Consumer assistance - law on the protection of consumer rights of the Russian Federation

1. The first thing you need to do is to write a claim (a written appeal to the counterparty in connection with improper performance or non-fulfillment of obligations), containing one of those requirements that are provided for by the Law. It must be remembered that the main requirement can be stated to one and only one of the counterparties, either the seller, or the manufacturer, or the importer, or the performer, or an authorized organization or entrepreneur

2. What you need to start with is to double-check once again who exactly sold you the product (provided a service or performed work). If you still have a sales or cash receipt, then its details must necessarily include information about the counterparty, its Taxpayer Identification Number, Primary State Registration Number, and legal form.

3. The claim must be drawn up in two copies, one of which is handed over to the seller (manufacturer, performer), and on the second the seller (manufacturer, performer) makes a note about its receipt. The seller (performer, manufacturer) is understood as an individual entrepreneur or legal entity that sold the goods (performed work, provided a service), and not a specific employee who interacted with you. Therefore, the claim can be transferred to any person representing the counterparty. Any employee is such a representative.

The claim can be submitted in person not only to the specific address where the goods (work, services) were purchased, but also at any place where your counterparty operates. Some sellers (performers) sometimes change their location, and therefore, when you contact the address where you purchased the goods, you may find a different sign. Don't despair. Information about registered individual entrepreneurs and legal entities must be provided to you by the registration authority, which is the relevant Inspectorate of the Federal Tax Service. In this case, preserved cash and sales receipts will be of great help. If the seller was an entrepreneur, but by the time the claim was filed, had ceased carrying out business activities, this does not mean that a claim cannot be made against him.

The situation is different with legal entities. If a legal entity is liquidated or has actually ceased its activities and does not have a legal successor, then it is necessary in each specific case to either choose another counterparty to whom, in accordance with the law, the consumer can make a claim or contact a public association of consumers, where they will give you advice on how to act in such a situation.

4. If for any reason the seller (manufacturer, performer) refuses to accept the claim or put their signature on your copy, send the claim by registered mail with acknowledgment of receipt. It is also possible, in the presence of two eyewitnesses, who may be your relatives or friends, to leave a claim to any employee of the seller (manufacturer, performer). Then on the second copy it is necessary to make a record that the claim was handed over at that time in the presence of eyewitnesses with their signatures and an indication of their addresses and passport details. It should be taken into account that these eyewitnesses may subsequently be summoned to court as witnesses to confirm the fact of transfer (delivery) of the claim.

5. Having received the claim, the seller (executor) must decide on the procedure for considering your claim. So, for example, having decided to conduct a quality check, he must notify you of the time and place of its conduct. If the presence of a defect is not disputed, but as a result of a quality check, the seller (performer) considered that the cause of the defects was your guilty actions (for example, violation of storage or operation rules) or inaction (for example, failure to comply with maintenance requirements), then the seller is obliged conduct an examination.

The consumer has the right to participate both in quality control and during the examination. To avoid misunderstandings, we recommend that you initially express your intention in the text of the claim, with a request to inform you about the place and time of the quality check (if it is not carried out at the time you transfer the low-quality goods) or examination, indicating the persons who will conduct them.

6. Please note that the seller is not obliged to respond to you in writing. By virtue of the clear instructions of the law, he must, within the prescribed period, either satisfy your request or deny it to you. In this case, refusal is understood as both actual refusal and any inaction of the counterparty. This must be taken into account when writing a specific claim.

If your claim concerns monetary payments (return of the cost of goods or payment of penalties or losses), then we recommend that you indicate in the text of the claim the full details of your bank account, where the counterparty, if it agrees with your demands, will be able to transfer funds. If the requirement concerns a thing or an object, then indicate the name and location of the thing.

7. If your demand is not satisfied, then re-evaluate the legality of your demands, perhaps consult with a lawyer from a public association of consumers and go to court. You can go to court either independently (if necessary, lawyers from public associations will assist you in drawing up a claim), or you can ask a specific consumer association to defend your rights and file a lawsuit on behalf of a public consumer association.

Electronic consumer library

Consumer complaint - why it is needed, how to write it and how to deliver it

,
Head of the Analytical Department of the Russian Consumer Association

It often happens that a consumer has complaints about the quality of the purchased product (the quality of the work performed), and the seller (or the contractor who performed the work) refuses to respond to his verbal demands. In this case, the consumer must draw up a written request, in which he outlines the essence of his complaints and states certain demands.

Let us dwell in detail on how to correctly formalize such an appeal, which is usually called “CLAIM” (or “APPLICATION”).

HOW TO WRITE A CLAIM

So, the claim is made in any form, but it is desirable that it include: six main (mandatory) parts:

1 – information about who is contacting and who is contacting (by analogy with regular mail);
2 – information about the purchased product, ordered service (work);
3 - the essence of your claims to the product, service (work);
4 – requirements with which you address the seller (performer);
5 – list of attachments to the claim;
6 – consumer signature and date.

Now let's take a closer look at the formalization of each part of the claim.

Part 1. At the beginning of the application you must indicate:

1. To whom it is addressed, for example: General Director of Molotok LLC, P.P. Ivanov.
If the name of the manager is not known, it is enough to indicate the following: to the head of Molotok LLC.
2. From whom the claim is being submitted: last name, first name, patronymic, contact phone number, postal (or email) address for responding to the claim.

Part 2. Information about the purchased product, ordered service (work)

The following must be reported about the product in your complaint:

- what product was purchased (its name, brand, article number, other distinctive features);
- cost of goods;
- date of purchase (usually indicated on a cash register or sales receipt or other document);
- if necessary, indicate information about the warranty period established for the product (a warranty card is attached to the claim).

The following information must be provided in the claim regarding the work performed:

Description of work;
- contract number and date of its conclusion;
- the date of completion of the work or the date of signing the acceptance certificate of the result of the work performed;
- cost of work;
- if necessary, indicate information about the warranty period for the work - it is usually indicated in the contract or in the act or in another document issued by the contractor to the consumer after completion of the work.

Part 3. The essence of claims to a product, service (work)

In any form you need to state your complaints about the product or service (work). For example, report that the product has a defect (describe this defect in detail), or notify that the work was performed in violation of the deadline established by the contract, or other violations of your rights were committed.

Part 4. Requirements for the seller (performer)

The claim must state specific requirements: replace a low-quality product, discount the product, return the amount paid for the product, eliminate defects, compensate for losses, pay a penalty, etc.

The demands made must be justified and comply with the law, for example, Articles 18 or 29 of the Law “On Protection of Consumer Rights”. Therefore, in a claim, it is advisable not only to list specific claims to the product (work or service), but also to refer to legal norms that may be the basis for presenting these claims.

If you demand compensation for losses, you must attach to the claim copies of documents that confirm the amount of losses caused, and if you demand to pay a penalty, you must justify its amount by making the necessary calculations.

You can include in the text of the claim a warning about subsequent appeal to Rospotrebnadzor or the court to protect your rights if the seller refuses to voluntarily satisfy the consumer’s claim.

Part 5. It is necessary to indicate copies of which documents are attached to the claim.

Such documents, depending on the situation, may be: sales or cash receipt, warranty card, contract, certificate of a warranty workshop or service center, independent expert report, etc.

Part 6. At the end of the claim there must be the surname, first name, patronymic of the consumer, his signature and date

HOW TO CORRECTLY SERVE A CLAIM

The claim can be presented in person by arriving at the store (or the office of the executor, manufacturer, etc.). One copy of the claim must be submitted to any official, such as an administrator or lawyer - if you are dealing with a large office or directly to the seller in a small retail outlet. Remember, the head of the organization is not personally obliged to accept the claim!

On the second copy (it must remain with the consumer), it is necessary to receive a mark of acceptance of the claim, which usually includes: the signature of the person who accepted the claim, its decoding (last name, first name, patronymic, position), date of acceptance, seal or stamp (of a legal entity or individual entrepreneur). The presence of a seal (stamp) on the claim is not necessary - the courts, in most cases, consider the fact of delivery of the claim to be proven without it.

The claim can be sent by regular mail (or telegram). It is necessary to send a letter with a claim by registered mail with acknowledgment of receipt and with an inventory of the attachments (make an entry in the inventory - a claim with such and such requirements. For example: a claim with a requirement to replace the goods).

The “path” of the letter can be easily traced using the Internet resource http://info.russianpost.ru/servlet/post_item. Here you can find out the date of delivery of the registered letter to the addressee by the identification number indicated on the receipt. A printout from this site is accepted by the courts as evidence of the fact (date) of service of the claim.

The text of the sent telegram must be certified by mail and saved along with the notification of its delivery.

Documents received from the mail (check, list of attachments, receipt receipt) must be preserved - they will serve as evidence that the addressee received your claim.

So, in order for the claim to be drawn up correctly, the following simple rules must be followed:

- from the text of the claim it should be clear: who, from whom, why and what is required;
- the claim must be prepared in two copies;
- you need to have confirmation that the claim was received by the seller (executor), indicating the date of its receipt.

WHY DO YOU NEED TO WRITE A CLAIM?

A pre-trial written claim against the seller (performer) is not mandatory - by virtue of the Law “On the Protection of Consumer Rights”, the consumer has the right to immediately go to court. But it is still very important to contact the seller (or contractor) with a pre-trial claim - the legislation in this part has some features that you need to know about.

Let's look at example 1.

Let us assume that the deadline established by the contract for fulfilling the obligation by the contractor is violated and the consumer, guided by Art. 28 of the Law “On Protection of Consumer Rights”, verbally announced the termination of the contract and demanded a refund.

The contractor ignored the consumer’s demands and did not return the money within the period established by law. The consumer is forced to go to court with a statement of claim, in which, among other things, he demands to pay him a legal penalty for violating the deadline for the return of funds.

But the court “believes” only documents, i.e. he will need proof. And the consumer will be obliged to present such evidence to the court - documents confirming the fact that the demand was actually presented to the executor and the date when it was accepted by the executor. Such evidence will be a written pre-trial claim.

But if the fact of filing such a claim is not considered proven - due to the fact that the claims were made orally, then the court will have no grounds for collecting a penalty.

Let's look at example 2.

The Law “On the Protection of Consumer Rights” provides for the liability of the seller (executor, etc.) for refusing to voluntarily satisfy the consumer’s demands - for such a refusal, the court will collect a fine from the defendant in favor of the consumer.

Let's say you purchased a product that was found to be defective. The consumer verbally demanded a refund for this product, but was refused. After some thought, the consumer nevertheless went to court and won the case. But according to a court decision, I was able to return only the amount that I paid for the goods. And if the pre-trial claim had been correctly written and served, then the court would have also awarded the consumer a penalty (1% of the cost of the goods for each day of delay in the return of funds) and a fine in the amount of 50% of the award in favor of the consumer - for refusing to voluntarily resolve the case in a pre-trial manner.

For example:
The product was purchased for 10,000 rubles. The seller violated the money return period by 100 days; in confirmation of this, the consumer submitted a submitted claim.
Let's calculate the penalty: 10,000 rubles. x 1% x 100 days = 10,000 rub.
So, the court awarded the consumer: the cost of the goods (10,000) + a penalty (10,000), i.e. 20,000 rub.
In addition to this, the court imposed a fine on the seller: (50% of the award): 20,000 rubles. x 50% = 10,000 rub.

Thus, if the consumer wrote a pre-trial claim and served it correctly, then based on the court decision he could receive 30,000 rubles.

FOR REFERENCE

In some cases, the pre-trial procedure for filing claims is mandatory. For example, such as a dispute arising from a contract for the carriage of passengers, luggage and cargo, from a contract for the sale of a tourism product, a contract for the provision of communication services and a number of others.

CONCLUSIONS

Despite the fact that filing a pre-trial claim in most cases is not mandatory, we recommend that the consumer use this route in order to document legally significant facts necessary for further consideration of the case in court.

The absence of a properly executed and delivered pre-trial claim to the seller may complicate the course of the trial, and in some cases make it impossible to collect a penalty and (or) a fine in favor of the consumer.
Reprinting is possible only for non-commercial purposes with the obligatory indication of the author and an active hyperlink to our website.

Documents containing claims against the other party to the transaction or the tortfeasor are called claims. This section contains examples of the most common documents of this type in civil circulation. Using the examples and information to accompany them, making a claim yourself will not be difficult. In addition, the site provides the opportunity to ask a lawyer a question to adapt a published example of a claim to a specific situation.

Types of claims

Each of us probably had to make complaints. Most often these are consumer claims, the requirements of which are related to the operation of the Consumer Protection Law. We have posted not only a general example of a consumer claim, but also certain types of such a document: a claim for elimination of defects, for the return of goods, for a refund of funds, etc. Filing a consumer claim is required before filing a claim in court for the protection of consumer rights.

Another type of mandatory claim is claims for amendment of the contract and for termination of the contract. This applies to any contracts, both concluded with individuals and legal entities.

Examples of claims under individual contracts are given: purchase and sale, contract, lease, loan (claim on receipt). Each article must indicate whether drawing up a claim in this case is mandatory or is simply advisory in nature.

Separate types of claims are claims for damages (before filing a claim for compensation for damages in an accident, from flooding an apartment, etc.). The basis for their filing is not a transaction, but an action that resulted in damage.

Claim as evidence in a civil case

When the obligation to submit a claim is expressly provided for by law, filing a statement of claim without providing evidence of filing a claim will result in the return of the claim. And then the plaintiff will be forced to first file a claim and only then go to court again.

Often the claim procedure for resolving a dispute is provided for by the contract itself. Although any correspondence that contains demands and makes it possible to establish on the basis of what (agreement, action, etc.) such a letter was sent can be considered as a claim, we recommend that in such cases, draw up a pre-trial claim.

Samples and examples of claims

On the website you can download sample claims for the most common legal relationships. In addition, examples of filing claims for specific life situations are given and recommendations are given for their correct preparation.

An effective legal tool that allows you to resolve disagreements that arise between participants in legal relations without bringing them to court is a claim.

A claim is a written request addressed to a person to perform a legally significant action. Let's consider how to submit this requirement so that it brings the desired result.

Types of claims and requirements for their content

Claims can be mandatory or optional. It is mandatory to submit claims in cases where this is directly established by a regulatory act (regulatory claims) or a contract (agreement) concluded between the parties (contractual claim).

Before filing a claim and receiving a result from its consideration, a party who believes that its rights have been violated will not be able to demand protection in court. Non-binding (notification) claims are sent solely at the discretion of the injured party, if it has a desire to try to resolve the dispute without trial.

The law does not contain strict requirements for the content of the claim, however, in accordance with established practice, it usually indicates the following required information:

1. name (full name) and details of the addressee of the claim;
2. name (full name) and details of the addressee of the claim;
3. designation in the title of the document - claim;
4. a brief description of the legal relationship about which the claim is being written;
5. a detailed description of the violations committed that are the basis for filing a claim;
6. content of the requirements;
7. justification of the requirements with reference to regulations (this item is not mandatory, but desirable);
8. the deadline for fulfilling the requirements for the claim (usually indicated in calendar days and counted from the date of receipt of the claim by the addressee);
9. an indication that in case of non-fulfillment of the requirements or failure to receive a response to the claim within the specified period, legal action will follow;
10. date of filing the claim and signature of the addressee or his authorized representative.

Deadlines and procedure for filing a claim

The period during which a complaint can be filed is, as a rule, regulated by the same document that establishes the obligation to file it - the relevant regulatory act or agreement of the parties. For non-mandatory claims, there is no deadline for filing, but it is recommended to file a claim promptly, immediately after identifying a violation of rights.

The procedure for filing a claim presupposes the possibility of subsequent confirmation of its receipt by the addressee. To do this, you can submit a claim by handing it over by courier directly to the addressee with receiving a mark of its acceptance on the second copy, or by mail with a list of the contents and issuing a notification of delivery.

Important: If filing a claim is a prerequisite for subsequently going to court, it is necessary to state the circumstances of the dispute and the requirements as fully and correctly as possible, and indicate in the text of the document that it is claim.