A claim for the return of goods is filed if the buyer was unable to reach an agreement with the seller peacefully. Basis – art. Law of 02/07/1992 No. 2300-1 “On the Protection of Consumer Rights”. Before filing an application, it is necessary to follow the claim procedure, that is, hand over a written claim to the guilty party. Even if the store representative refuses to accept the claim, such an attempt to resolve the dispute will give the buyer an advantage during the trial.
An application to the court for the return of goods can be submitted:
- at the location of the defendant (if the defendant is an individual entrepreneur - at his place of residence);
- at the place of residence or location of the plaintiff;
- at the place of the transaction.
The plaintiff has the right to independently decide where to file the application. For claims related to violation of consumer rights, plaintiffs are exempt from paying state duty (grounds: clause 3, article 17 of law No. 2300-1; clause 2, article 333.36 of the Tax Code of the Russian Federation).
Property disputes regarding the protection of consumer rights with a claim price of no more than 100 thousand rubles. are considered by justices of the peace (clause 6.1, paragraph 1, article 3 of the Law “On Justices of the Peace” dated December 17, 1998 No. 188-FZ).
What information must be included in the statement of claim for the return of goods:
- The exact name of the court.
- FULL NAME. the plaintiff and the address at which he is registered, the address of his location, telephone number, if available, email address.
- Name and address of the defendant organization (or full name and address of the individual entrepreneur).
- The essence of the dispute, indicating specific requirements, references to legislative norms for each requirement.
- Grounds for making claims and available evidence.
- Cost of claim.
- Information on compliance with the claim procedure for dispute resolution.
- List of attachments (copy of application for the defendant, supporting documents).
Written claim before going to court
The first thing you need to do, and be sure to before turning to the judicial authorities to protect your consumer rights, is to send a claim to the potential defendant in writing. It is advisable to present it in person.
In the complaint, you briefly indicate the essence of the legal relationship between the parties, what kind of product (service) you are not satisfied with, and fully and clearly indicate your requirements.
Important! When making a claim, clearly set the deadline for correcting the defects. When determining this period, proceed from the concept of reasonableness.
The same requirements can then be transferred to a claim filed for the protection of consumer rights. All requirements relating to low-quality goods are given in Article 18 of the Law “On Protection of Consumer Rights”.
It defines that the consumer, if any defects are identified in the purchased product that were not previously agreed upon with the seller, at his own discretion has the right:
- demand that he replace the improper product with a similar one of the same brand;
- require him to replace the purchased product with a similar one, but of a different brand, and recalculate the cost;
- demand a reduction in the cost of the purchased product in proportion to the identified defects (defects);
- demand proper correction of defects identified in the product or reimbursement of expenses incurred by the consumer to eliminate them (repair costs);
- demand the return of the price paid for the goods in full, with a concomitant refusal to fulfill the CP (purchase and sale) agreement.
Remember! As for the service performed poorly by the contractor, the requirements on this issue are set out in Article 29 of the Law “On the Protection of Consumer Rights”.
It is indicated here that the consumer, if he identifies shortcomings in the work (service) performed, has the right to demand his choice:
- immediate and free correction of detected deficiencies in the work performed (service performed);
- proportionately reduce the cost of improperly completed work (service performed);
- make another item for free from similar material of similar quality or redo poorly done work. In this case, the consumer has the obligation to return the item previously received from the contractor, made to order.
- return all funds that he spent in eliminating the defects of improperly performed work (service performed) on his own or with the involvement of third parties.
How to file an application to court for the return of goods
The statement of claim for the return of goods consists of several parts.
In the header of the document you should indicate:
- name and address of the court;
- information about the plaintiff (full name, address);
- information about the defendant (full name, address);
- claim price.
Next comes the descriptive part. Here the essential circumstances of the case are set out: what product was purchased, when and where. You also need to talk about the measures taken to resolve disputes out of court.
Now you can move on to the motivational part. In it, the plaintiff must clearly explain why the court should satisfy his demands. For example: “In accordance with Art. 18 of Law No. 2300-1, a consumer to whom a product of inadequate quality was sold, if this was not agreed by the seller, has the right to refuse to execute the sales contract and demand a refund of the amount of money paid for the product.”
In the operative (petition) part it is necessary to set out the requirements for the defendant. They must be formulated clearly and specifically. Options like “Please look into the situation” will not work. The demand should look something like this: “I ask you to recover from the defendant the money paid for the goods and a penalty for violating the terms for returning the money for the goods.”
The application can include claims for compensation for losses and moral damages, also having previously substantiated them.
In the list of attachments, you can indicate a cash receipt or sales receipt, and any other documents related to the case. The more evidence collected, the better. The plaintiff must sign the prepared statement of claim for the return of the goods and indicate the date of its preparation.
It should be taken into account that a well-formed claim is one of the main factors influencing the decision of the judicial authorities based on the results of consideration of the document. The plaintiff can draw up a document on his own, but to competently draw up a statement of claim for the return of goods, you can hire a lawyer. Lawyers are usually well acquainted with the intricacies of entering data into a statement of claim, ensuring that the document will be completed without errors.
Statement of claim for a refund for goods of proper quality
Magistrate for judicial district No. ____ Odintsovo City Court, Moscow Region
Plaintiff: ______________________________ Address: ________________________________
Defendant: ____________________________ Address: ________________________________
STATEMENT OF CLAIM for recovery by the consumer of the amount paid for goods of inadequate quality, compensation for losses caused to him, collection of penalties, compensation for moral damage
____________, between me and the seller of individual entrepreneur _____________, a retail purchase and sale agreement for furniture based on samples No. ____ was concluded, according to which I, as a buyer, ordered and paid for a set of furniture (cabinet furniture kitchen-plastic), and individual entrepreneur _____________, as a Seller, must was to transfer this furniture into my ownership (a copy of the agreement is attached). In accordance with the terms of the agreement, the final amount of money that I had to pay was ________ rubles. This amount, in accordance with the payment terms stipulated by the agreement, was paid by me in two installments. ___________, the furniture was delivered to me at the agreed address: _______________________________. The cost of delivery and assembly was __________ rubles. When assembling the furniture, it turned out that: - the bar counter turned out to be wider and did not correspond to the agreed dimensions; — the plastic kitchen itself does not fit in size (it turned out to be larger). As a result, during assembly, the furniture assemblers sawed off the corner cabinet. After this it was impossible to join the shelf. In addition, the lower protective strips were not secured, which is why the shelves constantly fall. On the same day (_________) I filed a claim with the seller, since it was not possible to use the transferred goods in this form. However, negotiations with the seller did not produce results. As a result of calls and personal meetings, only promises were received to fix everything in the very near future. After the next such negotiations, the following was decided: I will re-order the goods (item 500, 3 drawers (2m+18) metabox, oven drawer, countertop, wall plinth, plinth, drying Russia 600), and upon their delivery, the shortcomings of the transferred will also be eliminated _________ set of furniture. The additional order was made by me on _________ (a copy of the agreement No. ____ of the additional order to No. ____ is attached). However, after the delivery of the proven items, the assemblers, having begun work to eliminate the shortcomings of the supplied furniture and install new ones, further destroyed the kitchen. In this regard, I invited an individual entrepreneur ____________ As a result of the meeting with ______________ __________, an agreement was reached that ______________ would agree with the manufacturer on the manufacture of furniture to size and ___________ would notify me when all the shortcomings would be corrected . However, _______________ never got in touch. Thus, there are violations of my rights as a consumer. So, according to Art. 4 of the Law “On Protection of Consumer Rights”, the seller is obliged to transfer to the consumer a product whose quality complies with the contract. If there are no conditions in the contract regarding the quality of the goods, the seller is obliged to transfer to the consumer goods that meet the usual requirements and are suitable for the purposes for which goods of this kind are usually used. If the seller, when concluding the contract, was informed by the consumer about the specific purposes for purchasing the goods, the seller is obliged to transfer to the consumer the goods suitable for use in accordance with these purposes. So, before delivery, all the dimensions of my kitchen were taken so that the set of furniture delivered to me would fit exactly my kitchen. Taking into account these provisions, a set of furniture should have been delivered to me in accordance with the size of my kitchen, which was not done, and therefore the condition on the quality of the goods was violated. In accordance with Art. 18 of the Law “On the Protection of Consumer Rights”, the consumer, in the event of detection of defects in the product, if they were not specified by the seller, has the right, at his own discretion: to demand a replacement with a product of the same brand (same model and (or) article); demand replacement with the same product of another brand (model, article) with a corresponding recalculation of the purchase price; demand a proportionate reduction in the purchase price; demand immediate free elimination of defects in the goods or reimbursement of costs for their correction by the consumer or a third party; refuse to fulfill the purchase and sale agreement and demand a refund of the amount paid for the goods. At the request of the seller and at his expense, the consumer must return the defective product. After identifying the fact of deficiencies in the transferred goods, I repeatedly stated my demand for their elimination free of charge. According to Art. 20 of this Law, if the period for eliminating defects in the goods is not determined in writing by agreement of the parties, these defects must be eliminated by the seller immediately, that is, within the minimum period objectively necessary to eliminate them, taking into account the usually used method. In this case, the period for eliminating defects in the goods, determined in writing by agreement of the parties, cannot exceed forty-five days. Thus, the latest date when the defects of the goods should have been eliminated is ____________. However, my legal demands have not yet been satisfied. Also according to Art. 18 of the Law “On Protection of Consumer Rights”, the consumer also has the right to demand full compensation for losses caused to him as a result of the sale of goods of inadequate quality. According to Art. 19 of this Law, the consumer has the right to present the requirements provided for in Article 18 of this Law to the seller regarding defects in the goods if they are discovered during the warranty period or expiration date. In relation to goods for which warranty periods or expiration dates have not been established, the consumer has the right to make these demands if defects in the goods are discovered within a reasonable time, but within two years from the date of their transfer to the consumer, unless longer periods are established by law or contract.
According to Art. 23 of the Law “On the Protection of Consumer Rights”, in case of failure to comply with the consumer’s requirements within the specified time frame, the consumer has the right, at his choice, to present other requirements established by Article 18 of this Law. Moreover, taking into account the fact that, according to 135 of the Civil Code of the Russian Federation, a thing intended to serve another, main thing and connected with it by a general purpose (accessory), follows the fate of the main thing, unless otherwise provided by the contract. In accordance with the content of Art. 135 of the Civil Code of the Russian Federation, the goods transferred to me as a re-order are part of the plastic kitchen transferred to me. Thus, I have the right, along with the demand for a refund for the plastic kitchen, to also demand a refund for the goods additionally ordered for it.
Due to the sale of goods to me of inadequate quality, violation of my rights and ignorance of my legal requirements, I was forced to seek legal assistance to restore my violated rights. The cost of legal services for me amounted to ________ rubles. These expenses are losses for me, since I incurred them in connection with the restoration of my violated rights. In addition, according to Art. 23 of the Law “On the Protection of Consumer Rights”, for violation of deadlines for fulfilling consumer requirements, the seller pays the consumer a penalty (penalty) in the amount of one percent of the price of the goods for each day of delay. As of __________, the violation of the deadline for fulfilling my requirements in relation to the product (plastic kitchen) was 269 days, in relation to the back-ordered product – 58 days. At the same time, the cost of the goods (plastic kitchen) together with delivery amounted to __________ rubles, and the cost of the additionally ordered goods together with delivery amounted to __________. The penalty for ____________ is ___________ rubles. Taking into account the fact that my demands for voluntary, free elimination of defects in the goods by the seller were not fulfilled on __________, I sent the Seller a written claim demanding: - return of the amount paid for the goods; — full compensation for losses caused to me as a result of the sale of goods of inadequate quality; — payment of a penalty to me in the amount of ___________ rubles. My demands have still not been fulfilled by the seller. Also, due to the violation of my rights, I suffered moral harm, which was expressed in moral suffering due to the fact that for several months I could not properly use the kitchen in which I had invested a significant amount of money. I collected money for this kitchen for a long time, and after such neglect of me by the defendant, every day I recalled these circumstances with bitterness.
In connection with the above, on the basis of Art. Art. 4, 15, 18, 19, 20, 23 of the Law “On Protection of Consumer Rights”, guided by Art. 3, 132,133 Code of Civil Procedure of the Russian Federation I ASK: 1) to recover from the defendant the cost of the goods along with the cost of delivery and assembly in the amount of _________ rubles; 2) recover damages from the defendant in the amount of the cost of paid legal services - __________ rubles; 3) collect from the defendant a penalty in the amount of __________ rubles. 4) Oblige the defendant to compensate me for moral damages in the amount of ____________ rubles.
consider the circumstances of the seller’s work and take measures to restore legality; 2) resolve the issue of liability of persons guilty of violating the law. Appendix: 1. Copy of purchase and sale agreements. 2. Copies of documents confirming payment for the furniture supplied to me. 3. A copy of the contract for the provision of legal services with payment documents.
_____________________
_______________ " " ___________________ G.
Consumer requirements in the document
A claim prepared by a consumer in its pleading part may contain the following conditions put forward to the defendant (in accordance with Article 18 of the Law “On Protection of Consumer Rights”):
- replace the product, if it turns out to be of poor quality, with another with similar or similar properties;
- reduce the purchase price of the purchased item in the amount corresponding to the defect;
- completely eliminate any defects in the product;
- cancel the completed transaction KP - actions provide for a full refund of the amount paid by the buyer for low-quality goods.
When a situation being considered in court concerns the issue of poor-quality service provided, then, based on Article 29 of the PPA, you can demand from the defendant:
- Completely eliminate the defects of the poor-quality service provided, with payment for it by the defendant.
- Reduce the price quoted for poorly performed work.
- To produce a similar item free of charge at his expense, or to provide the same service again, with full reimbursement of the amount spent on eliminating the defects.
In addition, if the client believes that in addition to material damage, he has also suffered moral damage, he can demand compensation for it, as well as claim payment by the violator of a fine due to the refusal to voluntarily eliminate the deficiencies.
