Filing a claim for consumer protection in the absence of registration at the place of residence or stay

Every day a person acts as a buyer of all kinds of services and goods: when shopping in a store, traveling on buses, minibuses, shoe repair, or going to a car service center. If a particular service/product is provided efficiently and on time, it does not raise any questions. However, there are situations that require the protection of one’s rights as a client, and if it is not possible to resolve the existing problems peacefully, one has to seek help from the court. It is first necessary to study the consumer's instructions in detail and carefully, because when applying to the judicial authorities, many vicissitudes may arise that prevent this process from ending successfully for the plaintiff.

Pre-trial settlement before a lawsuit in court for the protection of consumer rights

It is worth noting that a claim under the consumer protection law is considered a last resort in the fight for one’s rights. Before going to court with such a claim, it is worth trying to resolve the problem amicably.

An example would be purchasing a washing machine. Today, all such products are issued with warranty cards valid for a certain period of time. If during this time your machine breaks down, you should contact the seller, who is obliged to find out the cause of the breakdown and compliance with the terms of the warranty. If after inspection a manufacturing defect is discovered, the seller must either repair the product or provide a new one.

If such negotiations are unsuccessful and the seller refuses to fulfill the terms of the guarantee, then you can safely go to court.

How to file a claim for consumer protection?

What is important not to miss when filing a claim for consumer protection:

1. Contents of the claim. In the statement, you and I must fully outline the entire course of events that provoked you to appeal to the judicial authorities.
2. Appendix to the statement of claim. Moreover, the claim itself cannot be groundless. Copies of all available checks, guarantees, and statements must be attached to it. The issue of jurisdiction of claims for consumer protection plays an important role in this situation. Since if the jurisdiction is determined incorrectly, then his case will remain without consideration.
3. State duty. Also, filing claims always entails certain financial costs. If the claim is over a million, then in this case a state duty is charged on claims for the protection of consumer rights. It has a fixed size according to the law.
4. Penalty. There is such a thing as a penalty for consumer protection claims. Its size is specified in the claim. A penalty is charged if the supplier fails to fulfill its obligations.
5. Court expenses. All expenses for filing a claim and consulting with a lawyer are included in the requirements. These are legal costs, which, along with the costs of paying fees and conducting examinations, are recovered from the defendant if the case is won.
6. Fine. Do not forget to include in your claim a demand for a fine in favor of the consumer for violation by the seller or provider of services provided.
7. Cost of a lawsuit. When drawing up an application, the price of the claim for consumer protection must be indicated.

USEFUL: watch the VIDEO on the topic of how to draw up a statement of claim and ask your question to a lawyer in the comments to the video on the YouTube channel

How to write a claim for a refund for a product?

The statement of claim must be submitted in writing. At least three copies of documents (the claim and supporting papers) are submitted to the court office - one set for each side of the case.

In order for the claim to be successfully considered by a judge, it is important to indicate in its text:

• passport details of the plaintiff and defendant;
• details of the court authorized to consider the case;
• personal data of third parties (for example, witnesses of the purchase);
• the essence of the offense;
• the stated demand for termination of the contract with the defendant and recovery from him of the purchase price, penalties, fines and damage caused by the refusal to pay compensation;
• circumstances confirming the consumer’s position;
• cost of claim;
• information on compliance with the claim procedure for conflict resolution;
• list of documents attached to the claim;
• date of registration of the application;
• plaintiff's signature.

You can independently draw up a statement of claim for a refund of money for a defective product using the sample presented on the website for review, or seek qualified assistance from lawyers. A specialist will not only competently file the claim you need, but will also protect your interests in court.

If necessary, download a standard template for a consumer protection claim.

What can you ask for in a lawsuit?

At the discretion of the applicant in a claim under the consumer protection law, the main requirement may be one of the following:

1. Replacement of goods with a similar one
2. Replacing a product with a product of a different model
3. Product price reduction
4. Eliminate defects in the product at the expense of the seller
5. Refund of the entire amount paid under the contract
6. In addition, the law additionally allows you to state the following:
7. Recovery of moral damages
8. Penalties
9. Fine
10. Losses (real or lost profits)
11. Legal expenses (costs for a lawyer, appraiser, expert)

Compliance with the claim procedure before going to court

Filing a claim in court is an effective way to achieve justice and recover from a dishonest seller not only the cost of the goods, but also material and moral damage. However, before contacting a government agency, it is important to follow the claim procedure for resolving a dispute.

We are talking about filing a written claim for a refund for a defective product. The buyer must provide the seller with two copies of this application.

On one of them, the official puts the date of receipt of the documents, his signature and the seal of the organization (if the seller is an individual entrepreneur who does not have a seal, its stamp is not required).

You can view a sample claim for a refund for a product of inadequate quality here on the website.

Russian legislation does not impose strict requirements on the application form, so the consumer should not have any difficulties with its independent preparation.

The seller must respond to this complaint within ten days. During the same period, it is necessary to pay the cost of the defective goods if the stated claims are justified.

Has this deadline passed? The store refused to satisfy your requirements? According to the Law “On the Protection of Consumer Rights”, it is possible to obtain a refund for a low-quality product by force.

Where to file a claim for consumer protection?

A claim for consumer protection can be filed:

• to the court at the place of residence of the plaintiff-consumer
• at the legal address of the defendant.

In this case, the right to choose remains exclusively with the consumer himself.

Depending on the size of the requirements:

• Justice of the peace - up to 50,000 rubles.
• Federal District Court - over 50,000 rubles.

The amount of the demands does not include moral damages and a 50 percent fine.

Defense of the seller in a claim for consumer protection

Today, the situation is becoming quite urgent, namely when conscientious sellers become victims of consumer extremism. This may manifest itself, for example, in cases where the seller/buyer makes unreasonable demands on the seller regarding their purchase.

Such consumer negativity can be expressed in the form of filing unfounded complaints, as a result of which state authorities. authorities begin to initiate unscheduled inspections, filing statements with the police regarding fraud, or even going to court. The current legislation is quite consumer friendly and provides for numerous sanctions against sellers.

If unfounded announcements are made against you, it is necessary to include a defensive reaction from the very beginning of receiving complaints. Let's consider seller protection options:

Protection of the seller during pre-trial work

If you receive a complaint or claim from a buyer, it is certainly necessary to give a reasoned response. The period for responding to such a claim will be 10 days for you. By responding in a timely manner and notifying the buyer about this, your company can avoid litigation. The response itself must be motivated and contain arguments and references to legislation under which consumer claims are subject to rejection.

You should not ignore the preparation of these answers, since the outcome of the judicial consideration of the dispute may depend on them. If in your actions you nevertheless see any violation of the buyer’s requirements, in this case you can offer to resolve the issue amicably by drawing up agreements to resolve disagreements. Be sure to save all concluded agreements and responses to claims with receipts for their dispatch for the purpose of subsequent review of them in court if the consumer nevertheless decides to apply there.

Protection of the seller in a legal dispute

If the situation has gone far and you have received a claim from your buyer, you should take the following actions:

1. Analyze the buyer’s requirements set out in the statement of claim in a systematic analysis with the circumstances to which he refers;
2. Determine your organization’s defense position;
3. Prepare written objections for the court indicating your position and regulatory justification;
4. During the consideration of the case, justify your position to the court and provide evidence;
5. If the buyer's statement of claim states a penalty, tell the court to reduce it on the basis of disproportionality. You can also ask the court to completely refuse to satisfy the request for a penalty based on the lack of guilt in your actions. This, for example, is possible if the buyer did not contact you with a pre-trial claim, and, therefore, you could not know about the violation of his rights;
6. If you turned to lawyers for legal assistance, when considering a dispute, you can claim the recovery of legal expenses incurred by you to provide such assistance to specialists.

What documents are included with the claim?

What cannot be carried on a plane in luggage -. Search and check of baggage at the airport - .

Rules for transporting animals on an airplane.

According to the provisions of the Law, when returning money for a low-quality product through a claim dispute resolution procedure, the consumer does not need to present a receipt or other document confirming the fact of the purchase in the store.

If we are talking about a statement of claim, the plaintiff undertakes to provide to the court all kinds of papers that can certify the existence of a contractual relationship with the defendant.

In addition, the consumer must prove the validity of his stated claims using:

• results of independent examination;
• documented testimony;
• calculations of the amount of finance disputed or recovered from the defendant;
• warranty card;
• papers confirming the fact of detection of defects;
• check;
• copies of the pre-trial claim and the store’s response to it (if any);
• other documents relevant to the case.

Sample: statement of claim for a refund for goods of inadequate quality

Kachkanar City Court of the Sverdlovsk Region

Plaintiff: I. Plaintiff's address

Defendant: CJSC Svyaznoy Logistics Legal address: Address of the Defendant

State duty: exempt from payment on the basis

pp. 4 clause 2 and clause 3 art. 333.36 of the Tax Code of the Russian Federation,

as well as paragraph 3 of Art. 17 of the Law of the Russian Federation “On the Protection of Consumer Rights”

STATEMENT OF CLAIM

go to court for a refund for a defective product

On December 30, 2012, I purchased a GSM SONY Xperia Acro S cell phone from the defendant worth 21,990 rubles, which is confirmed by the presence of a receipt and a warranty card. The warranty period is 12 months.

During operation, a defect appeared in the form of a “quiet speaker”. On February 25, 2013, the phone was handed over to Svyaznoy Logistics CJSC for repairs. This circumstance is confirmed by the buyer’s application for repairs dated February 25, 2013, as well as the work completion certificate No. 194789 dated March 18, 2013, stating that the repairs were carried out by Regeneracy RUS LLC, namely mechanical repairs and software changes. But after this repair, the speaker is faulty, which means the fault has not been fixed.

On 04/03/2013, I concluded agreement No. 7/878i-13 for the provision of expert services to check the phone for a defect such as a “quiet speaker”. Based on the results of an expert study dated April 23, 2013, it was found that the declared deficiency does exist. And this malfunction is a manufacturing defect. It follows from this that there is a detected flaw, the phone does not meet the requirements stated in the instruction manual. Signs of violation of operating conditions by me in the form of traces of moisture, unqualified repairs, etc. not available.

I submitted an application dated 05/01/2013 to terminate the sales contract and return the money paid for the phone, as well as for the examination, the response to which was given 10 days from the date of receipt of the claim. The phone was not accepted by the seller. Within 10 days the request was not satisfied. I also filed a claim on May 16, 2013, for which I received a refusal to satisfy the claims.

In accordance with Part 1 of Art. 454 of the Civil Code of the Russian Federation, under a purchase and sale agreement, one party (seller) undertakes to transfer the thing (product) into ownership of the other party (buyer), and the buyer undertakes to accept this product and pay a certain amount of money (price) for it. In accordance with Art. 18 of the Law of the Russian Federation “On the Protection of Consumer Rights” in relation to a technically complex product, the consumer, if defects are discovered in it, has the right to refuse to fulfill the sales contract and demand a refund of the amount paid for such a product or make a demand for its replacement with a product of the same brand (model , article) or for the same product of another brand (model, article) with a corresponding recalculation of the purchase price within fifteen days from the date of transfer of such product to the consumer. After this period, these requirements must be satisfied in one of the following cases:

• detection of a significant defect in the product;
• violation of the deadlines established by this Law for eliminating product defects;
• the impossibility of using the product during each year of the warranty period for a total of more than thirty days due to repeated elimination of its various defects.”

The right to choose the type of requirements that, in accordance with Art. 503 of the Civil Code of the Russian Federation and clause 1 of Art. 18 of the Law of the Russian Federation “On the Protection of Consumer Rights” can be presented to the seller when selling goods of inadequate quality, if its defects were not specified by the seller, belong to the consumer. Expert opinion No. 7/878i-13 dated April 23, 2013 established that “the device’s speaker operates at an abnormally low playback volume. This malfunction is a consequence of a manufacturing defect. Due to the presence of a discovered defect, the smartphone under investigation does not meet the requirements stated in its instruction manual,” therefore, this defect of the phone is significant, and I have the right to demand from the defendant the return of the amount paid for it in the amount of 21,990 rubles.

According to Art. 22 of the Law “On the Protection of Consumer Rights”, consumer demands for a proportionate reduction in the purchase price of goods, reimbursement of costs for correcting defects in goods by the consumer or a third party, return of the amount of money paid for goods, as well as demands for compensation for losses caused to the consumer as a result of the sale of goods of inadequate quality or provision of inappropriate information about the product is subject to satisfaction by the seller (manufacturer, authorized organization or authorized individual entrepreneur, importer) within ten days from the date of presentation of the corresponding demand.

An application for a refund of the amount paid for the phone was submitted on May 1, 2013. Based on Art. 23 of the Law “On Protection of Consumer Rights”: “For violation of the deadlines provided for in Articles 20, 21 and 22 of this Law, as well as for failure to fulfill (delay in fulfillment) the consumer’s requirement to provide him with a similar product for the period of repair (replacement) of a similar product, the seller (manufacturer, authorized organization or an authorized individual entrepreneur, importer), who committed such violations, pays the consumer a penalty (penalty) in the amount of one percent of the price of the goods for each day of delay.” Until now, my demands have not been met by the seller. The price of the goods was 21,990 rubles, therefore, the amount of the penalty as of June 10, 2013 inclusive was 21,990 * 0.01 * 30 days = 6,597 rubles.

I also think that I suffered moral harm: Art. 151 of the Civil Code of the Russian Federation establishes that if a citizen is caused moral harm (physical or moral suffering) by actions that violate his personal non-property rights or encroach on other intangible benefits belonging to the citizen, as well as in other cases provided for by law, the court may impose a monetary obligation on the violator compensation for said damage.

When determining the amount of compensation for moral damage, the court takes into account the degree of guilt of the offender and other circumstances worthy of attention. The court must also take into account the degree of physical and mental suffering associated with the individual characteristics of the person who suffered harm.

In accordance with Art. 15 of the Law “On Protection of Consumer Rights”, moral damage caused to the consumer as a result of violation by the manufacturer (performer, seller, authorized organization or authorized individual entrepreneur, importer) of consumer rights provided for by the laws and legal acts of the Russian Federation regulating relations in the field of consumer rights protection is subject to compensation by the causer of harm in the presence of his fault. The amount of compensation for moral damage is determined by the court and does not depend on the amount of compensation for property damage. In accordance with Art. 1101 of the Civil Code of the Russian Federation: compensation for moral damage is carried out in monetary form, the amount of compensation for moral damage is determined by the court depending on the nature of the physical and moral suffering inflicted on the victim, as well as the degree of guilt of the harm-doer in cases where guilt is the basis for compensation for harm. The nature of physical and moral suffering is assessed by the court, taking into account the actual circumstances in which moral harm was caused and the individual characteristics of the victim.

Moral suffering was expressed in the inability to properly use the purchased phone. Also, constant pre-trial proceedings with the defendant, worries, stress over unsuccessful attempts to reach an agreement with the defendant and return the cost of the purchased goods had a negative impact on my well-being, constant headaches and a depressed mood began. I estimate moral damage at 10,000 rubles.

Regarding legal costs:

According to Art. 98 of the Code of Civil Procedure of the Russian Federation: “The party in whose favor the court decision was made, the court awards the other party to reimburse all legal costs incurred in the case.” Based on the provisions of this norm, I consider it necessary to recover from the defendant the costs of paying for legal services for drawing up a statement of claim in the amount of 2,000 rubles, and the costs of paying the cost of conducting an expert study in the amount of 3,400 rubles.

Fine due to failure to voluntarily comply with consumer requirements:

Based on paragraph 6 of Art. 13 of the Law of the Russian Federation “On the Protection of Consumer Rights”, when the court satisfies the consumer’s requirements established by law, the court collects from the manufacturer (executor, seller, authorized organization or authorized individual entrepreneur, importer) for failure to voluntarily satisfy the consumer’s requirements a fine of fifty percent from the amount awarded by the court in favor of the consumer. Therefore, I believe that in my favor a fine in the amount of 14,293.5 rubles must also be collected from the defendant in connection with his failure to voluntarily fulfill the consumer’s requirements.

Based on the above, guided by Art. Art. 151, 432, 454, 1101 of the Civil Code of the Russian Federation, Art. 18th century 22, art. 23 of the Law of the Russian Federation “On the Protection of Consumer Rights”, paragraph 46 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 28, 2012 N 17 “On the consideration by courts of civil cases in disputes regarding the protection of consumer rights”:

ASK:

1. To recover from Svyaznoy Logistics JSC in my favor funds in the amount of 21,990 rubles in connection with the refusal to fulfill the contract for the sale of goods; 2. To recover from Svyaznoy Logistics JSC in my favor money in the amount of 6,597 rubles as a penalty for the defendant’s failure to comply with legal requirements; 3. To recover from Svyaznoy Logistics JSC in my favor funds in the amount of 14,293.5 rubles as a fine for failure to voluntarily meet consumer requirements; 4. To recover from Svyaznoy Logistics CJSC in my favor funds in the amount of 10,000 rubles as compensation for moral damage; 5. To recover from Svyaznoy Logistics CJSC the costs of conducting an examination in the amount of 3,400 rubles, the costs of paying for legal services for drawing up a statement of claim in the amount of 2,000 rubles.

Date, signature

For legal proceedings, the plaintiff must file a claim with the appropriate authorities. A sample consumer protection claim can be found on the Internet, but it will not individually reflect the nuances of your case. Our organization, as a website for the consumer rights protection society, is ready to defend your interests.

It is often necessary to apply a waiver of the contract due to late delivery, when it is not clear how long to wait for the seller, read which claim is appropriate in this case:

Statement of claim for a refund for defective goods

• Date of transfer of goods. Full name of the seller and full name of the buyer;
• Name of the product, its technical characteristics and features. The name, serial number, color and other features are indicated;
• Description of the defect or defect due to which the product is being returned. This item should be described in detail;
• Confirmation of the warranty case. This means that the defect existed before the purchase of the product, and did not appear as a result of use;
• Requirement. In this case, requirements for the return of money paid for the purchase of goods are indicated;
• Refund for delivery of goods. If the returned item weighs more than 5 kg, then its return delivery must be carried out by the seller. Or the seller must pay for the shipping that was arranged for the buyers. Payment is made exclusively at the request of the buyer on the basis of documents provided by the transport company.
• Document confirming the purchase of goods (check, receipt);
• Warranty card;
• Evidence of product defect. Photographs, expert opinions, etc.;
• Certificate of acceptance and transfer, if the seller accepted the goods;
• If the seller refused to accept the goods - confirmation of the refusal;
• A copy of the claim, which remains in the hands of the buyer;
• Other documents that the buyer considers important and relevant to the case.

In accordance with Art. 22 of the Law, consumer demands for the return of the amount of money paid for the goods, as well as demands for compensation for losses caused to the consumer as a result of the sale of goods of inadequate quality, are subject to satisfaction by the seller (manufacturer, authorized organization or authorized individual entrepreneur, importer) within ten days from the date of presentation of the corresponding demand . Obviously, the illegal actions of the defendant related to the refusal to return the money paid caused me to experience strong negative emotions and experiences for a long time, which was expressed in the prevalence of bad mood, loss of strength, decreased performance, sleep disturbances, increased irritability, because of which the positive emotional background was significantly lost when communicating with family, friends and work colleagues.

Thus, I suffered moral damage, which I estimate at ______ rubles. There are situations when the seller accepts the claim, but refuses to put marks on the second copy. In this case, a note is made on the remaining copy of the claim: “An identical copy of this claim was handed over on such and such a date to the store to such and such an employee, who refused to mark the acceptance of this document.” Below, witnesses must indicate their full name and sign. In this case, the application should be sent by registered mail with acknowledgment of receipt.

The delivery confirmation and the recipient's signature will indicate that the seller has accepted the application. This confirmation serves as a replacement document for the second signed copy that the buyer keeps for himself. Registered letters arrive faster than regular letters, which means there is no risk of not meeting the deadline for sending a claim.

Lawyer for filing a claim in Yekaterinburg

With our help, filing a claim for consumer protection is easy. Every modern person is a consumer. Every day, each of us buys some goods or uses certain services. And everyone wants the quality of products and services to be as required by regulatory documents.

In the event that a low-quality service is provided or a defective product is provided, anyone has the right to return the product to the seller, refuse to pay for the services, or file a claim in court for the protection of consumer rights. Our consumer rights lawyer will help you exercise your rights in full.