When purchasing a low-quality product or receiving a poorly performed service that does not meet expectations, citizens often give up without trying to defend their rights. What is this due to ignorance of the law or a subjective opinion about the lack of rights? Taking into account many years of practice, I will immediately say that consumers have rights and they are protected not only on paper, but also in court. You only need to know the mechanism for restoring a violated right, which I will tell you about.
How to write an application for product examination?
In cases where you require an examination, you must inform the store of this in your refund claim. However, in addition to this document, you also need to fill out an additional application.
It describes the product, its condition and defects, as well as all information about the purchase. The application is reviewed by the seller within ten days. This period will not be included in the examination period. It is better to make two copies so that the seller has one and you have the other.
Along with the application, you must give the purchased product to the store so that the seller can send it for examination. At the same time, you receive a receipt stating that the product was indeed accepted and will be sent for research.
Such paper should also be in the hands of both parties to the dispute and contain all information about the product and its shortcomings for further identification of the product and avoiding errors.
Procedure
After discovering defects, the buyer writes a claim to the store in 2 copies, in which he describes in detail all the identified defects, finds a receipt and a warranty card, makes copies of them and sends them to the store.
In the store, one copy of the claim and copies of the receipt and warranty card are handed over to the authorized person. On the second copy, a mark indicating acceptance is placed: the number of the incoming person, the date of receipt, the position and signature of the person receiving it. The absence of an incoming number is allowed: registration can be done later, but the remaining details must be present.
It is not recommended to give original documents - they will probably be needed in court.
After receiving the complaint, the store will schedule an examination. The transfer of the phone for research is formalized by an act. It describes the external condition of the device, the presence of scratches, dents, cracks, signs of opening, and spills. The buyer is advised to carefully inspect and describe the condition of the phone. A sample act can be downloaded below. The best option is to conduct the examination in his presence.
Independent organization of examination is allowed. Then a copy of it is attached to the claim.
How does objective research of a product take place?
The research is always carried out with the participation of each of the parties to the dispute and, of course, specialists. They are the ones who study the product, its condition and the shortcomings allegedly found in it. The examination may be carried out where the experts themselves decide.
At the same time, either the store or you can initiate it, but most often it is the consumer who submits the application, since the seller refuses to accept the detected deficiencies as a sufficient basis for a refund.
Examination of defective products.
About who pays for the examination of low-quality goods,
The participation of each party in the examination is not limited solely to observation on their part. You have every right to ask your questions, include them in the protocol, as well as make comments and control the procedure. This gives him the guarantee that all research results will be legal and reasonable.
As a result, a conclusion is always issued - a document containing a description of the entire research process, comments and questions received from the parties, as well as conclusions. It is in them that the expert gives an accurate assessment of the condition of the goods, confirming or denying the presence of defects.
Separately, it should be said that the research is always paid. This is usually done by the seller; as a general rule, this is always his responsibility, even if you initiated the examination. However, there are exceptions. So, if the examination shows that your demands were unfounded, then in the end it will be he who will be forced to pay for the research and even reimburse all the expenses that he incurred in the store.
Sample application for quality control in the presence of the consumer
Legal advice Sample complaint for a defective product: how to properly file a complaint? If you were sold a damaged product or it has any defect, by law you have the right to demand a replacement for similar products or a refund. However, most often the manufacturer is in no hurry to meet halfway and recognize the buyer’s requirements as legitimate. In this case, you will have to transfer communication into writing, and one of the first documents will be a claim for poor quality goods. This is a document containing a complaint, which the seller undertakes to accept and respond to; depending on the response received, further actions can be taken.
Deadlines for completing the expert assessment
The time periods during which the research must be carried out directly depend on the requirements that you present to the seller:
- When you need a full refund, you are given ten days for the procedure;
- When you need to exchange products, then twenty days;
- When repairs are required, forty-five days.
The specified deadlines must be taken into account when carrying out the entire procedure as a whole, from consideration of the claim to the return of money or satisfaction of another claim. Accordingly, this will also include examination.
Violation of these periods will result in a fine of one percent of the cost of the product for each day that it is overdue.
Deadlines
The following terms apply to returning goods:
- If the defect is insignificant (scratches, abrasions), then the goods can be returned within fifteen days. If this period is missed, a refund is possible only in limited cases:
- if the deficiency is significant;
- failure to meet repair deadlines;
- if the phone did not work for a total of a month during the year of the warranty period due to various breakdowns;
- refunds are made within 10 days without examination or 20 days in case of examination;
- For violation of the specified deadlines, the seller pays a penalty.
What happens after the examination?
Once the study is completed, an expert opinion should always be issued. It is a document that is drawn up in writing and signed by each participant in the procedure.
Accordingly, it is precisely this conclusion that will become the reason to refuse to satisfy your demands or, on the contrary, to return the money for a product that turns out to be of poor quality.
In the conclusion, the expert indicates in part of the conclusions whether there are shortcomings, what they are and who is to blame for them. All answers should be formulated as clearly as possible, and the information should not go beyond the scope of the case.
Based on such a document, demand compensation for the cost of the goods and even losses, which can also be confirmed by an examination. If the result does not suit one of the parties, then there is always the opportunity to either order a repeat examination from another specialist, or go to court.
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Product quality check - inspection procedure
First, the seller himself, using technical means, checks the goods and makes a verdict. If one of the parties is dissatisfied with the results of the inspection, then the only thing left to do is to take the second step - conduct an examination. “In the event of a dispute about the reasons for the occurrence of defects in a product, the seller (manufacturer), an authorized organization or an authorized individual entrepreneur, or an importer are obliged to conduct an examination of the product at their own expense” (Article 18 of the Law on the Protection of Consumer Rights). That is, if the consumer, having received a product quality inspection report, does not agree with the conclusions presented there, he has the right to contact the seller again with a corresponding written statement and insist on an independent examination. The purpose of the examination is to establish the cause of the defect in the product.
Samples of claims for goods
Example of a claim for a defective product (air conditioner)
Sample complaint to a store for a defective product. The consumer purchased an air conditioner for cash. After installing the air conditioner, obvious shortcomings of the purchased product were revealed: the air conditioner could not work for cooling. The consumer contacted the service center with this problem. The air conditioner malfunction was not corrected. In the complaint, the consumer demands a refund for the purchased low-quality product.
Example of a claim for the return of goods (any product of inadequate quality)
Example - sample claim for return of goods. The claim contains provisions of the law on the Protection of Consumer Rights, links to articles. You can download and fill out any product of inadequate quality that is subject to return.
Sample complaint to the store
Sample complaint to the store. Suitable for you if the product purchased in the store did not fit for technical reasons. Contains a requirement for the return of funds paid for the goods. A claim helps if the store refuses to refund the money for the product.
Example of a claim for a refund for a freezer
Claim for the return of funds under a purchase and sale agreement for goods. Reason: the freezer did not fit due to technical reasons (extreme noise from operation).
Example of a claim for low-quality dietary supplements
Complaint from a buyer of dietary supplements demanding a refund due to the poor quality of the product. The claim contains the necessary footnotes to the Consumer Rights Law and may be applicable in cases where it is necessary to return a low-quality or questionable product, or improperly inform consumers about the qualities of a food product sold and purchased for medicinal purposes.
Example of a claim under a car purchase and sale agreement
The car buyer purchased the car under a sales contract. A receipt for full payment is available. After a short period of time, during the warranty period, the car buyer identified significant deficiencies in the car. In particular, engine malfunction. Due to the fact that repairing or replacing a car engine will be expensive, the buyer makes a claim that the car is overpriced and demands that the car be replaced with a similar one without defects.
Sample claim for a refund for a cell phone
Sample claim for a refund for a cell phone. The claim is suitable for all customers who are faced with the problem of receiving a low-quality product when purchasing a phone. Download the claim and adjust the requirements and facts based on the documents you have (sales receipts, dates, name of organization, passport details)
Example of a claim for a refund for a computer game
Claim for a refund for a defective product - a computer game.
Example of a claim for a defective product (washing machine)
Claim for a defective product - a washing machine. After the purchase, during operation, the buyer discovered that the machine had a significant technical flaw. The spin function does not work. Based on the consumer rights law, the buyer of a low-quality product demands that the full cost of the washing machine be returned to him.
Sample claim for returning a jacket to a store
Example of a claim for the return of clothing. The complaint also describes an unsuccessful attempt to return the jacket the first time, the next day after purchase.
Example of a complaint to an online store for a low-quality TV
Complaint to an online store for a low-quality TV. The product was purchased from an online store website, a defect in the product was discovered and a request to replace the product was sent by e-mail. There was no answer. In a written complaint, the consumer demands that the product be replaced with a similar one without defects.
Example of a claim for poor-quality manufacturing of kitchen furniture
The furniture was ordered and delivered to the client. Defects were discovered during the assembly process. And during assembly, the walls and window sill in the kitchen were damaged. Employees of the manufacturing company promised a quick replacement of low-quality parts, but did not keep their promise. Since the owner equipped the apartment for the purpose of renting, she suffered losses due to the impossibility of renting out an apartment with a faulty kitchen. The claim contains demands, in addition to replacement of parts, to compensate for financial and moral damage.
Sample claim for refund of money for furniture and termination of contract
Claim for failure to meet deadlines for furniture production. The furniture manufacturer missed the deadlines under the contract, and therefore the consumer demands a refund of the money he paid under the sales contract. Links to the consumer rights law are indicated, deadlines, company information and contract number must be personal.
Example of a claim to the seller for the return of a vacuum cleaner
Complaint to the seller for the return of a purchased vacuum cleaner. During the sale, the buyer was incorrectly informed about the product. The seller misled the buyer and described the product in such a way that the buyer would buy it: he attributed functions to the product that it did not have. During use, the buyer found out that the seller’s words had no connection with the actual properties of the product and demands a refund.
Example of a complaint against a store. Returning a laptop
Complaint to the store. The cost of the laptop was fully paid in the store. Upon receipt of the goods, a significant flaw was immediately discovered in it: the laptop, sold as new, had scuffs and scratches. Its appearance was consistent with its used condition. In the complaint, the buyer demands that the money for the goods be returned to him.
Example of a claim for a refund for goods and installation (installation)
Claim for return of a hypothetical product and the cost of installing it in the premises. The reason is the destruction of the installation structure (can be replaced by other reasons, in relation to your case).
Example of a claim under a furniture purchase and sale agreement
Claim to the contract of purchase and sale of bathroom furniture. The contract was violated regarding the delivery of furniture. The buyer demands that the money paid be returned to him within the time limits established by the law on consumer rights.
Example of a claim against a car dealership
Claim against the car dealership where the buyer purchased the car. During use, the car owner identified significant shortcomings: the car did not have a number of standard functions that were stated according to product standards. The consumer, relying on his rights, demands to replace the car with a new one with the appropriate equipment and reimburse the costs of legal services.
Example of a claim against a car repair shop
The claim against the auto repair shop is based on the fact that the car was transferred to the auto repair shop for repairs and the technician failed to carry out the agreed work. The service - the car engine overhaul was not performed, and the money for the service was paid upon the first call. In the complaint, the buyer demands that the money be returned to him.
Example of a claim against an airline
The consumer has booked charter flights with an airline. But when checking the tickets, it turned out at the control that one of these tickets did not exist. The ticket was sold to another person. As a result, the client was forced to purchase three tickets for another flight (due to the inability to fly separately from his family). The claim requires compensation for financial costs.
Sample claim example
Buying a car from a dealership under a contract. Despite the fact that the consumer paid the full price of the car when completing the purchase and sale documents, even after a long period of time, he did not actually receive the car. Reason: lack of registration certificate for the car. In the Claim, the buyer demands that the cost of the car be returned to him and the contract for the purchase of the vehicle be terminated.
Example of a claim to a car dealership
Sample claim to a car dealership. The consumer has signed an agreement to purchase a car with certain functions and equipment. As a result, it turned out that the equipment was significantly different from what was promised.
Sample claim for computer repair
Sample claim for poor quality computer repair services
Example of a claim for poor quality medical services
Sample claim for poor quality medical services. Poor quality medical services are a common problem for consumers. Judging by the requests to our consumer protection lawyers, consumers need to be on their guard when it comes to providing paid medical services. Before paying for services, be sure to read the rules for the provision of services and save all documents, including payment receipts. Do not throw away receipts even if the service was provided and in your opinion, everything went well!
Example of a claim for poor quality furniture
Claim against LLC, store for low-quality furniture. Under the contract for the purchase of furniture, there were significant violations of the timing of the transfer of goods.
Repair
Instead of money, the buyer can demand that the phone be repaired under warranty. This period cannot exceed 45 days. The reason for specifying the maximum possible period is the reluctance to pay a penalty for failure to complete repairs on time. The buyer has the right to disagree with this figure and indicate his own.
During repair work, the buyer has the right to request a replacement. The requirement is included in the application and the seller must satisfy it. In case of refusal, a penalty will be charged.
After the repair is completed, the warranty for the product is extended for the period during which the buyer could not use his item (from the moment he contacted the store with a breakdown until the day of actual return).
Upon completion of the repair work, the buyer has the right to request a written report indicating: the date of treatment, defect, work and parts replaced, the date the phone was repaired, and the moment of return.
Read more: How to correctly write an act for writing off materials
All unresolved disputes with the seller are resolved in court. There is no state fee for the application; the seller will pay it if a positive decision is made. Pre-trial settlement is mandatory. Knowing how to correctly write a request for a refund for a phone, the buyer facilitates his communication with the store.
Claims for a refund for technically complex goods are accepted within 15 days, then this is possible only in three cases: when significant deficiencies are discovered, the deadlines for eliminating the deficiencies are violated, the impossibility of using the product during each year of the warranty period in total for more than thirty days due to repeated elimination its various shortcomings (Article 19 of the POCA). Please note that a significant defect is a defect that cannot be eliminated, or the cost of repairing it is unprofitable, or the defect recurs repeatedly after its elimination. The seller conducts the examination at his own expense.
Sample claims for services
Example of a claim to a contractor
The contractor assumed responsibility for the construction of the foundation. The complaint from the customer to the contractor states that under the contract the contractor was required to do the work and deliver it to the customer. But the contractor was unable to fully provide the service and fulfill all the conditions under the contract. In the claim, the customer, relying on consumer rights, demands to pay him money and reimburse the costs of legal services.
Example of a claim to a travel agency
Complain to a travel agency. The client transferred money to the agency’s account under an agreement for the provision of travel services. As a result, tourism services were provided with poor quality. In the complaint, the Client demands that the travel agency terminate the existing contract and reimburse him for the money paid.
Example of a claim against a bank
Complaint from the borrower against the bank. The consumer received a loan from the bank to purchase a mobile phone. According to the contract, payments were made monthly and there were no delays. The consumer repaid the loan in full within the agreed period, including bank interest. Six months later, a call came from the bank saying that the consumer had a debt. The consumer writes a complaint to the bank, where he demands to understand the situation.
Example of a claim from a forwarder
Complaint to the forwarder. An agreement on intercity transportation of goods was concluded between the service provider - the forwarder and the service consumer, a private person. However, payment for the carrier's services was not made properly according to the contract. The claim is drawn up by the carrier and sent to the consumer of the service.
- Complaint to a travel agency about poor quality services. The travel agency client has fully paid for the contract for travel services. As a result, not receiving the proper quality of service: a hotel room was not booked, and therefore the client incurred additional costs for renting a room and paying for additional services. The claim contains demands for compensation for moral damage caused and reimbursement of funds paid by the client under the agreement with the travel agency.
Example of a claim to the insurance company OSAGO
Claim to the insurance company OSAGO. As a result of an accident, the car of a client of the OSAGO insurance company was severely damaged. He is not the culprit of the accident. The second participant in the accident, who also had compulsory motor liability insurance, was found guilty. The driver, who was not at fault in the accident, contacted the insurance company of the person responsible for the accident, providing all the documents necessary to recover damages. But the examination estimated the cost of car repairs to be much lower than the average cost of repair work. Therefore, the applicant’s claim contains a requirement to repair the car in order to compensate for the damage caused to him.
Sample claim to insurance company
Sample claim to the insurance company after an accident. Download a sample claim and edit it to suit your case. Fill out carefully, based on the documents and regulations that you have.
Example of a claim to a bank for recalculation of loan debt
Sample claim to the bank for recalculation of debt under a loan agreement and recognition of debt as unreasonably accrued. With proper editing, it is also suitable for filing a claim with a microfinance organization for debt recalculation and removal of accrued interest.
Example of a claim to an organization
Claim against an organization under loan agreements. Several loan agreements were drawn up between the borrower and the claimant. But the borrower did not fulfill his obligations and did not pay the loan amount and monthly interest under the agreement. The applicant demands in the claim to pay the loan amount and the interest due to him under the agreement.
Example of a claim for a refund for educational services
Claim for a refund for educational services. Reason for return: poor quality educational services. Requirement: reimbursement of funds paid by the client under the contract and compensation for moral damages due to lost time and repeated requests from the client to resolve the situation.
Example of a claim under an agreement for the provision of language training services
Sample claim for an agreement for the provision of English language teaching services. The claim will help consumers of services to defend their rights in the event that the service was paid for and not provided or provided not with proper quality, in violation of the terms of the contract. Demand: reimbursement of the payment amount, compensation for moral damages, payment of interest for the use of other people's funds.
Example of a claim under a microloan agreement
Claim under a microloan agreement. The claimant cannot repay the loan and in the claim asks to defer payment under the agreement.
Example of a claim against an insurance company
Sample claim to insurance company
Sample claim for loan repayment
Loan repayment claim. From the Lender to the debtor with the requirement to pay within the specified time frame.
Example of a claim for poor quality services
Poor quality of service. The complaint was written without specifying a specific service. Download the claim and add it to your conditions. The document is suitable for almost any case of poor-quality services.
Sample claim for training services
Complaint about poor quality training services addressed to the CEO. The claimant demands termination of the contract on the basis of failure to fulfill one of the clauses of the contract.
Example of a complaint for non-compliance with safety rules
A good, competent complaint against the shopping center for non-compliance with safety standards. An elderly visitor to a shopping center slipped on a wet floor, was injured and suffered physical, moral and financial damage. Under consumer law, she is seeking fair compensation. The claim is useful for all cases of violation of safety standards in public places and institutions.
Sample claim for warranty repair
Claim for warranty repair of a washing vacuum cleaner. The consumer returned an expensive vacuum cleaner for repair. The vacuum cleaner stayed in the repair shop for longer than the period required for repair. That is, for no valid reason, the equipment repair service was not provided. In the claim, the consumer demands repairs be made and the amount of moral damages paid to him.
Example of a claim to a travel agency
Complaint to travel agency. The consumer purchased a week's vacation at a resort from a travel agency. Payment was made in advance, but the service was provided poorly - the resort refused to provide him with a room because the reservation had not been made. The consumer of a travel agency's service demands a refund due to the provision of poor-quality service.
Example of a claim to an insurance company
An example of a claim to an insurance company with a requirement to pay the insured amount and reimburse the costs of the examination.
Sample claim for bank services
Sample complaint to the bank
Example of a claim to an insurance company
Claim to the insurance company. According to the insurance contract concluded between the applicant and the insurance company, the applicant insured his vehicle - a car. As a result of a traffic accident, the applicant's car received technical damage. The applicant immediately reported the occurrence of the insured event to the insurance company. As a result of notification of the insured event, the insurance company opened an insurance case. However, to date, the insurance company has not issued a referral to repair the vehicle to the applicant. The applicant demands to send the insured vehicle - a car for repairs to the service station of an official dealer.
Sample claim for damages
Claim for damages. Did your car suffer mechanical damage as a result of a traffic accident? owned by the applicant. The driver of the other car was found guilty of the accident. After the occurrence of the insured event, the applicant immediately contacted the insurance company of the culprit, providing a complete set of documents and the car damaged in the accident for inspection and determination of the amount of damage. However, the insurance company paid only part of the money for restoration repairs. Repeated appeals to the culprit’s insurance company to pay the applicant insurance compensation in full remained to no avail. The applicant demands, in order to compensate for damage caused to property, to pay part of the insurance compensation.
Question for a consumer protection lawyer Question for a consumer protection lawyer
In many court cases, a timely submitted application for an examination plays a key role in the court’s decision. The need to answer questions about certain circumstances of the case that require special knowledge implies that the parties have the opportunity to appeal to the court. And ask for research to get the answer.
The person who submitted the corresponding application must justify the need, as well as determine the type of examination in civil cases. On its own initiative, the court does not often order an expert examination. After all, it requires incurring expenses. We will describe below how to draw up an application for a general examination. The section also contains petitions for certain types of the most frequently encountered studies. The online legal consultation service is always available.
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Application for examination
How to submit equipment for repair, quality control and examination.
Dear consumers, let’s not forget that the main purpose of the product is to serve faithfully its owner, and if you find a defect in the purchased product or have complaints about its quality, then you need to take such a product back to the store. Often the seller refuses to consider a claim based on the lack of a receipt for the purchased product. According to paragraph 5 of Art. 18 POPP: “The absence of a consumer’s cash or sales receipt or other document certifying the fact and conditions of purchase of goods is not grounds for refusal to satisfy his requirements.” And now the task is more difficult: the product you purchased turned out to be defective. According to clause 5 of Art. 18 of the “Law on the Protection of Consumer Rights”, the seller is obliged to accept goods of inadequate quality from the consumer simultaneously with a written complaint. The written claim is drawn up in two copies.
Read more: How to obtain Russian citizenship for a citizen of Belarus
Example of an application for examination
In the Pochepsky District Court of the Bryansk Region Plaintiff: Lyudmila Sergeevna Lenskaya, address: 243105, Bryansk region, Pochep, st. Dzerzhinsky, 125-7, Defendant: Senin Leonid Yakovlevich, born July 30, 1991, place of birth: Tomsk, place of work: Administration of the city of Pochep, address: 243400, Bryansk region, Pochep, sq. Pushkina, 14-82, TIN 87987646321 within the framework of case No. 4-13/2022
Application for construction and technical examination
The Pochepsky District Court of the Bryansk Region is processing civil case No. 4-13/2022 on the claim of Lyudmila Sergeevna Lenskaya against Leonid Yakovlevich Senin for compensation for damage from the flooding of the apartment.
As part of the case, it is necessary to determine the reason for the flooding of the apartment, the answer to which is not included in the Damage Inspection Report from the flooding. Article 56 of the Code of Civil Procedure of the Russian Federation and the court’s ruling on accepting the claim for proceedings, the burden of proving the fact of improper implementation of utility work on public infrastructure facilities (which I suggested in the response to the claim and the application to replace the defendant) is placed on me.
Since this issue is included in the circle of circumstances that are important for the objective resolution of a civil case, it requires special knowledge in the field of construction and technology, in accordance with Art. 79 of the Code of Civil Procedure of the Russian Federation, a construction and technical examination may be assigned in the case.
For the permission of the experts, I ask you to pose the following questions:
- Are there any defects in the construction of pipelines and sewers?
- Are there any violations of construction and technical standards when carrying out the specified construction work?
- Is the waterproofing in the floors of apartments No. 7 and No. 14 of adequate quality?
- Were the requirements of regulations violated when carrying out the above work?
- Is the technical condition of the water supply and sewage system the cause of the accident?
I request that the construction and technical examination be entrusted to Expert LLC, and that the payment of legal costs for its implementation be entrusted to the applicant.
Based on the above, guided by art. 79 Code of Civil Procedure of the Russian Federation,
Ask:
- Assign a construction and technical examination within the framework of civil case No. 4-13/2022, for the resolution of which the above issues will be raised.
Application:
- Notification of sending a petition to participants in the case
03/17/2022 Senin L.Ya.
What can you ask the court?
Options that a plaintiff may ask for:
- Satisfying the basic requirement: refund, replacement or repair of the product.
- Penalty for late satisfaction of a claim.
Please note: if, according to your application, you were not provided with a replacement device, this is also a violation of your rights. And for this you can also ask for a penalty - 1% of the cost of the goods.
The amount of the legal penalty for goods of inadequate quality is 1% of the cost of the goods for each day of delay, for claims regarding work or services - 3%. But there is one peculiarity - the penalty for goods is not limited, and for services the penalty cannot exceed the cost of the service itself.
- Compensation for losses, if any. This includes reimbursement of legal expenses for a representative.
- Compensation for moral damage.
The collection of a fine need not be declared; it must be collected by default upon satisfaction of the claims in full or in part.
How to choose an application for examination
Issues of appointing an expert examination in a civil case are regulated by Art. 79-87 Code of Civil Procedure of the Russian Federation. The website contains samples and features of compiling the following types of examinations:
- petition for a medical examination
- petition for merchandising examination
- petition for a psychiatric examination
- petition for handwriting examination
- petition for appointment of a construction expert
- request for technical examination
- petition for the appointment of an automotive technical examination
- petition for appointment of an accident examination
- petition for appointment of genetic examination
- petition for linguistic examination
- petition for land management examination
- petition for environmental assessment
- application for DNA testing
- petition for appointment of an appraisal examination
- request for psychological examination
- petition for appointment of an accounting examination
- petition for psychophysiological examination, etc.
Studying the Law of May 31, 2001 No. 73-FZ “On State Forensic Expert Activities in the Russian Federation” will also help determine what kind of examination to ask the court to order. And a review of judicial practice on the application of legislation governing the appointment and conduct of examinations in civil cases (Presidium of the Supreme Court of the Russian Federation 12/14/2011).
We submit the goods for examination
- The principles of examination represent special requirements for products related to the specifics of raw materials, quality improvement, features of production technology, etc., which are reflected in standards - GOSTs, OSTs, TUs and are mandatory for implementation within a given industry.
- During the warranty period, it is the seller who is obliged to submit the goods for examination and pay for it. After the warranty expires (or in the absence of one), the costs of examination are borne by the buyer. If a manufacturing defect is confirmed, the store is obliged to fulfill the buyer’s requirements and reimburse him for the cost of the examination.
- Expert opinions can be used in court, because
We draw up an application for an examination
An application for an examination must be submitted in writing (so that it is included in the case file). At the same time, the court usually indicates the advisability of conducting research (its necessity) as part of preparing a civil case for trial.
In the ruling on accepting the claim for proceedings, the court determines the range of circumstances to be proven. And which party must confirm them. It is the responsibility of the applicant to prove the need for special knowledge not generally known. Legal issues cannot be the subject of examination.
Product examination report
8289 Formation of a product examination report is the final stage of checking any product or several products for their quality. FILES Expertise means a thorough examination of the goods to determine their condition at the time of transfer to the expert. As a rule, such an examination is resorted to in cases where it is necessary to establish the depth of damage to the goods or the extent of its damage, and to find the perpetrators.
Expertise can be of various types and purposes:
- food,
- environmental,
- medical,
- agricultural, etc.
- technical,
- engineering,
At the same time, various objects can be exposed to it:
- household products,
- medicines,
- equipment,
- clothes and shoes,
- Construction Materials,
- cars, etc.
- furniture,
- technique,
- food and drinks,
- toys,
People with special, narrowly focused knowledge are involved in conducting the examination.
At enterprises, these may be specially trained employees who have undergone professional training and have appropriate qualifications confirmed by written certificates or diplomas. If an organization does not have the opportunity to employ its own experts, then it may well resort to the services of third-party specialists.
In some cases, when the examination is carried out in relation to, for example, complex technical objects, a whole group of experts may participate in the study, each of whom belongs to a specific expert community and has specific knowledge. In practice, most often the examination of goods is necessary to resolve various controversial situations.
Consideration by the court of an application for an examination
So, one of the parties submits an application for an examination. Such a statement may contain a list of questions for the expert and an indication of a specific expert institution (and even the expert). The other party to the civil case may prepare written objections to the petition to appoint an expert examination. The position may also be stated orally and recorded in the minutes of the court session. Objections must be motivated.
The court considers the application at a court hearing, taking into account the opinions of the participants in the case. Not only the parties and the court have the right to submit their questions to the expert. But also all persons involved in the case. The final list of questions is determined by the court. Refusal to include a particular question must be motivated.
If the applicant cannot prove the need to order a forensic examination, the court will refuse to satisfy the application. The parties do not have the right to appeal such a determination, but may include objections in the appeal of the case. An application for an examination on the same basis (the need for research) can be submitted only once.
Expertise
During the examination, the transfer of the telephone is documented in an acceptance certificate, which includes:
- description or indication of the absence of visible damage to the integrity of the case and glass;
- information about the shortcomings or defects of the phone, in connection with which it is sent for examination;
- damage to the battery;
- presence or absence of traces of moisture.
The buyer is given a copy of the expert's report. If the seller did not provide it, you need to demand it. In case of disagreement with the conclusions of experts, an independent study is allowed, but at the expense of the buyer.
Application for examination of goods or services (work performed)
The Forensic Expert Board carries out an examination of goods and services on the basis of one of the following documents:
- applications for examination;
- letters from the state body for the protection of consumer rights on conducting a commission or comprehensive examination or examination in order to protect the rights of an indefinite number of consumers.
An application for an examination of a product or service can be written by the consumer, seller, manufacturer of the product or repair organization.
The consumer has the right to demand payment for the examination by the seller, manufacturer, supplier of goods, representative or service provider (repair or service organization) or to independently pay for the examination.
If the consumer demands payment for the examination by the seller, manufacturer, supplier of goods, representative or service provider (repair or service organization), an application for examination is written by the consumer in the name of the relevant legal entities.
If the consumer wishes to pay for the examination on his own, the application for the examination is written by the consumer addressed to the director of Forensic Expert Collegium LLC (G.N. Ignatkovich).
If the consumer requires payment for the examination by the seller, manufacturer, supplier of goods, representative or service provider (repair or service organization), the payer of the examination must enter into an appropriate agreement for the examination. A legal entity may enter into a one-time or permanent agreement with Forensic Expert Collegium LLC for conducting examinations. In the latter case, the payer for carrying out examinations of goods or services is provided with a set of documents, including a list of labor costs for carrying out examinations of various goods and (or) services, forms of applications for examination, forms of acts of transfer of goods for examination and transfer of goods after examination, standard questions on permission to examine goods and (or) services.
If an agreement to conduct an examination is concluded in writing, the application may not be completed.
The Forensic Expert Board pays special attention to the fact that our forensic expert institution conducts independent examinations, so the conclusions of the examination in no way affect which party is the payer of the examination.
To prevent misunderstandings after the examination, the seller, manufacturer, supplier of goods, representative or service provider (repair or service organization) is obliged to familiarize the consumer with the Regulations on the procedure for conducting examination of goods (results of work performed, services provided), the reliability of information about goods (work, services) ), approved by Resolution of the Council of Ministers of the Republic of Belarus on January 14, 2009 No. 26, and on the estimated cost of conducting an examination of goods (services). The legal entity that pays for the examination also has the right to warn the consumer about the responsibility for providing false information about the existing defects of the product and paying the full cost of the examination of the product and transportation costs in the absence of declared defects.
Below is an application form for an examination in accordance with Resolution of the Council of Ministers of the Republic of Belarus dated January 14, 2009 No. 26 for writing by the consumer of goods or services.
Normative base
The buyer is protected by the provisions of the Law “On Protection of Consumer Rights” (CPR). In particular, it is recommended to pay attention to the following provisions:
- Art. 18 contains a list of possible actions of the buyer if defects and shortcomings are detected in the purchased device;
- Art. 19 establishes the deadline for filing claims for defective goods (before the warranty expires);
- Art. 20 limits the seller to the repair period (determined by agreement, but not more than 45 days);
- Art. 23 indicates the seller’s liability for delay (a penalty is paid).
In addition to the PPA, Art. 14.08 Code of Administrative Offenses: the seller may be fined for providing false information about the product.
Contents of the claim
How to write a claim for a refund for a phone so that it is as correct and detailed as possible? There are several requirements:
- find out the name of the store. It often happens that a store has one name, but the legal entity behind it has another. The receipt indicates exactly the organization that sold the mobile phone. The name of the manager or official may not be indicated: the claim for a refund will be sent to the legal department for consideration, but according to established business practice, the full name and title of the manager’s position are indicated in the header, for example, to the General Director of Seller LLC I.I. Ivanov;
- Below is information about the applicant: full name, postal address, contact phone number. The information is necessary so that the official can contact the buyer;
- after placing information about individuals, the name of the document is placed in the middle, for example, a claim for a refund for a cell phone”;
- a detailed description of the fact of purchase and identified deficiencies.
How to correctly write a claim and conduct an examination of a product
Author of the publication Lawyer, Russia, Samara Subscribe Publication rating:
(5.00) ( 3) 6,769 September 2021 at 02:59 pm Similar topics: Summary: When purchasing a low-quality product or receiving a poorly performed service that does not meet expectations, citizens often give up without trying to defend their rights.
What is this due to ignorance of the law or a subjective opinion about the lack of rights?
Taking into account many years of practice, I will immediately say that consumers have rights and they are protected not only on paper, but also in court.
You only need to know the mechanism for restoring a violated right, which I will tell you about. And not only because the trial is long and requires certain preparation in terms of collecting documents, which I will talk about a little later.
Many sellers, knowing the strictness of the law, make concessions to buyers and agree to replace the product or repair it on the spot.
To resolve the issue voluntarily, it is necessary to draw up a written demand - a claim. The claim must be made in two copies, this is important.
If you don’t have the time or desire to write the text twice, just make a copy.
The claim must be handed over to the seller or administrator, no matter who accepts it, but it is necessary that on one copy – yours – there remains the seal of the organization to which the claim was addressed, and the date the document was accepted by the organization.
Ideally, the claim should be accepted and satisfied voluntarily, but there are also intractable sellers who do not accept the claim.
