District (urban)
people's Court ________________
(edges, republics)
Plaintiff: _______________________________
(FULL NAME, address)
Respondent: ____________________________
______________________________________
(Name, address)
STATEMENT OF CLAIM
"____" ______________2013 I bought in the company "..." car "..." (brand, vin, engine rooms, body and chassis) cost "..." rub.
The car was shortcoming, namely:
one. "…",
2. "...",
3. "...",
4. …
The fact of buying a car is confirmed by the following documents:
one. "…"
2. "..."
3. …
Finding disadvantages on the basis of clause 1 Article 18 of the Law of the Russian Federation "On the Protection of Consumer Rights" I demanded a proportionate reduction in the purchase price of the amount "..." rubles, which was recorded in the claim attached to this statement.
The defendant did not fulfill my legitimate requirements in the period established by law. Therefore, I repeated my requirement about a proportionate reduction in the purchase price, and also added a legitimate requirement to pay a penalty for the delay in fulfilling my claim in the amount of "...", which was also fixed in the claim attached to this statement.
According to Article 22 of the Law of the Russian Federation "On the Protection of Consumer Rights" "Consumer requirement about a commensurate decrease in the purchase price of goods is subject to satisfaction within 10 days from the date of its presentation. From the date of the presentation, the claim has passed "..." days, however, the company has not fulfilled my claim.
According to paragraph 5 of Art. 13 of the Law of the Russian Federation "On the Protection of Consumer Rights" Consumer Requirements on the payment of a penalty provided for by the Law "On Consumer Protection" to be satisfied with a voluntary basis.
In accordance with paragraph 1 of Article 23 of the Law of the Russian Federation "On the Protection of Consumer Rights" for non-compliance (implementation delay) Consumer requirement provided for by Art. 22 of the law to the consumer is paid for every day of delay a penalty in the amount of 1% of the price of goods.
For the violation, the company was supposed to pay a penalty in the amount of "..." rubles. In the claim from "..." 2013. I demanded a decrease in the purchase price of the amount "..." rubles, as well as the payments of the penalty in the amount of "... rubles.
The defendant refused to fulfill my demands, so I have to apply to court with a statement of claim. The actions of the company's employees, moral harm to me, expressed in moral suffering, experienced by me as a result of illegal actions - I was deceived, insulted, rudely talked to me. I appreciated moral damage I appreciate in the amount of "..." rubles.
In addition, to protect their rights, I was forced to turn to a lawyer, for whose services I paid "..." rubles ..
The amount of claims:
1. Reducing the purchase price of the amount "..." rubles.
2. The penalty for failure to fulfill the requirement for a commensurate decrease in the purchase price "..." rubles.
3. Moral harm "..." rub.
4. Lawyer services "" Rub.
TOTAL: "..." rub.
Ask:
1. To recover from the defendant to my benefit of a sum of money in the amount of "..." rubles.
2. To impose a fine on the defendant, as provided, in the amount of the price of the claim.
Applications:
1. A copy of documents confirming the fact of acquiring a car
2. A copy of the claim from "..." 2013
3. A copy of the claim from "..." 2013
4. A copy of the receipt of payment for services of a lawyer
5. Copy of the claim for the defendant
date
Signature
The statement of claim for the recovery of the amount paid for the goods of improper quality, bought by remote method
In ______________ District (urban)
people's Court ________________
(edges, republics)
Plaintiff: _______________________________
(FULL NAME, address)
Respondent: ____________________________
______________________________________
(Name, address)
STATEMENT OF CLAIM
"..." 2013 I acquired by a remote method of the company "..." refrigerator "...", paying "..." rubles. Delivery of goods was made in the evening and transferred in the package, without the possibility of external inspection, without testing performance, without making an act of acceptance and transmission, without providing in the manner prescribed by law, information about the seller, the procedure and timing of the return of goods.
After the release of the goods from the packaging, I found that the goods have serious mechanical damage, namely:
one. "…",
2. "...",
In this regard, I tried to return the goods, but I could not do this. Could not even get through to the seller on the same day. "..." 2013, the day after the delivery of the specified goods, it turned out a written statement of the seller with a written claim with the requirement of the return of this product paid by him, having these disadvantages, money. However, the representative of the seller was evaconed from the fulfillment of this consumer demand.
"..." 2013 at my request by a specialist of an authorized service center "..." was a survey of the specified product and a lot of mechanical damage was identified that these damage was apparently caused during transportation or storage of goods.
"..." 2013 I again turned to the representative of the seller with a re-demanding about the return of money, applying a copy of the initial statement to a re-claim, a copy of the service center and the proof of the damages caused. However, to date, not only my requirement is not fulfilled, but also not a response to the claim.
According to the norms of Article 28.1 of the Law of the Russian Federation of 07.02.1992. №2300-1 "On the protection of consumer rights, at the distance method of sale, the consumer has the right to refuse the goods at any time before its transfer, and after the transfer of goods - within seven days. In the event that information on the procedure and timing of the return of goods of good quality was not provided in writing at the time of delivery of goods, the consumer has the right to refuse the goods within three months from the date of the transfer of goods. The consequences of selling goods inadequate quality by the remote product of the sale of goods are established by the provisions provided for in Articles 18 - 24 of this Law.
"..." 2013 in full compliance with the norms of Article 198-24, 26.1 of the Consumer Protection Act, I presented "..." of companies:
- the requirement for the return of funds paid by me for the refrigerator,
- Conclusion of the service center about the presence of shortcomings (mechanical damage) of this product.
According to the standards of paragraph 6 (part 2) of Article 18 of the Law on Consumer Rights Protection, in relation to the goods on which the warranty period is established, the Seller is responsible for the disadvantages of goods, if it does not prove that they arose after the transfer of goods to the consumer due to the violation by the consumer's rules use, storing or transporting goods, actions of third parties or irresistible force.
According to the standards of Article 22 of the Consumer Protection of the Consumer Protection of the Consumer on the return of the amount paid for the goods, as well as the requirement for damages caused to the consumer as a result of the sale of inadequate quality goods, are subject to satisfaction with the Seller within ten days from the date of presentation of the relevant requirement.
Since until now, the seller stipulated by the law on the protection of consumer rights duties did not fulfill, after the expiration provided by the law of the ten-day term, the norms of Article 23 of the Act on the RED, according to which for violation of the seller who provided for in Articles 20, 21 and 22 of this Law , pays the consumer for each day of delay a penalty (penalty) in the amount of one percent of the price of the goods.
In accordance with the norms of Article 18 of the Law on the Protection of Consumer Rights, the consumer has the right to demand also full compensation for damages caused to him due to the sale of the goods inadequate quality. Losses are reimbursed within the time limits established by this Law, to meet the relevant consumer requirements.
"..." 2013 In addition to the claim from "..." 2013. In accordance with the norms of Article 18 of the Law on the Protection of Consumer Rights, I demanded from the company "..." to refund the losses caused to me in the amount of "..." rubles. This requirement was also not satisfied. At the moment, the amount of losses increased.
In accordance with the norms of Article 15 of the Law on the Protection of Consumer Rights, compensation is also subject to moral harm caused to me by the vernachable seller due to the violation by the Seller of the Consumer Rights, provided for by laws and legal acts of the Russian Federation regulating relations in the field of consumer protection.
In connection with the disappointment of the acquisition of poor-quality refrigerator and deception by the seller, I must compensate for me the moral harm in the amount of "..." rubles.
Based on the above and guided by Article.13, 15, 18, 22, 23 of the Law of the Russian Federation "On the Protection of Consumer Rights",
Ask:
1. To recover from the defendant by the amount paid by me for the goods of improper quality
2. To recover from the defendant a penalty (penny) for the delay in fulfilling the requirements for the return of the amount paid by the plaintiff, at the rate of "..." rubles. For each day of delay in the execution of this requirement, starting with "..." 2013. Before the date of the decision of the court in the case on this claim.
3. To recover from the respondent losses
4. To recover from the defendant compensation for moral damage in the amount of "..." rubles.
5. To impose a fine on the defendant provided p.6 Article 13 of the Law of the Russian Federation "On Protection of Consumer Rights", in the amount of the price of a claim.
Applications:
1. A copy of the paper payments.
2. Copy of warranty obligations to the goods.
3. A copy of the service center.
4. A copy of the statement of the claim from "..." 2013
5. A copy of the supplement to the claim from "..." 2013
6. Copies of documents confirming losses
7. Calculation of the price of the claim.
date
Signature
The statement of claim for the payment of the twig price of a spoiled thing, pay the penalty and penalty penalty
World judge of the judicial area No. "..."
district ______________
Plaintiff: _______________________________
(FULL NAME, address)
Respondent: ____________________________
______________________________________
(Name, address)
STATEMENT OF CLAIM
"..." 2013 I and the company "..." was concluded a contract of consumer contract for the chemical cleaning of the fur coat. I fulfilled my obligations by paying jobs for "..." rubles. However, the next defects have returned after cleaning:
one. "…"
2. "..."
I informed the representative of the company "..." about the detected defects. But I did not heave me to the end and said that the defects were not going to discuss.
In accordance with Art. 15, 1064 of the Russian Federation of the Russian Federation losses caused to a citizen are subject to compensation in the full person who caused them. In addition, these relations between me and the defendant fall under the regulation of the Law of the Russian Federation "On the Protection of Consumer Rights". In art. 14 of this law it is said that the damage caused to the property of the consumer due to the disadvantages of work / services is subject to compensation in full.
In accordance with Art. 35 of the Law of the Russian Federation "On Protection of Consumer Rights", if the work is performed with a consumer's thing, the Contractor is responsible for the safety of this thing and its correct use. In the case of full or partial loss (damage), the belongings taken from the consumer, the performer is obliged to replace it with a homogeneous product of the same quality and, at the request of the consumer, make a product from homogeneous material (things) within a reasonable time, and in the absence of homogeneous material (things) A similar quality is to compensate to the consumer a two-time price of lost (damaged) things, as well as expenses incurred by the consumer.
I was sent to the defendant two claims with the requirement of compensation for damage on the basis of Art. 35 of the Law of the Russian Federation "On the Protection of Consumer Rights" caused by the defendant, but at the moment, the company "..." "did not satisfy the stated requirements in voluntarily.
The norms of legislation on the protection of consumer rights are prescribed to satisfy the requirements of the consumer in a voluntary order. In case of violation of the established period of work in accordance with paragraph 5 of Art. 28 of the law "On Protection of Consumer Rights" The Contractor has a duty to pay a penalty in the amount of 3% of the cost of work for each day of delay. My first complaint was adopted by an employee of the company "..." 2013, the penalty is calculated from "..." 2013 and at the time of signing the claim is the amount of "..." rubles. At the rate of "...".
In accordance with paragraph 6 of Art. 13 of the Consumer Protection of Consumer Rights For Failure to comply with the requirements of the consumer voluntarily, the court imposes a fine on the respondent in the amount of 50% of the amount paid in favor of the consumer
Based on the above and guided by Article.13, 15, 18, 22, 23 of the Law of the Russian Federation "On the Protection of Consumer Rights",
Ask:
1. To recover from the defendant the two-time cost from the calculation "..." rubles.
2. To recover from the defendant a penalty in the amount of 3% for each day of delay to the date of actual satisfaction of the requirement.
3. Impose a fine on the defendant provided p.6 Article 13 of the Law of the Russian Federation "On Protection of Consumer Rights", in the amount of the price of a claim.
Applications:
1. Sales receipt "…"
2. Warranty coupon "..."
3. Claim from "..." 2013
4. Claim and from "..." 2013
date
Signature
The statement of claim for the return of bank deposits and the protection of consumer rights
In ______________ District (urban)
people's Court ________________
(edges, republics)
Plaintiff: _______________________________
(FULL NAME, address)
Respondent: ____________________________
______________________________________
(Name, address)
STATEMENT OF CLAIM
Between I and the defendant, a bank deposit agreement was concluded from "..." 2013
"..." 2013 I turned the defendant with the requirement of returning the contribution and interest on it, to which I received a refusal.
"..." 2013 I sent a respondent re-demanding with the indication of the period of payment "" 2013, but did not receive the answer.
To date, I have not received the contribution (the amount of the contribution is "..." rubles) and interest on it, the amount of which, in accordance with the agreement concluded between us, is "..." rubles.
Illegal retention by the defendant essential for me the sum of money causes me moral suffering. The defendant is obliged to compensate in accordance with Art. 15 of the law on the protection of consumer rights to me moral damage, the size of which I estimate in "..." rubles.
In accordance with Art. 393, 834 of the Civil Code of the Russian Federation,
Ask:
To recover from the defendant:
1. The amount of the deposit in the amount of "..." rubles.
2. Interest on the contribution of "..." rubles.
3. Compensation of moral damage in the amount of "..." rubles.
Applications:
1. Copy of bank deposit agreement
2. Copy Requirement Request for Money Deposit
3. Calculation of claims
(Name, address)
STATEMENT OF CLAIM
"..." 2013 I bought a car "..." (brand, vin, engine number, body and chassis) cost "..." rubles.
By virtue of Article 4 of the Law of the Russian Federation "On Protection of Consumer Rights", the Seller is obliged to transfer the goods to the consumer of good quality, but this requirement of the law was rudely broken. Already in the first days after the purchase began to be detected
car, namely:
one. "…",
2. "...",
3. "...",
"" 2013 car was admitted to the technical center for repair. From this time, the car is in the technical center, but the replacement of the necessary nodes (aggregates) is not made until now. However, in accordance with clause 1 of Article 20 of the Law "On Consumer Rights Protection"The disadvantages found in the product must be eliminated immediately. I was forced to travel to rent another car.
"..." 2013. The car was inspected by experts "...". According to experts, the identified disadvantages of the car are essential.
According to Article 23 of the Law of the Russian Federation "On the Protection of Consumer Rights" in case of failure to fulfill the requirements of the consumer on time, the consumer has the right to prevent other requirements provided for by Art. 18 of the specified law. By virtue of Article 18 of the Law, the consumer has the right to demand either the replacement of goods (for technically complex goods - in the event of significant drawbacks), or termination of the contract, or eliminate deficiencies, or reducing the purchase price of the goods.
"..." 2013 I sent a claim to the defendant, in which I asked to replace the car for a similar proper quality. In a voluntary order, the defendant refused to satisfy my requirement.
According to paragraph 1 of Article 23 of the Law of the Russian Federation "On the Protection of Consumer Rights" for violating the deadlines of the consumer's requirements for the elimination of deficiencies, a penalty is paid in the amount of 1% of the cost of goods for each day of delay. The proceedings of the car repair is "..." days. Based on the cost of the car, the size of the penalty to be recovered is "..."
The requirement of the consumer on the replacement of goods, by virtue of Article 21 of the Law of the Russian Federation "On Protection of Consumer Rights", must be executed within a seven-day period from the moment of treatment, and in the absence of goods for replacement - no later than one month from the moment of consumer circulation. For the delay in fulfillment, the requirements for the replacement of goods are also responsible in the form of a penalty (Article 23 of the Law of the Russian Federation "On the Protection of Consumer Rights").
The requirement to replace the car is not satisfied to the present. Thus, today the rational of fulfilling the requirements for the replacement of goods is "..." days. Based on the cost of the car, the size of the penalty to be recovered is "..."
The actions of the defendant I have substantial moral damage. According to Art. 15 of the Law of the Russian Federation "On the Protection of Consumer Rights" The moral damage caused to the consumer with a violation of his rights is subject to a refundability of harm. Moral harm caused to me in the amount of "..." rubles.
To protect your rights, I was forced to appeal to a lawyer, for whose services paid "..."
Ask:
1. To oblige the defendant to replace the car to a similar quality for seven days from the moment of a court decision.
2. To recover from the defendant a penalty for the delay in execution of the requirement to eliminate the shortcomings of goods in the amount of "..." rubles.
3. To recover from the defendant a penalty for the delay in fulfillment of the requirements for the replacement of goods in the amount of "..." rubles.
4. Remove me the losses caused by the sale of a low-quality car, i.e. The costs associated with the rent of another car in the amount of "..." rubles.
5. To recover from the defendant compensation for the moral harm in the amount of ".." rubles.
6. To recover from the defendant expenses for the payment of a lawyer's services in the amount of "..." rubles.
Applications:
1. A copy of the arrival cash order (commodity check) confirming the amount paid for the car
2. Copy of car registration certificate
3. Copy of warranty coupon
4. Copy of car inspection act
5. A copy of the claim with a requirement to replace the car
6. Copy of documents from the technical center
7. Copy of car rental contract
8. Copy of documents on payment of services for a lawyer
date
Signature
The statement of claim for the accuracy of the dwelling in the proper condition, for recovery of damages, penalties and compensation for moral damage
In ______________ District (urban)
people's Court ________________
(edges, republics)
Plaintiff: _______________________________
(FULL NAME, address)
Respondent: ____________________________
______________________________________
(Name, address)
STATEMENT OF CLAIM
C "..." 2013 In my apartment located at: "...", the following unfavorable phenomena emerged:
1. violation of the normal temperature regime,
2. enhance humidity
3. the emergence of dampness and mold.
All this leads to the causation of substantial material damage, the danger of harming the health of not only my, but also all the tenants, as well as causing me substantial moral damage.
After repeated appeals in "..." 2013. With the requirement to eliminate the causes of the specified phenomena. "..." 2013 The contracting organization "..." was carried out on "selective sealing of interpanel seams", which, however, did not lead to the elimination of these problems.
In this regard, during the whole 2013. I have repeatedly addressed statements, complaints and claims to various bodies and organizations (prosecutor's office, GUP, GUP DEZ, etc.) - in order to bring his dwelling to a proper condition, allowing you to live in it without the risk of harm to health and life.
According to my appeals, checks were repeatedly conducted, surveys, some work were carried out, but so far the shortcomings are not eliminated. My apartment is in a state potentially dangerous to accommodate in it, as evidenced by the expert opinion of human and hygiene ecology. ambient, Ano CenterExpertiza.
The above facts and documents confirming them indicate the inadequate implementation of the duties and obligations provided for by the current legislation and contracts of the management and obligations of the area ".." and contractors attracted by the data state institution, about gross, laid violation of the rights protected by law and my legitimate interests.
In particular, the organization "..." violated the norms and requirements of the Housing Code of the Russian Federation, the Resolution of the Gosstroita of the Russian Federation of September 27, 2003 N 170 "On Approval of Rules and Norms of Technical Operations of Housing Fund", Agreement No. 2620085825 "On the total ownership of the structure and shares in expenditures on its content and repair ", other legal acts of the Russian Federation and Moscow, part of the rules of the content, operation and repair of residential buildings in Moscow, as well as the norms and requirements of the legislation on the protection of consumer rights - in terms of proper fulfillment of work to consumers, compliance Environmental, sanitary standards and rules.
My demands were ignored by the defendants. Due to the violation of the norms of Article 13 and Article 14 of the Law of the Russian Federation of 07.02.1992. No. 2300-1 "On the Protection of Consumer Rights" (Law on the RFP), according to the fault of the organization "..." and a contract organization "..." I was caused by significant damage - both material damages and moral damage.
In order to replace the windows who came into disrepair, I have to order the manufacture and installation of new designs, which causes significant losses. In addition, I suffered expenses: for examination - "..." rubles; For payment of legal services - "..." rubles. These costs (losses) in accordance with the above-mentioned norms of the EFP law are subject to reimbursement by the responsibility in their causation by organizations in full, as well as caused by moral damage.
In the claims of "..." 2013, in accordance with the norms of the Consumer Protection of the Consumer Protection, the requirements of the consumer on the elimination of work for the seven-day period of work, as well as the reimbursement of damages caused due to the fault of the defendants and compensation for moral damage, but the data Requirements have not yet been satisfied with the respondents.
According to the standards of Art..29-31 of the Act of the CPU, the requirements of the consumer to eliminate the deficiencies of the work, the reimbursement of expenditures to eliminate the shortcomings of the work performed, to compensate for damages, are subject to satisfaction no later than the ten-day period from the date of the presentation of such requirements and for violation of the envisaged The law of the deadlines, the Contractor is obliged to pay the consumer for each day of delay a penalty (Penalty), the size and procedure for calculating which is determined in accordance with paragraph 5 of Article 28 of the CPU Law, that is, in the amount of 3% of the amount of the stated requirements for each day of delay in meeting the relevant requirements. .
According to the standards of claim 5 of Article 13 of the Law on the EHF, "Consumer Requirements on the payment of a penalty (penalties) provided for by law or contract are subject to satisfaction with the manufacturer (by the Contractor, the Seller, an authorized organization or an authorized individual entrepreneur, importer) in a voluntary basis."
Since these, as well as the other, the above, my demands, are not fulfilled by the respondents, in accordance with paragraph 6 of Article 13 of the Law on Consumer Rights Protection, it is also subject to recovery from the defendant as a fine - in the manner and sizes provided for by these norms of the law , as well as according to the current judicial practice.
According to the norms of Article 15 of the Act of the CPU, the reimbursement is subject to moral damage to me, which expressed in my experiences, suffering, nervous stress, depression related to the entire irresponsible attitude of the organization's management "..." and the contracting organization "...". I appreciate me moral harm I rate in which I appreciate in "..." rubles.
Based on the above and guided by Art. Str. 15, 18, 20, 21, 23 of the Law of the Russian Federation "On the Protection of Consumer Rights",
Ask:
1. To recover from the defendants caused damages ..
2. To recover from the defendants to compensate for the moral damage in the amount of "...".
3. To recover from the defendants a penalty (penal) for the delay in the execution of the junction on eliminating the shortcomings of the work performed.
4. To recover from the defendants a fine in the manner prescribed by the norms of paragraph 6 of article 13 of the Law on the Protection of Consumer Rights.
Applications:
1. A copy of the agreement No. "..." "On the overall ownership of the structure and share participation in costs for its maintenance and repair."
2. Copies of documents containing information about the essence of the problem, the permission of which is the subject of the claim (correspondence, acts of the housing survey, etc.
3. A copy of the expert opinion of the human ecology and environmental hygiene.
4. A copy of the expert conclusion of ANO "CenterExpertiz"
5. Copies of documents confirming the losses of the consumer, incl. court expenses.
date
16. Subjects of appeal to court on disputes on the protection of consumer protection are: citizens of the Russian Federation, foreign citizens and stateless persons; prosecutor; The federal executive body authorized to exercise the Federal State Supervision in the field of consumer rights protection, and its territorial bodies, as well as other bodies in cases established by law (hereinafter - authorized bodies); local governments; Public associations of consumers (their associations, unions), which have the status of a legal entity.
17. A citizen registered as an individual entrepreneur has the right to apply to the court of general jurisdiction for protecting on transactions concluded by him with the seller (performer) when selling goods (performance, service, services) exclusively for personal, family, home, household and other needs. not related to the implementation of business entrepreneurial activities.
18. In case of termination of state registration of a citizen as an individual entrepreneur, in particular in connection with the expiration of the certificate of state registration or cancellation of state registration, the consumer has the right to apply to the specified person with the requirements associated with the earlier sales activities. Goods (performance of work, providing services).
19. Cases on applications for the liquidation of the manufacturer (artist, seller, authorized organization, importer) or on the termination of the activities of an individual entrepreneur (authorized individual entrepreneur) for repeated (two or more times for one calendar year) or rude (entailed death or massive disease , Poisoning people) Violation of consumer rights (subparagraph 7 of paragraph 4 of Article 40 of the Law on Consumer Rights Protection), filed by officials of the authorized body, jurisdated by the court of general jurisdiction.
20. In accordance with the Code of Civil Procedure of the Russian Federation, and the Consumer Protection Act, the court of general jurisdiction jurisdrawn on the claims of prosecutors, authorized bodies, local governments, public associations of consumers (their associations, unions), which have the status of a legal entity, to the manufacturer (seller , Contractor, an authorized organization or an authorized individual entrepreneur, importer), filed in defense of the rights and legitimate interests of an indefinite circle of consumers.
In defense of the rights and legitimate interests of an indefinite circle of consumers, only the requirements for which the purpose of which is to recognize the actions of the defendant with unlawful or termination of the opposing actions of the defendant (Civil Code of the Russian Federation, Law).
21. Authorized bodies, local self-government bodies, public associations of consumers (their associations, unions), which have the status of a legal entity, in order to implement their statutory activities, have the right to apply to the court to protect the rights and legitimate interests of a particular consumer (consumer group) only in the presence of them The corresponding request (requests) expressed in the complaint (complaints) filed (submitted) in writing.
22. In accordance with paragraph 2 of Article 17 of the Law on Consumer Protection of Consumer Claims, claims for this category of cases are made to court at the place of residence or stay of the plaintiff, or at the place of conclusion or execution of the contract, or at the location of the organization (its branch or representative office) or At the place of residence of the defendant, which is an individual entrepreneur. The courts are not entitled to return the statement of claim with reference to paragraph 2 of Part 1 of Article 135 of the Code of Civil Procedure of the Russian Federation, since due to parts 7, 10 of Article 29 of the Code of Civil Procedure of the Russian Federation, the choice between several courts, which is required, belongs to the plaintiff.
The exceptions are claims arising from the transport of goods (Civil Code of the Russian Federation), as well as claims in connection with the transportation of passenger, luggage, cargo or due to towing an object towed by internal water transport (paragraphs 1 and 2 of Article 161 of the Codex internal water transport Of the Russian Federation), improved in accordance with Part 3 of Article 30 of the Code of Civil Procedure of the Russian Federation at the location of the carrier, to which a claim was presented in the prescribed manner.
The court is not entitled to return the statement of claim containing the requirement for the carrier (with the exception of people engaged in the inland waterways) of the passenger and (or) baggage, which is submitted by the rules of jurisdiction established for claims for the protection of consumer rights, including in connection With the implementation of charter air transportation of passengers as part of the implementation of the Treaty Treaty of the Tourist Product.
23. Before filing a claim to the court, a mandatory complaint procedure for resolving disputes is provided in the event of non-fulfillment or improper execution by operator of obligations arising from the contract for the provision of communication services (paragraph 4 of Article 55 Federal Law On July 7, 2003, N 126-ФЗ "On Communication"), as well as in connection with the transportation of passenger, baggage, cargo or due to towing an object towed by inland water transport (paragraph 1 of Article 161 of the Codex Code of Inland Water Transport of the Russian Federation).
Failure to comply with this rule is the basis for the return of the claim with reference to paragraph 1 of Part 1 of Article 135 of the Code of Civil Procedure of the Russian Federation.
24. Cases on disputes on the protection of non-property rights of consumers (for example, when refusing to provide the necessary and reliable information about the manufacturer), as well as the requirement of a property, not subject to assessment, as well as the requirement for compensation for moral damage to the regional court (Article 23, Code of Civil Procedure of the Russian Federation).
25. The statements of the prosecutor, the authorized body, the local government body, the public association of consumers (their associations, union), which have the status of a legal entity, to protect the rights of an indefinite circle of consumers are considered by the court in compliance with general rules The jurisdiction provided for in Article 28 of the Code of Civil Procedure of the Russian Federation is at the location of the defendant.
The statements of these persons submitted to the defense of a particular consumer or consumer group are made to the court according to the rules on alternative jurisdiction (part 7 of article 29 of the Code of Civil Procedure of the Russian Federation, paragraph 2 of Article 17 of the Law on Consumer Rights Protection).
26. In case the claim submitted to the court by the consumer in accordance with the condition of the conteffity agreement concluded by the parties, the judge is not entitled to return such a claim with reference to paragraph 2 of part 1 of article 135 of the Code of Civil Procedure of the Russian Federation.
The judge is not entitled, referring to, paragraph 2 of part 1 of article 135 of the Code of Civil Procedure of the Russian Federation, to return the consumer's claim, challenging the condition for the territorial jurisdiction of the dispute, since due to parts 7, 10 of Article 29 of the Code of Civil Procedure of the Russian Federation and paragraph 2 of Article 17 of the Law on Protection of Rights Consumers The choice between several ships, which is coming up, belongs to the plaintiff.
27. Authorized bodies carrying out responsibilities for the protection of rights and protected by the Law of Consumer Interests, and local government authorities before adopting a decision on a case may enter into a case on their own initiative or on the initiative of those involved in the case, and also involved in participation In the case of the court as the authorized bodies entering into the process in order to present the conclusion of the case (
In _________________________ Plaintiff: _________________________ Third parties on the side of the plaintiff: _________________________ _________________________________ Third party on the side of the defendant: _________________________ _________________________________ Руб. The statement of claim to protect the rights of consumers related to the provision of services of inadequate quality _________________________ plaintiff _________________________I concluded with the defendant _________________________ Treaty for the provision of paid service provision, which is confirmed _________________________ _________________________. According to the terms of the contract, the Contractor undertook _________________________. The cost of the service amounted to _________________________ rub. Period of execution - _________________________. According to Article 4 of the Law of the Russian Federation of 07.02.1992. N 2300-I "On Protection of Consumer Rights", the Contractor must provide the consumer to the service, the quality of which corresponds to the contract. Putting on the Contractor under the contract for the provision of service charges by the defendant _________________________ not satisfied: _________________________. This fact is confirmed by the following evidence: _________________________. _________________________ The plaintiff _________________________ turned with a claim to the defendant _________________________ with the requirement to eliminate the identified deficiencies of the service provided. However, the defendant did not respond to the claim. In accordance with Article 26 of the Law of the Russian Federation of 07.02.1992. N 2300-I "On the Protection of Consumer Rights" "Consumer During the detection of the shortcomings of the service provided, it is possible to demand: gratuitous elimination of the shortcomings of the service provided; appropriate reducing the price of the service provided; Reimbursement of expenses incurred by them to eliminate the shortcomings of the services provided by their own or third parties. The consumer has the right to refuse to fulfill the service agreement and require full damages, if the deficiencies provided by the specified agreement, the deficiencies of the service provided are not eliminated by the Contractor. The consumer is also entitled to refuse the execution of the Service Treaty if they found substantial disadvantages of the services provided or other essential deviations from the terms of the contract. The consumer has the right to demand also full compensation for damages caused to him due to the shortcomings of the work provided by the service. According to the calculation attached to the claim, the amount of losses associated with the provision of services of inadequate quality, amounted to _________________________ rub. By virtue of Article 30 of the Law of the Russian Federation of 07.02.1992, N 2300-I "On Protection of Consumer Rights", the disadvantages of the services provided should be eliminated by the Contractor within a reasonable time appointed by the consumer. The deadline for eliminating the deficiencies in the consumer is indicated in the contract or in another subscribed parties to the document or in a statement directed by the consumer to the Contractor. For violation of the deadlines provided for by this article, the Contractor pays the consumer for each day of delay a penalty (penalty) in the amount of 3% of the provision of services (clause 5 of Article 28 of the Law of the Russian Federation of 07.02.1992 N 2300-I "On Protection consumers' rights "). According to the calculation attached to the claim, the amount of the penalty for skipping the term of returning the value of the purchased goods is _________________________ rub. Distinguished the service of improper quality, the defendant _________________________ violated the plaintiff's rights _________________________, as a consumer. Article 15 of the Law of the Russian Federation of 07.02.1992 N 2300-I "On the Protection of Consumer Rights" for violation of the consumer rights is provided for compensation for moral damage, which is carried out independently of the compensation of property harm and losses incurred by the consumer. Caused by the plaintiff _________________________ Moral harm was expressed in the following: _________________________, which is confirmed _________________________. Moral harm Plaintiff _________________________ Estimates in the amount of _________________________ rub. Thus, from the defendant _________________________ in favor of the plaintiff _________________________ It is necessary to collect the value of the service provided in the amount of _________________________ руб., Losses caused by the service of inappropriate quality in the amount of _________________________ Руб., Peny for skipping the deadline for eliminating the shortcomings of the service provided in the amount of _____________________ Урук., Compensation moral harm in the amount of _________________________ rub., A total of _________________________ rub. In connection with the appeal to the court, the plaintiff suffered court expenses in the form of payment services of the representative in the amount of _________________________ rub. The fact of the provision of services of the representative is confirmed by _________________________ from _________________________, power of attorney No. _______________________________________________________. According to Article 94, 98 GPA, the party in favor of which the court decision was held, the court awards to compensate on the other hand all court costs incurred. Thus, from the defendant in favor of the plaintiff, court costs should be charged in the amount of _________________________ rub. Based on the foregoing, guided by Article.15, 783 of the Civil Code of the Russian Federation, Article 4, 15, 29, 30 of the Law of the Russian Federation of 07.02.1992 N 2300-I "On Protection of Consumer Rights", please: recover from the defendant _________________________ In favor of the plaintiff _________________________ The cost of the service provided - _________________________ - in the amount of _________________________ Руб., Losses caused by the service of inadequate quality, in the amount of _________________________ RUB., A total - _________________________ rub. To recover from the defendant _________________________ in favor of the plaintiff _________________________ The penalty for skipping the deadline for eliminating the shortcomings of the service provided in the amount of _________________________ rub. To recover from the defendant _________________________ in favor of the plaintiff _________________________ Compensation of moral damage in the amount of _________________________ rub. To recover from the defendant _________________________ in favor of the plaintiff _________________________ Court costs for payment of services of a representative in the amount of _________________________ rub. Appendix: 1. A copy of the claim. 2. The calculation of damages caused by the service of improper quality. 3. Calculation of a penalty for skipping the term of satisfaction of the consumer's requirements. 4. Service for the provision of services. 5. A copy of the claim directed by the defendant. 6. Treaty (agreement) on the provision of services of the representative. 7. Power of attorney. Plaintiff _________________________ ________________________________________________
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