Complaint about the service center sample, standard form for drawing up a document, 2021

Poor quality car repairs: the essence of the complaint
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Claim for poor-quality car repairs: features of drafting
Signing procedure

When performing car repair work, a civil law contract is actually concluded between the parties.
In case of non-fulfillment or poor-quality performance of these works, the customer has the right to file a claim with the contractor. This document proposes to resolve the issue without litigation on a voluntary basis. A claim for poor-quality car repair work is not a mandatory document - Articles 453-456 of the Civil Code of the Russian Federation. However, if the contract specifies the claim procedure as mandatory, a claim for poor-quality car repair work must be filed before filing a claim in court. Otherwise, the claim will not be accepted - Article 135 of the Code of Civil Procedure of the Russian Federation. However, it is recommended to file a claim in all cases. This will allow you to resolve the dispute without filing a lawsuit, paying a fee, and will significantly save time.

CLAIM

for poor quality of car repair work

“___”___________ ____ I entered into an agreement with your organization for the repair of a car brand ______________ (state number _________, engine number ___________, body number __________, chassis number ________).

Confirmation of the conclusion of this agreement is receipt No. _______ dated “___”__________ ____ year.

In accordance with the terms of the agreement, I paid the cost of repair work in the amount of _____________ (_______________________) rubles.

Your organization has committed to repair ___________________________________

_____________________________________________________________________________

(indicate in detail which units and parts are to be replaced under the contract and which to be repaired)

However, upon receiving the car, I discovered that the repairs were performed poorly:

____________________________________________________________________________ .

(list all problems and other facts of non-fulfillment of obligations under the contract)

In accordance with Art. 4 of the Law of the Russian Federation “On the Protection of Consumer Rights”, the contractor is obliged to perform the work under the contract with high quality. However, your organization did not do this.

In accordance with Art. 29 of this Law, when discovering deficiencies in the work performed, the consumer has the right, at his own discretion, to demand:

free elimination of deficiencies in the work performed;
a corresponding reduction in the price of the work performed;
free re-performance of work;
reimbursement of expenses incurred by him to eliminate deficiencies in the work performed on his own or by third parties.

Based on the above and in accordance with Articles 4, 29 of the Law of the Russian Federation “On Protection of Consumer Rights”

ASK:

__________________________________________________________________

(select one of the above requirements of Article 29 of the Law of the Russian Federation “On Protection of Consumer Rights”)

within _______ days from receipt of this claim.

If the claim is not satisfied voluntarily, I will be forced to seek protection of my rights in court. In this case, in addition to the requirement specified in the claim, I will file a claim for compensation for moral damage caused by the violation of my rights (Article 15 of the Law of the Russian Federation “On the Protection of Consumer Rights”).

Please provide a response to the claim within _____ days from the date of receipt of this claim.

"___"__________ ____ G. ________________/________________/

(signature)

Download the document “Claim for poor quality of car repair work”

Reasons for filing

What facts are a valid reason for filing a claim? First of all, this:

failure to meet specified deadlines;
poor quality of work;
discrepancy between the amount payable and the specified prices.

Any violation is a legal reason for the following actions by the client:

requirement to carry out repeated repairs;
declare a reduction in the cost of work;
eliminate the remaining faults at the expense of the contractor;
compensate for the damage received;
compensate for the cost of poor-quality repairs at another car service.

Within a month, the car owner can also demand a refund if poor-quality repairs were carried out under the warranty card. Only a high-quality agreement can help in quickly solving problems.

Comments on the document “Claim for poor quality of car repair work”

Reply 0

Catherine

12/02/2015 at 09:28:52

good form of complaint.

Reply 0

Elena

05/29/2016 at 18:44:28

very useful document

Reply 0

Yuri

10/21/2018 at 07:34:22

The content is quite accessible and understandable.

Reply 0

Ivan

03/06/2019 at 08:59:47

Excellent example, thank you Contract Lawyer

Personal message | Reply 0

Paul

Status: Client

08/28/2019 at 12:30:47

I need to download it, but for some reason I can’t....

Reply 0

Guest

11/15/2019 at 11:50:45

thank you, very succinct!

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How to get money back for low quality car repairs

Important! In order for the car owner to return the money spent, as well as compensate for other expenses, it is necessary to follow the algorithm of actions developed by legal practice.

It consists of the following:

Having discovered a defect, immediately report it to the contractor in the person of the manager or owner of the service center,
if the detected defect is not eliminated, you will need to prepare a written complaint,
When drawing up a document, it is better to enlist the support of a professional lawyer or an experienced lawyer. They will provide legal basis for the claim. In addition, you will need a conclusion from an auto technician who will confirm the defect. The expert study is carried out with the participation of a representative of the contractor. If he does not wish to be present, he should have in hand papers confirming proper notification of the date, time and place of the examination,
The examination is carried out on a paid basis, so the cost of the examination is paid by the owner of the vehicle. The receipt or check is saved,
Having received the expert's conclusions, they are included in the text of the claim. A copy of the conclusion is attached,
a written claim is presented to the owner of the service station or service center that repaired the car. If you refuse to receive documents, send them by mail with a list of the contents and a receipt. These papers will serve as evidence that the pre-trial procedure for resolving the dispute has been followed.

Taking into account the postal document flow, you should expect a response to the stated claim in two to three weeks.

How to return a car of poor quality to the seller?

Its content may be:

with positive or negative terminal,
the complaint was simply ignored.

If the outcome is negative, you should prepare documents to go to court. This is the final authority that can put an end to the dispute between the owner of the car and the service center.

What are the violations?

Non-compliance	What does it lead to?	Remedy
No written contract	Removal of responsibility, concealment of income.	Require the agreement to be in writing.
The clauses of the contract contain conditions that restrict the rights of the customer.	Violation of the requirements of Resolution No. 290.	Apply to the court with a statement of claim to recover liability from the performer.
Additional services are imposed on the client or spare parts are sold that are not covered by the contract.	Lack of agreement with the client leads to the recognition of such work as illegal.	Refuse to pay for the listed violations.
High-quality parts or components are replaced with analogues with worse characteristics.	The work performed leads to a deterioration in the performance of the vehicle.	When handing over a car for repairs, draw up a report, and upon receipt, carefully inspect and issue an acceptance certificate.
Work deadlines are violated	Inability to pick up the car at the agreed time.	Demand payment of a penalty (3% for each day) using a statement of claim.

For any refusal by the contractor to correct the situation, a complaint should be filed.

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What to do in case of improper repairs under OSAGO

claims to the insurance company for poor quality repairs free of charge in word format

A number of service stations have contractual legal relations with insurance companies. Therefore, they carry out repairs of vehicles on which a policy has been issued under the MTPL program.

Remember! If a car that has received technical damage as a result of a traffic accident is being repaired, the owner must act as follows:

order a technical examination, which can be entrusted to a similar service station. The main condition is the diagnosis of repair work and the issuance of an appropriate conclusion. It should record the fact of poor quality work,
prepare and send a claim to the insurance company that issued the MTPL policy,
If there is no response within one to one and a half months, or the insurance company does not satisfy the car owner’s demand, it is necessary to prepare documents to go to court.

According to current legislation, the insurance company can pay funds for repairs not to its partner - the service station, but to the owner of the car.

ATTENTION! Look at the completed sample claim to the insurance company for poor quality repairs: