What is the period for reviewing a complaint and returning money for a product?
What is the period for reviewing a complaint and returning money for a product? There are deadlines within which claims must be satisfied if there is a legal basis for the claim.
According to the consumer protection law:
Refund for goods of good quality - 3 days
Refund for poor quality - 10 days
Exchange of goods with additional quality check - 20 days
Exchange of goods if out of stock - 30 days
Warranty repair period under written agreement is 45 days
Providing replacement during repairs or replacement - 3 days
Dear Irina, I am not clear about my colleague’s position as a whole!
Where did these dates come from?
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The law protecting consumer rights describes possible methods. Another condition for returning a product is that it is completely intact in its original condition.
The selling party has grounds to refuse to accept the goods if they are damaged, look used, or if labels and tags have been cut off. The buyer can challenge the seller’s decision and contact experts.
In this case, the terms for returning money for goods of proper quality according to the examination are determined after the report is submitted.
Procedure and deadlines for refunding personal income tax
Currently, an increasing number of citizens are incurring expenses related to the purchase of housing, treatment, and education. These persons have the right to apply tax deductions for personal income tax (hereinafter - personal income tax). After submitting a tax return in Form 3-NDFL, the question arises: within what period will the tax amount on expenses incurred be returned? The establishment of the fact of excessive payment of personal income tax by a taxpayer is carried out by the tax authority during a desk tax audit of the personal income tax return, the period of which is three months from the date the taxpayer submits the tax return in Form 3-NDFL.
Information on the progress of the desk audit of the submitted tax return, including the date of its completion, is available on the website of the Federal Tax Service of Russia or the Federal Tax Service of Russia for the Tomsk Region in the electronic service “Taxpayer Personal Account for an Individual” in the “3-NDFL” tab.
The amount of overpaid tax is subject to refund (if the result of the desk audit is positive) upon a written application from the taxpayer within one month from the date the tax authority receives such an application.
Please note that the personal income tax refund period begins to be calculated from the day the refund application is submitted, but not earlier than from the completion of the desk tax audit.
The taxpayer submits an application for a refund of the overpayment after confirming the fact of overpayment of personal income tax, i.e. after completion of the desk tax audit.
The electronic service “Taxpayer’s Personal Account for an Individual” allows you to generate an application for a personal income tax refund if the tax authority makes a decision to provide a tax deduction. The application generated in the service is submitted by the taxpayer to the inspectorate in person or sent by registered mail.
The date of receipt of funds to the account specified by the taxpayer in the refund application can also be tracked in the specified service. When the processing status of the personal income tax refund decision is set to “Executed” and the “Execution Date” and “Execution Amount” columns are filled in, the tax refund will be issued.
If an individual is not a user of the electronic service “Taxpayer’s Personal Account for Individuals”, the application form for a refund of overpaid tax can be found on the website of the Federal Tax Service of Russia for the Tomsk Region in the section Individuals – Personal Income Tax – Tax Deductions.
Department of the Federal Tax Service of Russia for the Tomsk Region
Application for refund. Has the claim procedure been followed?
Good afternoon, dear colleagues!
This is the first time I’ve decided to ask a topic for discussion on our social network, so don’t judge too harshly.
So, the case is about consumer protection. The defendant is a well-known OPSOS (cellular operator).
Fable.
The consumer exercised the right to switch from one telecom operator to another. After the transition was completed, there were funds remaining in the consumer’s account. The consumer contacted the OPSOS salon store (in fact it turned out that it was an OPSOS agent) and wrote an application for a refund. The application remained unanswered, and six months later the consumer went to court with a claim to recover funds, interest, and moral damages.
Court of First Instance.
1. Consumer position.
Subparagraph “d” of paragraph 24 of the Rules for the provision of telephone services, approved by Decree of the Government of the Russian Federation of December 9, 2014 N 1342, establishes that the telecom operator is obliged to return to the subscriber the unused balance of funds paid as an advance no later than 30 days from the date of termination of the contract. The Defendant failed to fulfill this obligation. OPSOS did not take any action to repay the debt.
The consumer applied for a refund, but there was no response.
2. Position of the OPSOS.
The consumer did not comply with the mandatory pre-trial claim procedure for resolving the dispute, since the claim was not sent to the OPSOS. Only an application for a refund was sent, which, in turn, did not reach the OPSOS due to the incorrect work of the employees of the OPSOS agent (salon-shop). As a result, the OPSOS was deprived of the opportunity to resolve the dispute out of court.
Determination of the court of first instance.
Leave the consumer's claim without consideration.
Second instance (private complaint).
1. Position of the OPSOS
In the process of considering a private complaint, OPSOS managed to convince the city court that the consumer should have acted according to the following scheme:
A) Submitting an application for a refund; B) Waiting 30 days for a return;
C) Submitting a claim to the OPSOS due to the fact that the requirements for the application are not satisfied.
2. Consumer position.
The rules for the provision of communication services establish that the OPSOS must return the funds on its own; no statements need to be written for this. Since this did not happen, the consumer filed a claim at the store. The consumer was not provided with any other forms other than the “Application for termination of the contract and refund of funds.”
3. Decision of the appellate court.
The ruling of the court of first instance to leave the claim without consideration is canceled on procedural grounds (the consumer was not explained the right, method and time frame for appeal).
Again the first instance.
1. Position of the OPSOS
It was supplemented by the fact that the consumer’s statement of claim was considered as a claim and the requirements were satisfied. (The money is transferred to the consumer after filing a claim).
2. Consumer position.
A new consideration of an issue on which an appeal ruling has already been made is not permissible (clause 52 of the Plenum of June 19, 2012 No. 13).
The decision of the court of first instance.
Refuse to satisfy the claims. Due to the fact that after filing the claim, the funds were returned and no violations of consumer rights were identified, the claim was considered by the OPSOS as a claim.
Consumer appeal
In the appeal, the consumer indicated the following arguments as justification that the court of first instance incorrectly applied the law:
1. The criteria for a “claim” are not specified in the legislation. The dictionary states that this is ... a statement by a creditor/client to pay a debt... In judicial practice in similar disputes requiring a claim procedure (for example, tourism), such statements are qualified by the court as a claim (Appeal ruling of the Tula Regional Court dated May 19, 2016 in case No. 33- 1681; Determination of the Moscow City Court dated December 8, 2011 in case No. 33-402326). He even referred to arbitration practice, where a simple letter was regarded by the court as a claim (Resolution of the Arbitration Court of the Moscow Region dated April 20, 2021 in case No. A40-70243/2017). Thus, the consumer turned to OPSOS with a complaint.
2. The instructions of paragraph 52 of the resolution of Plenum No. 13 were ignored by the court of first instance;
3. There was a violation of consumer rights, since the consumer’s application for a refund was not considered by the OPSOS.
Dear experts, attention to the question!
Do you think that by submitting an application for a refund to OPSOS, the consumer fulfilled his obligation to comply with the pre-trial claim procedure for resolving the dispute?
Can anyone share their practice on this issue?
Return types
The state fee can be returned only when the citizen contacts the department. Within three years after payment, everyone has the right to demand a refund if the public service was not provided to him. Therefore, you should not delay contacting the government agency.
To return the paid fee, you must write an application to the government agency where the funds were transferred and attach:
- Original receipt - for a full refund.
- A copy of the receipt - for partial.
How to correctly draw up a statement if the buyer wants to return the purchased product back to the store?
There is no standard application form for returning goods within 14 days.
It can be handwritten or printed; it is not so important. But the content of all the required details in it is a really important point. The main details include:
- Full name of the seller company or full name of a private entrepreneur, store location address; Full name of the applicant and his contact details. This information is written in the upper right corner of the sheet.
- In the text, you must indicate the date and approximate time of the purchase. Then briefly and clearly describe all the reasons for the return; if there are any shortcomings, be sure to list them. When filling out an application in the text, it is advisable to refer to the relevant articles or paragraphs of the article of the consumer law.
- At the end, before putting the current date and signature, it is best to mention that if the requirements are not met and the application is refused, you will be ready to go to court. In any case, you have this right, but by indicating this fact you will make the seller think again and show confidence in your actions and intentions.
- After the signature, in parentheses, you should write your last name and initials.
The application must be written legibly. It would be better to draw up such an application at home, turning to the Internet for help if questions arise during the registration process.
What is the period for reviewing a complaint and returning money for a product?
There are deadlines within which claims must be satisfied if there is a legal basis for the claim. According to the consumer protection law:
Refund for proper quality - 3 days
Refund for goods of inadequate quality - 10 days
Exchange of goods with additional quality check - 20 days
Exchange of goods if out of stock - 30 days
Warranty repair period under written agreement is 45 days
Providing replacement during repairs or replacement - 3 days
Dear Irina, I am not clear about my colleague’s position as a whole!
How long does it take to process an application for a refund?
