Consumer Protection Statement: Sample

Every day we are consumers of products provided to us by the market and services market. This is expressed in many ways: various purchases, repair of equipment, shoes, etc. Sometimes it happens that the acquired is poor quality or seller provides unreliable information about the service. In all such situations, you need to protect your consumer rights. If, due to the dishonesty of the seller, the version of the "peaceful" solution of the conflict disappears - you will have to go to court. Consider how in this case make a statement of claim.

1

Legislative norms

Note that in Law of Russia "On Consumer Protection" (hereinafter referred to as the ZozP) clearly describes the procedure for pre-trial resolution of controversial situations between the seller and the buyer. Therefore, first of all, learn your rights described in articles 18 and 29 of the above law, And follow the extrajudicial order set forth on its pages. After all, in the case of the attraction of "Femids", the preliminary appeal to the seller with a claim will not only help win the case, but also provide grounds for additional penalty payments ( p.6 Article 13 of ZozPP). However, it is not always possible to protect their rights thus. Then to help buyers comes article 17 ZozPP, on the basis of which you can go to court.

We advise you to follow the claim procedure described in the article of our site - "How to return household appliances to the store".

Claim for refund here.

An example of a refund claim here.

2

Jurisdiction

Disputes involving consumers can be considered by the world and district courts under the general rule:

• When the price of the claim exceeds 50,000 rubles - contact the District Court.
• If the material requirement is less than 50,000 rubles to the magistrate.

Territorial sign is fixed article 17 ZozPP and is presented in the figure below. Note that the selection of the location of the instance is provided to the applicant.

3

Buyer requirements

The following conditions can be put forward in the consumer claims of the consumer claim to the defendant ( art. 18 of the Law):

• replace poor-quality goods to a similar or similar;
• reduce the price of the purchased subject;
• eliminate product defects;
• cancel sales transaction with compensation for the entire amount spent on the purchase.

If the controversial situation concerns the poorly provided service, then referring to article 29 of the LawYou can demand:

• elimination of defects rendered service due to the defendant;
• reducing the cost of completed work;
• free manufacturing similar things or service rendering reimbursement of all defects to eliminate deficiencies.

In addition, the offended client has the right to demand compensation for moral damage and the payment of a fine for refusal to voluntarily eliminate malfunctions.

Download on our site

• Claim for the recovery of moral damage;
• An example of a claim for the recovery of moral damage;
• Approximate claim for the recovery of the penalty;
• Sample claim for penalties;
• Application for termination of the contract of sale;
• An example of an application for termination of the contract of sale.

4

Shape of the claim and sample

Special requirements for the preparation of such an application does not exist. Therefore, a lawsuit in defense of broken rights make up, based on the general rules. articles 131-132 Code of Civil Procedure of the Russian Federation:

1. In the introductory part, fill in the "header", specify in it:
   • the name of the judiciary;
   • the requisites of the plaintiff and the defendant;
   • the purchase and sale agreement number or describe the purchase of goods / services.
2. In the descriptive part, set out in detail:
   • characteristics of purchased goods or service provided;
   • price;
   • detected flaws, causes and timing of their occurrence.
3. In the motivative block, describe what the buyer's rights are violated, referring to the regulatory documents. If there was a pre-trial procedure for resolving the consumer dispute - specify the claim information and also rely on this fact.
4. Suitable part Make:
   • outlining the basic requirements;
   • specifying the price of the claim;
   • formulated Additional conditions (compensation of moral damage, fine, etc.).

To note: the plaintiff is exempt from paying court costs ( art. 17 p.3 ZozPP).
We advise when the document is scheduled to be guided by the sample provided below:

• Typical consumer protection claim;
• Example Customer Protection Case;
• Claim about the exchange of goods;
• Example of a product sharing;
• Application for free elimination of flaws;
• An example of an application for free elimination of deficiencies.

When resolving the consumer dispute in court, it is important to carefully prepare for the process: to explore the procedural norms and use an example of the claim. All this will help avoid disagreements when applying the norms of the law in practice.