Complaint against the Megafon company - where to write and how to properly file a complaint

Many users often have a question about how to file a claim with the Megafon operator. There could be many reasons for this. Communication failures for the company are not uncommon. And of course, there are subscribers who have something to complain about. In this article we will look at what a complaint against Megafon is and how to most correctly submit it. We will also figure out what specific reasons this can be done.

Grounds for filing a complaint

The document regulating the relationship between the subscriber and the mobile operator Megafon is an agreement for the provision of communication services. It states:

• Megafon's responsibilities as a service provider;
• financial liability of the parties;
• conflict resolution procedure;
• penalties imposed for failure to fulfill the obligations of the parties.

Reasons for filing complaints against Megafon may include:

• improper debiting of funds when services were not actually provided;
• connection of paid services without the subscriber’s knowledge;
• changing the tariff to a more expensive one without prior notice and without the client’s consent;
• errors when debiting funds or crediting fees to the account;
• ignoring verbal requests from the client;
• rudeness and inappropriate behavior of company employees - from salespeople in showrooms to call center operators;
• incorrect information about Megafon products, services and tariffs , as well as imposition of unnecessary options;
• poor connection quality.

Most often, it is easier to solve the problem on the spot by contacting the nearest Megafon store or calling the hotline. For example, in the absence of normal communication or when it takes a long time to credit funds to the account. But if the situation is non-standard, then only an official complaint can resolve it.

Where to send a complaint

Complaints regarding the services provided by the operator can be sent to the following organizations:

• Megaphone. Problems related to the quality of service and unjustified debiting of money from the account are best resolved directly with the company. As a rule, when it is established that the operator or specific employees are responsible, Megafon reimburses the subscriber’s expenses and takes measures to ensure that the problem does not recur.
• Roskomnadzor, Rospotrebnadzor, FAS. These supervisory authorities should be involved if the violation is of an administrative or criminal nature. For example, the fact of theft of money from a subscriber’s account has been established, or changes in the tariff plan violate the antimonopoly legislation of the Russian Federation.
• Prosecutor's office. Usually involved in situations where other authorities are inactive or delay in providing feedback on previous complaints. You can attach copies of messages that were sent earlier to your request. This will help speed up the process of finding those responsible and taking action to correct the problem.

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How to file a complaint on the Megafon website

The fastest and most effective way to solve the problem is to leave a complaint on the Megafon website. It has the same status as a written request, but the speed of response to a complaint online is much higher.

A cellular operator client has two options. The first is standard, through the feedback form. To do this you need:

• go to the official Megafon website;
• Click on the menu item “Help and Maintenance”;

• go to the “Contact us” section;

• select the option “Write a letter”;
• in the “Subject of the appeal” column, select “Letter” , in the next column leave “Mobile communication services”;
• in the main column write the word “Claim” , and then state the essence of your complaint;
• attach a file with the necessary evidence , for example, screenshots or a receipt (note that the file cannot exceed 7 MB);
• indicate your contact information , including Megafon phone number or personal account number;

• confirm that you have read the privacy policy and processing of requests to Megafon.

Then all you have to do is click on “Send”.

Don't forget to save the case number that will appear on the screen. If you want to know the status of your complaint, you will need to provide its number to the call center operator.

The second option is to formulate an appeal to the general director of the company A. Bulygin. This is also done through the “Contact us” section, but you need to select “Contact the director”. Here, to send a complaint, you need to provide the same information as in the previous algorithm.

If you wish, you can send a complaint in both ways - the likelihood that it will be noticed will be much higher.

Sample claim to telecom operator MegaFon OJSC

How to write an application to Megafon for a refund? Let's figure it out, read a sample letter of claim to a telecom operator:

Branch of OJSC MegaFon

st. Malysheva, 122, Ekaterinburg, 620078

from ______________________

Address:

Claim

to the telecom operator for a refund

Between _____________ and MegaFon OJSC an agreement was concluded for the provision of cellular radiotelephone communication network services No.______________ with the provision of a subscriber number: +7 (922)…

In the period from July 24, 2012 to August 2, 2012, A.V. was on vacation in the United Slave Emirates. Before leaving for the UAE A.V. personally contacted the office of MegaFon OJSC (hereinafter referred to as the “Operator”) with a notification of her upcoming departure outside the Russian Federation, as well as with a request to select and connect the most profitable tariff plan in order to minimize the cost of paying for mobile communication services, which may be provided by the Operator during A.V.’s stay. Abroad.

During his entire stay in the UAE, A.V. used the Operator’s communication services, making several calls and sending several SMS messages, for a total of 1,088 rubles, according to the details of the transactions performed by the subscriber.

GPRS services during stay outside the Russian Federation A.V. I didn’t use it, knowing about the high cost of Internet traffic in the international roaming zone. Upon arrival in the UAE, A.V. turned off the 3G option on her mobile device to exclude the possibility of accessing the Internet.

According to the details of the operations, the Internet connection occurred continuously 24 hours a day. As a result, A.V. upon arrival in the Russian Federation, a debt arose for consumed Internet traffic in the amount of 56,148 rubles. Moreover, A.V. believes that the contract applies an advance payment system for communication services, and the provision of services on credit is not allowed without prior consent through the direct expression of the will of the cellular subscriber.

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We believe that the issuance of an invoice for 56,148 rubles by the Telecom Operator is illegal and unreasonable due to the following circumstances:

1. A.V. During my entire stay in the UAE, I used my phone exclusively to make a few calls and send a few SMS messages. On the Internet A.V. I didn’t go abroad and didn’t use my phone for these purposes either. Accordingly, she did not use this service of the cellular operator.

A contract for the provision of cellular communication services is, by its legal nature, a contract for the provision of services for a fee. Article 781 of the Civil Code of the Russian Federation provides for the customer’s obligation to pay for the services provided to him within the time frame and in the manner specified in the contract for the provision of cellular communication services. Considering the fact that A.V. did not access the Internet, then, accordingly, the service was not provided by the cellular operator, and the subscriber did not have an obligation to pay for it.

1. According to the “Terms of provision of long-distance and international communication services” of MegaFon OJSC, posted on the Internet on the official website of MegaFon OJSC, the “disconnection threshold” means the minimum acceptable level of the balance of the User’s Personal Account at which MegaFon provides Communication Services, and upon reaching which MegaFon has the right to suspend the provision of Communication Services to the User. The shutdown threshold is indicated in the Tariff Plan.

Since A.V. contacted the office of MegaFon OJSC with a request to select a suitable tariff plan, the Operator had to take all necessary measures to minimize the Subscriber’s costs for communication services abroad, including by establishing a “disconnection threshold”, as well as by taking measures to provide timely notification and notifying the Subscriber about the lack of funds or the presence of a minimum allowable balance of funds in the Subscriber’s account.

The procedure, terms, form of payment, payment system for mobile communication services are essential (clause 20 of the Decree of the Government of the Russian Federation of May 25, 2005 No. 328 “On approval of the rules for the provision of mobile communication services”).

1. Moreover, A.V. was not properly notified that after the funds in the Subscriber’s account ran out, communication services were provided by the Operator “on credit”.

The subscriber was not aware of the provision of services on credit and the size of the credit limit, and the necessary information was not provided in accordance with Art. 10 of the Law of the Russian Federation “On the Protection of Consumer Rights”.

In accordance with clause 1 of Article 10 of the Law of the Russian Federation dated 02/07/1992 No. 2300-1 “On the Protection of Consumer Rights,” the manufacturer (performer, seller) is obliged to promptly provide the consumer with the necessary and reliable information about goods (works, services), ensuring the possibility of their the right choice.

According to clause 2 of Article 16 of the Law of the Russian Federation dated 02/07/1992 No. 2300-1, it is prohibited to condition the purchase of some goods (work, services) on the mandatory purchase of other goods (work, services), to which the subscriber includes the provision by the Operator of the opportunity to use cellular services without acceptance connections on credit.

1. According to the data available to the mobile operator MegaFon, the Internet connection occurred over long periods of time - almost within 24 hours over several days. At A.V. there was no physical and actual possibility of being on the Internet for a long time.
2. The actions of MegaFon OJSC give every reason to believe that the Operator acted solely in its own interests in order to extract material benefits, knowing at the same time that the cost of international communication services significantly exceeds the cost of local communication services.

In accordance with paragraph 1 of Article 10 of the Civil Code of the Russian Federation, actions of citizens and legal entities carried out solely with the intention of causing harm to another person, as well as abuse of rights in other forms, are not allowed.

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Clause 49 of the Government of the Russian Federation of May 25, 2005 No. 328 establishes that the subscriber has the right to appeal the decisions and actions (inaction) of the telecom operator related to the provision of mobile communication services.

If the telecom operator fails to fulfill or improperly fulfills its obligations to provide mobile communication services, the subscriber, before going to court, submits a claim to the telecom operator (clause 52 of the Decree of the Government of the Russian Federation of May 25, 2005 No. 328). According to paragraphs. “b” clause 27 of the Decree of the Government of the Russian Federation of May 25, 2005 No. 328, the subscriber has the right to demand a recalculation of the subscription fee up to a full refund of the amounts paid for mobile communication services, in connection with the failure to provide services through no fault of the subscriber or the provision of their inadequate quality.

The Subscriber also has the right to refuse to pay for mobile communication services provided to him without agreement and not provided for in the contract.

We really hope for a peaceful resolution to our conflict, without going to court. It is possible that during the negotiations we will also be able to find some other acceptable solution to the problem.

Guided by the legislation of the Russian Federation on the protection of consumer rights, Decree of the Government of the Russian Federation dated May 25, 2005 No. 328 “On approval of the rules for the provision of mobile communication services”, Federal Law dated July 7, 2003 No. 126-FZ “On Communications”:

ASK:

Consider this claim within the time limits established by the legislation of the Russian Federation, recalculate the previously issued invoice for using the Internet on the territory of a foreign state, return the written-off funds for the disputed account and provide a written response.

Provide data on charges associated with the subscriber’s access to the Internet in order to confirm charges, namely:

• IP addresses of pages visited;
• URLs;
• data on the volumes of each traffic packet;
• data on the time and date of each fact of access to the Internet.

We thank you in advance for your time, we look forward to long-term and fruitful cooperation.

Consider the favorable conditions for filing a claim from our professionals using the link.

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Author of the article:
© lawyer, managing partner of the law firm “Katsailidi and Partners”

A.V. Katsaylidi

How to write a letter of claim

To file a complaint, you must indicate:

• circumstances in which problems arose , for example, you transferred money to your account, but it did not arrive, or the tariff was switched without your knowledge;
• a clause of the contract that was violated by the company’s employees;
• your actions that you took , for example, contacting the hotline, but they did not help you;
• the amount of funds that Megafon must compensate;
• the time frame within which you must be given an answer , as well as pay the money.

You can also indicate that if there is no response, you will be forced to go to court and additionally collect a penalty.

The complaint will need to be accompanied by:

• scan of your passport (front side turned);
• scan of the contract indicating mobile communication services;
• a check or payment order or screenshot of evidence of the violation;
• audio transcript of a conversation with an employee;
• video recording of the violation , etc.

You can also attach a document from the bank indicating the details of your current account where the money needs to be transferred, and the calculation of the penalty.

The complaint itself is drawn up in free form; the header indicating the information of the applicant and addressee does not need to be filled out - this information will already be contained in the body of the letter. An example of how to file a complaint to Megafon can be found at the link.

Once you have submitted an online complaint, you no longer need to submit a written complaint.

Making a claim

The Megafon company has a large number of clients who are consumers of its services. The more consumers a company has, the worse the quality of the services provided, as specified in the contract. Therefore, people increasingly have a reason to complain about Megafon.

1. Write a complaint to the official Megafon page.
2. Personally visit the nearest company office and submit a claim.
3. Contact Rospotrebnadzor.
4. A complaint about Megafon can be sent to Roskomnadzor.
5. The prosecutor's office will also accept a complaint against Megafon from a dissatisfied person.
6. If the case does not get off the ground, then you can file an application with the court.

It became clear where to complain, now let’s look at the algorithm of actions.

The most popular way to contact Megafon is on its official website on the Internet. It has a special option.

First, you need to log into the cellular company’s website and mark your region.

Secondly, at the bottom of the window that opens, find the line “Contact Megafon”. Then click on the line “Write a letter”.

• indicate the subject of the letter;
• make a claim, which is written in free form, in a business style; threats and insults are not allowed;
• attach a file with existing documents;
• enter a phone number;
• enter the full name of the number holder;
• email of the claim maker;
• his phone;
• enter your full name;
• confirm the information provided;
• copy the code from the picture that appears;
• to send a letter.

There is a toll-free number that you can call and voice your complaints against the company: 8–800-550-05-00.

How to write a complaint in writing?

1. In the upper right corner of the sheet, the header of the application is written, which contains the name of the megaphone department to which it will be sent, the name of the compiler, his address and telephone number.
2. Then “Claim” is written in the middle of the sheet.
3. Then, in a businesslike, strict style, the problem faced by the consumer is described.
4. At the bottom of the document is the signature and date.

Deadline for responding to a complaint

In accordance with the law, a response to a letter must be received within 10 days. No more than 30 days are allotted to directly respond to the complaint (i.e., in fact, to issue a refund).

If Megafon does not respond within the specified period, then you have the right to charge a penalty in the amount of 1/300 of the current refinancing rate for each day of delay until the date of return of funds.

If the essence of the complaint was intangible, then it is possible to recover compensation from the company in court for moral damages and legal costs.

For the sake of objectivity, it is worth noting that most often Megafon responds to complaints on time in order to avoid litigation. And it’s not always worth suing over a conditional 100 rubles.

Arbitrage practice

Courts quite often take the side of Megafon subscribers when resolving disputes regarding the protection of consumer rights. Interesting examples from judicial practice include:

1. The plaintiff connected a tariff, according to the terms of which it was possible to make unlimited calls to Megafon subscribers for 9 rubles per day. However, after some time the SIM card was blocked, explaining that the subscriber was “calling too much.” By appeal ruling dated July 5, 2012 in case No. 33-6750, it was decided to recover compensation for moral damages and reimbursement of legal expenses from Megafon OJSC.
2. By decision of February 13, 2019, in case No. 2-273/2019, PJSC Megafon was awarded compensation for moral damages and a fine for unjustified debiting of funds from the account for services that were not provided.
3. In the absence of the subscriber's consent, the cellular operator was replaced and the service of the previously existing subscriber number was terminated. By decision of August 22, 2018, in case No. 2-1793/2018, compensation for moral damage and a consumer fine were collected.