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Rights in case of poor quality door installation
Installing a door is the provision of a service. Poor quality work falls under the rules of Federal Law of the Russian Federation N 2300-1 “On the Protection of Consumer Rights” of February 7, 1992. In 2018, major changes were prepared that did not have time to come into force.
A customer who has received a low-quality service, in our case door installation, has the right to demand that the contractor eliminate all existing deficiencies. The rule is regulated by Article 29 of the Federal Law of the Russian Federation N2300-1 “On the Protection of Consumer Rights”, adopted in 1992.
Important! According to it, the customer takes advantage of the opportunity:
- demand that existing deficiencies be eliminated free of charge;
- reduce the cost of work performed in proportion to existing shortcomings;
- demand compensation for damages to eliminate deficiencies;
- demand that a new item be made if it was damaged during installation - in our case, making a door free of charge.
If the customer wants to receive a new door to replace the damaged one, then he undertakes to transfer the first version with defects to the contractor.
However, you won’t be able to get a new door if you ordered the product from one store and the installation from another company. The only thing you can get is a reduction in the cost of work performed.
If the customer wishes to have the defects eliminated, the contractor undertakes to fulfill the obligations within the appointed time. However, no one releases him from responsibility for violating the installation deadlines. In this case, the customer demands a monetary penalty from the company.
The customer has the right to refuse to fulfill obligations under the contract for the provision of services if the work is performed poorly and demand complete elimination of deficiencies. If the contractor does not want to eliminate the defect, you should make a written complaint addressed to the manager, and also contact the Russian Consumer Supervision.
After the contractor has eliminated the deficiencies, the customer has the right to demand a reduction in the amount payable. If the item cannot be restored, you should demand its complete replacement or compensation for its cost.
Claims are addressed to the company only during the warranty period. If this is not established, then the warranty period is considered to be two years.
There is a five-year warranty period, but it applies to damaged items installed on the property. The door is one of these types.
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Article 29 of the Federal Law “On the Protection of Consumer Rights” states: “If a thing cannot be restored, the consumer has the right to demand:
- reduce the cost of work performed by the amount of existing deficiencies;
- compensate for losses associated with the purchase of a damaged item;
- refuse to fulfill the terms of the contract regarding payment for the services of the performer.”
Note! If you ordered the installation of the door from the same company as the item itself, you can request that it be replaced with a similar one.
Deadline for responding to a written complaint under the consumer protection law.
Read how to calculate the state fee in court here.
How to get your money back for additional service, read the link:
Free legal advice online
The involvement of lawyers in legal disputes is due to the need to fully protect the personal interests of citizens. As practice shows, citizens avoid legal assistance in order to save money, but in practice this is associated with high costs.
Even citizens with a lawyer's education do not always keep up with current changes in legislation, so it would be advisable to consult a qualified specialist. The convenience is that consultation with a lawyer is free and online.
Where and how to get free legal advice? is provided throughout the Russian Federation. Citizens, residents of the state, as well as non-residents of the country who temporarily reside in the Russian Federation can take advantage of the support.
Moreover, lawyers can advise interested parties outside Russia, but only within the framework of domestic legislation. Legal advice is provided free of charge online around the clock, regardless of weekends and holidays.
The response time from specialists on the website is up to 15 minutes. There is no need to register on the Internet portal and you can send a personal appeal anonymously.
Attention! The online lawyer provides answers to questions and continues to support the client in the event of further difficulties.
Legal advice can be obtained in the following ways: use the online chat service; draw up a contact form for the feedback service; call the hotline.
Return of defective installation
Important! Before contacting the company with a claim about a poorly installed door, you must consider a number of conditions:
- how much time has passed since the service was provided or the work was completed;
- is there a warranty for door installation;
- is there a maximum warranty period and when does it end?
- the service life of a thing, in our case a door, and when it ends.
The appeal is considered if no more than fourteen days have passed since the completion of the work. However, if there is a warranty on the installation, you can make a claim for the entire duration of the warranty.
If there is no warranty period for installation, and the item is damaged directly during installation, the service life of the door exists. According to it and the law on consumer protection, the buyer has the right to contact the company within two years from the date of provision of services.
How to return a bad installation within 14 days
Two weeks are given to return the service without any dispute, excluding the time of completion of the work. In total, the buyer is given fifteen days to return the service.
Please note! If the customer discovers significant deficiencies in the work performed, he has the right:
- refuse to fulfill part of the contract for the provision of services in relation to their payment (regulated by Article 18 of the Law on the Protection of Consumer Rights);
- reduce the final amount payable by the cost of the defects (Article 24 of the Consumer Protection Law);
- demand compensation for losses incurred during the elimination of defects, as well as the cost of the door itself (Article 18 of the Consumer Protection Law).
It doesn’t matter what nature the shortcomings are. The customer has the right to demand their removal in any case, even if the workers simply caused a scratch during installation.
The main thing is that the warranty period does not expire. If it is not installed, you should hurry up and return it within fifteen days.
Customer Reviews
Gratitude from Evgeniy N. I express my gratitude to Alexander Viktorovich Pavlyuchenko for the qualified management of my case, competent advice and informed decisions, which led to compensation for all claimed losses.
Sincerely, Evgeniy N., November 17, 2017
Gratitude from Bolotin V.S. I thank Alexander Viktorovich Pavlyuchenko for the work done as part of the investigation into the administrative case. I am especially grateful that almost all activities within the framework of the case were carried out by Alexander personally, without my involvement, which significantly saved my time. I would also like to note the efficiency with which the work was completed. I would like to wish Alexander further success in his professional activities and the successful completion of all current and subsequent cases, restoring justice to his clients.
Bolotin V.S., 02/12/2017
Gratitude from Busygin A.I. I express my gratitude to Vasily Anatolyevich Kavalyauskas for the qualified management of my case, competent advice and justification for the decision, which led to compensation of the stated claims.
Sincerely, Busygin Alexander Ivanovich
26.12.2017
Gratitude from N.S. Khokhlov I am Khokhlov N.S. I express special gratitude to lawyer A.V. Pavlyuchenko who defended my consumer protection rights. I was pleasantly surprised by his professionalism, where he discovered the false address of my defendant registered in the Unified State Register of Legal Entities, and also defended me, as I believe, from the unreasonable decisions of the trial judge. If I need legal assistance in the future, I will only turn to A.V. Pavlyuchenko.
N.S. Khokhlov December 12, 2017
Gratitude from Gordeeva E.S. I express my special gratitude to Sergei Vyacheslavovich for his highly competent and detailed consultation on the issue of the employment contract.
Doctor of Philological Sciences, Gordeeva E.S. 12/01/2018
Letter of thanks
Gratitude from Volkotrub Yuri Vasilyevich Thank you very much for the quality advice on the issue that interests me. With best wishes to Denis Yuryevich Stepanov, who advised me.
Volkotrub Yuri Vasilievich
Letter of gratitude to Ermakov A.V.
Gratitude from Plisetsky V.V. I would like to express my gratitude to Sergei Vyacheslavovich Mavrichev for his sensitive attitude and understanding towards clients. The issue was resolved within one day. I am very grateful to Sergei Vyacheslavovich.
Plisetsky V.V. October 19, 2018
Gratitude from Rusanova N.V. I sincerely thank Konstantin Vladimirovich Ivanov and Sergei Vyacheslavovich Mavrichev for the qualified information assistance provided in a friendly atmosphere of communication, as well as for providing the opportunity to obtain guaranteed legal support in the future.
Rusanova Natalya Viktorovna, Associate Professor of the Department of Russian Language and Literature of St. Petersburg Mining University.
Returning an installation with defects during warranty
Large companies set a warranty period for door installation. If there is none, you should refer to the rules regulated by Federal Law N2300-1 “On the Protection of Consumer Rights” of 1992. This refers to the return of a low-quality item within two years from the date of receipt, if no warranty period has been established.
The customer has the right to demand:
- eliminate deficiencies within the time period specified by the consumer;
- reduce the cost of work performed in proportion to the shortcomings;
- refuse to fulfill the terms of the agreement regarding payment for the service.
Remember! However, when returning during the warranty period, there are a number of important conditions, as described in Article 18 of Federal Law N2300-1 “On the Protection of Consumer Rights” of 1992:
- the defect is significant and interferes with the full use of the item;
- if the contractor violates the deadlines for eliminating defects established by the customer;
- if the door has not been used for a long time, for example, when building a house.
Thus, you can return the service during the warranty period if there are significant deficiencies.
Claim for faulty doors
Contents: The situation is this: I bought interior doors in a store. The door panel is not solid, but a drawstring type. It is made of two racks along the edges and inlaid elements between them.
This entire structure is glued and fastened with long self-tapping screws, 2 on each side, top and bottom, i.e.
only 8 screws. The doors were installed by a third party technician. Less than a month after installation, the doors began to “sag” and catch on the floor covering. After some analysis, it was possible to determine the cause of the sagging - the door leaf began to lose its geometry, i.e. the canvas from a rectangle began to turn into a parallelogram.
I tried to depict it in a picture to make it clearer. I wrote a complaint to the seller with a request to eliminate the defect immediately. No deadlines were agreed upon. I have in my hands a copy of the complaint with his signature.
The seller came to my home with his specialist, saw the problem and agreed with its presence. They dismantled one door, it became obvious that the problem was that the glue did not hold. But in assessing the reason that the glue does not hold, we disagreed, the seller believes that the glue could have stopped holding due to many reasons.
I think that this is a hidden defect, a factory defect. A total of 11 doors were purchased, 7 of them were installed, 4 were not yet installed, in the original packaging.
Problems only with installed ones, with uninstalled ones it’s not clear, because... didn't bother to take it apart. I handed over the uninstalled 4 doors to the seller according to the deed. A week later, the seller returned 4 new doors to me in exchange, having made an action for this
How to return a defective unit after the warranty period has expired
The customer has the right to demand termination of the contract for the provision of services in accordance with Federal Law N2300-1 “On the Protection of Consumer Rights” of 1992.
In this case, he can claim:
- a reduction in the amount payable for work performed commensurate with the cost of the defect;
- the possibility of failure to fulfill its obligations under the service agreement;
- receiving compensation for violation of deadlines for eliminating deficiencies;
- compensation for losses if you eliminate them yourself, including the cost of the door.
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How to make a claim
A claim for improper installation of a door must be made in writing addressed to the head of the installer company.
It is provided:
- within two weeks from the date of completion of work;
- during warranty service or two years, if not installed;
- after the expiration of the warranty period.
Depending on whose fault the defect was caused, the claim is sent to:
- to the company performing the service;
- the manufacturer of the thing;
- the dealer supplying the door;
- a person authorized to accept claims on behalf of the manufacturer or performer.
In Russia there is no single established form of claim.
Important! However, when compiling it, the following information must be reflected:
- the name of the company where the claim is being sent, preferably the full name of the manager;
- information about the sender of the complaint (his last name, first name, patronymic, registration address, contact phone number);
- information about the damaged item (brand, manufacturer, production date);
- date of purchase of the item, its installation;
- the essence of the claim (under what circumstances the defect was discovered);
- method of payment for the service;
- contract number, date of its conclusion;
- list of violations.
In the last paragraph it is necessary to set out the requirements that comply with Russian legislation.
The date of preparation and signature of the person sending the claim are required to be indicated. In addition, it is necessary to reflect a complete list of attached documents.
ATTENTION! View the completed sample claim for poor-quality door installation:
Watch the video. Protection of consumer rights - return of goods, refusal of service:
Complaint about the quality of interior doors
460 lawyers are now on the site. Greetings.
The situation is this: I bought interior doors in a store.
The door panel is not solid, but a drawstring type. It is made of two racks along the edges and inlaid elements between them.
This entire structure is glued and fastened with long self-tapping screws, 2 on each side, top and bottom, i.e. only 8 screws. The doors were installed by a third party technician.
Less than a month after installation, the doors began to “sag” and catch on the floor covering. After some analysis, it was possible to determine the cause of the sagging - the door leaf began to lose its geometry, i.e.
the canvas from a rectangle began to turn into a parallelogram. I tried to depict it in a picture to make it clearer. I wrote a complaint to the seller with a request to eliminate the defect immediately.
No deadlines were agreed upon. I have in my hands a copy of the complaint with his signature. The seller came to my home with his specialist, saw the problem and agreed with its presence. They dismantled one door, it became obvious that the problem was that the glue did not hold.
But in assessing the reason that the glue does not hold, we disagreed, the seller believes that the glue could have stopped holding due to many reasons. I think that this is a hidden defect, a factory defect.
A total of 11 doors were purchased, 7 of them were installed, 4 were not yet installed, in the original packaging. Problems only with installed ones, with uninstalled ones it’s not clear, because... didn't bother to take it apart. I handed over the uninstalled 4 doors to the seller according to the deed.
A week later the seller returned it to me in exchange
Deadlines for document review
There are no deadlines set for the consideration of claims by the organization. The legislation of the Russian Federation does not provide for an exact period for making a decision to refuse or satisfy the buyer’s requirements.
However, from a legal point of view, it is advisable to use the provisions of Federal Law of the Russian Federation N59 “On the procedure for considering citizens’ appeals” of May 2, 2006.
According to it, the organization must make a decision on the claim within thirty days from the date of registration of the appeal.
If within thirty calendar days the company has not sent a response or refused to comply with the customer’s requirements, he has the right to send a written statement to the judicial authority.
Statement of claim to court
Before filing a claim in court, you must try to resolve the conflict yourself. If the company refuses to voluntarily comply with the customer’s demands, a claim should be filed.
Please note! There is no single legal form, but there are requirements that are met when writing it:
- mandatory reflection of the name of the court;
- information about the plaintiff, his last name, first name, patronymic, registration and residence address, contact telephone number;
- last name, first name and patronymic of the defendant or name of the defendant’s organization, its legal address;
- information about violation of consumer rights;
- a list of demands put forward by the plaintiff;
- cost of claim;
- information about pre-trial conflict resolution;
- list of documents attached to the application.
Please note that the application is accompanied by documents that serve as evidence of violation of consumer rights.
State duty when filing a claim
A state fee is a fee in favor of the state for the commission of legally important actions at the initiative of the plaintiff. Its size directly depends on the cost of the claim.
However, the state duty in accordance with the Federal Law of the Russian Federation N2300-1 “On the Protection of Consumer Rights” of 1992 is not paid. The exception is property claims containing amounts of more than one million rubles.
Attention! State duty calculator.
