Sample application for consumer rights. In which court to file a claim for violation of consumer rights

Cases on the protection of buyers who are faced with low-quality goods or non-provision of services are becoming more and more in judicial practice every year. It will primarily depend on the decency of the seller whether such a dispute will end peacefully, or whether the issue will have to be resolved in court.

In any case, the buyer can and must protect his rights, but within the law. To do this, you need to know the rules of registration and the process of consumer protection.

Dear readers! The article talks about typical solutions legal issues but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

It's fast and IS FREE!

Buyer rights to be protected

By purchasing a product or paying for a service, a citizen automatically becomes a buyer, whose rights in our country are defined at the legislative level:

• the goods or services that the buyer pays for must be of adequate quality;
• information about a product or service must be accurate and complete;
• any product or service must comply with safety requirements.

In case of violation of at least one of the listed points, the buyer can exercise his legal right to file a lawsuit with the authorized judicial authorities against the seller, or resolve the issue without judicial intervention by drawing up an appropriate claim.

claim to the seller

When drawing up a claim against the seller of a product or service, the following information must be disclosed:

• characteristics of the goods and a description of the identified defects, which indicates inadequate quality goods or services rendered;
• documents regulating the relationship between the seller and the buyer;
• claims against the seller (refund, replacement or repair of goods).

Important! The claim is made in 2 copies. One document remains with the buyer, and the second is transferred to the seller with a mandatory note on the date of receipt and the recipient's personal signature. If the seller refuses to accept the application, then on the second copy a note of refusal is also made, sealed with the signatures of witnesses.

For the execution of all points of the claim, the seller is legally given 10 days, after which the buyer can already go to court.

How to draft and write a claim

Any statement of claim, including non-property claims, is made in writing in the following order:

1. Hat:
   • the full name and postal address of the judicial authority where the claim will be considered;
   • contact details of the plaintiff (full name, address of residence);
   • respondent's contact details;
   • amount of monetary claims
2. Main part (description):
   • characteristics of the purchased product or service, as well as its cost;
   • a brief description of the arguments by which it was determined that the product was of poor quality;
   • a description of the reasons and timing for identifying deficiencies in a product or service;
   • calculation of the cost of the penalty and the amount of non-pecuniary damage (if necessary)
   • normative-legal aspect of the legality of the claims put forward.
3. Resolution:
   • final claims on the claim;
   • list of attached documents;
   • Applicant's signature and date.

In his requirements, the buyer must be guided by and. From them, the plaintiff may claim:

• replacement of a defective product with a new one of the same brand and configuration;
• replacement of low-quality goods with a new one from another manufacturer with cost adjustment;
• reduction in the price of goods;
• repair of low-quality goods or reimbursement of the cost of such a service;
• return of goods with a full refund of its price;
• gratuitous correction of a poorly rendered service;
• reduction in the cost of the service;
• return of goods after a poorly rendered service with its subsequent alteration;
• reimbursement of expenses for correcting poor-quality work.

Examples and Samples 2020

To the justice of the peace of the court district __________
Claimant: (Full name, contact details) ___________
Respondent: (name of organization, contact details)

_________________________
: (sum of claims)____________

STATEMENT OF CLAIM
On consumer protection

On May 15, 2020, I purchased a winter coat with a natural fur collar from the defendant's store Brown color, production Russia. The cost of the coat was 15,000 (fifteen thousand) rubles.After 3 days, the seam on the sleeve parted on the coat, which indicates its inadequate quality. I wanted to return the money paid for the goods, but the Respondent refused, and the coat was sent for examination. After 2 months the situation has not changed and I have not received the money.

I made a written claim against the Respondent, in which I asked for the return cash in the amount of 15,000 (fifteen thousand) rubles or provide me with a written refusal. The claim was handed over to the director of the store Ivanov V.V. The response to the claim was not received within the specified period.

Due to the Respondent's inaction, I suffered moral damage due to the lack of a winter outerwear and the financial ability to buy a new one, which I estimate at 5,000 (five thousand) rubles.
Based on articles 131-132 of the Code of Civil Procedure of the Russian Federation and all of the above:

I beg:

Oblige the Respondent _______________ according to Art. 18 of the Law “On Protection of Consumer Rights” to terminate the contract previously concluded for the purchase of a coat and return to me the money paid for the goods purchased in his store in the amount of 15,000 (fifteen thousand) rubles;
To collect from the Respondent monetary compensation for moral damage in the amount of 5 (five thousand) rubles.

List of attached documents:

1. A copy of the claim;
2. A copy of the cashier's check;
3. A copy of the claim dated and signed by the Respondent;
4. A document confirming the sending of the goods for examination.

Date ______________________ Signature _____________________

In which court to file a claim for consumer protection (cognizance)

A consumer protection claim may be filed with the courts at the following location:

• at the defendant's place of residence;
• at the plaintiff's address;
• at the address where the transaction took place.

If the value of the claim does not exceed 50 thousand rubles, then the case will be considered in the magistrate's court, all claims over this amount - in the district courts.

In addition to the buyer himself, a lawsuit can be filed for him and Society for the Protection of Consumer Rights, which are also created to provide legal assistance to citizens in the framework of relationships with sellers of low-quality goods.

The price of the claim and the state duty

When calculating the total price of a claim in it the penalty indicated by the plaintiff and the amount because the court considers them separately.

Exempts applicants from paying court costs in claims related to the protection of consumer rights.

The court's decision

After studying all the evidence presented, the proceedings end with the issuance of a final decision, the execution of which must be carried out no later than 10 days.

The final document in the course of a judicial investigation is a writ of execution, which is issued to all parties to the process. This document contains the following mandatory information:

• the name of the judicial body that made the decision;
• case number;
• date of the court decision on the claim;
• the amount of money to be recovered;
• date of issue of the writ of execution;
• contact details of the plaintiff and defendant.

Further, the authority to collect the claims of the plaintiff is transferred to the disposal of the bailiff, who proposes to fulfill the requirements of the court no later than 5 days, otherwise the bailiff receives the legal right:

1. Send the defendant's property to auction in order to pay off the debt.
2. Collect the amount of the debt from the bank accounts or other income of the defendant.
3. Seize the defendant's property in favor of the plaintiff (if such measures are prescribed in the writ of execution).
4. Other ways of compensation for the claims of the plaintiff, specified in the decision.

5/5 (11)

Sample claims for consumer protection

ATTENTION! View the completed sample statement of claim for the recovery of a penalty for violation of the deadline for the transfer of the paid furniture set:

You can DOWNLOAD samples of statements of claim to the consumer protection court from the links below:

How to file a claim

The main requirement for statements of claim is that they are always submitted to the judicial authorities in writing. Only the format can be different: printed version or written in handwritten text.

The application must include the following basic information:

• The name of the judicial authority where the applicant sends the claim;
• Information about the applicant (plaintiff), his address of residence, registration is indicated. If the applicant is a legal person (company, enterprise, firm, etc.), then its legal address. In the case of filing a document on behalf of a representative, you should also indicate data about him: who he is (full name), full address, a document certifying authority;
• The complainant must also leave their current contacts. This is necessary so that, if necessary, you can contact him. If possible, several contacts, e-mail are indicated;
• information about the defendant. His place of residence or, when the defendant is an organization, information about the location of the office. When the defendant is the manufacturer/seller/performer to whom the claims are made, its legal entity should be designated. address. In order for the court to have the opportunity to contact the second party in the case, indicate the address of the defendant, write (if there are) the phone numbers of the heads of the legal entities. faces;
• Description of the fact of violation (the emergence of a threat of violation) of the legal rights (freedoms) of the plaintiff or his interests, as well as the list of requirements put forward. It is necessary to accurately reflect in the document what exactly the fact of violation of the law by the defendant consists of, what rights were violated and what actions are required from him to eliminate the consequences;
• Circumstances based on which the plaintiff makes a claim to the defendant. A list of evidence confirming the legitimacy of the position of the plaintiff and his claims. Indicate the essence of the circumstances that have arisen, describe exactly which rights were violated, refer to certain legislative norms;
• The cost of the claim, in case it needs to be assessed. Give a calculation of all the amounts that are disputed by the document or collected by it;
• Data on whether the parties followed the pre-trial procedure for resolving the dispute, if such a prerequisite is determined by the norms of the law or by the clauses of the executed agreement. The procedure for pre-trial proceedings is provided, for example, in claims relating to transportation (sent to transport companies). It is for this reason that when a claim is filed, for example, on the fact of the loss of things that were in luggage, then in this case, you should initially take care of sending a separate claim to the carrier. If such a step is not taken, the judge will not legally accept the filed claim;
• A list of documentation that is attached to the claim and confirms the circumstances and facts given in it.

The prepared application must be signed either by the plaintiff himself, or, if available, by his representative, but in this case a power of attorney is required.

Important! When the document is signed and submitted by a representative, the specified power of attorney is also attached to the claim, since it confirms the authority of the person to act on behalf and in the interests of the plaintiff.

Several copies of the claim are required, usually their number directly depends on the number of defendants in the case. For example, when two defendants appear in a case, the court is required to provide three copies of the document. One is handed over to the court for review, the rest are sent to each of the defendants. Do not forget one copy for yourself - a mark of acceptance is affixed to it in court.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues.

Annexes to the statement of claim

After the application is made, a certain number of materials must be attached to it:

• documentation that confirms all the circumstances to which the plaintiff refers in the text part of the application and proves the full validity and legality of the claims. Documents are prepared in copies, and together with the claim are sent to the defendants and third parties, if they do not have this documentation. For example, they attach copies of contracts, receipts evidencing payment, checks (commodity or cash), warranty cards, certificates of examinations, certificates from honey. institutions, previously sent correspondence between the parties, etc.
• a document certifying that the plaintiff has complied with the mandatory requirement - to take measures for pre-trial resolution of the issue. However, if this procedure is clearly provided for by the norms of the law or by an agreement drawn up between the parties.
• Plaintiff's prepared estimate of the amount to be recovered from Defendant at the conclusion of the hearing. The document is signed by the plaintiff, but his representative has the same right. Copies may also be sent to the defendants and persons involved in the case as third parties. Copies are used, originals do not need to be applied. All original copies of the documents will need to be submitted to the court in the future so that the latter can verify the validity of any given copy.

Advice for the plaintiff: when preparing documents when applying to the judicial authorities, make copies of the entire case (claim and all documentation attached to it). In the future, this will greatly facilitate the process of preparing for the meeting. If you need to resort to a lawyer's help, then you will not need to spend extra time collecting all the necessary documentation.

Remember that the Magistrate's Court may consider cases on disputes arising from property relations, except for cases relating to inheritance issues, as well as those affecting the creation and use of results intellectual property, if the cost of the claim does not exceed 100 thousand rubles.

What consumer rights are protected by law

Legislation in every possible way protects and ensures compliance with all consumer rights, it is for this reason that the list of requirements imposed by the consumer can be quite extensive.

The issue of protection of consumer rights arises in the event of certain violations in this area:

• deficiencies were found, the presence of which the seller had no idea, due to the impossibility of establishing them during a general inspection of the goods (goods of poor quality);
• some or all of the services (works) provided, due to the shortcomings discovered during their verification, fall under the characteristic of "low quality";
• some or all of the services (works) ordered from the contractor were produced by him in violation of the established deadlines (both in relation to their beginning and in relation to the end);
• the manufacturer (seller) does not want to satisfy the consumer's requirements for repair work a failed product or its technical service;
• violations of safety requirements have been committed;
• the consumer suffered moral damage.

Watch the video. Claim procedure for consumer protection:

Written complaint before going to court

The first thing to do, and be sure to send the potential defendant a claim in writing before applying to the judicial authorities to protect their consumer rights. It is advisable to hand it over in person.

In the claim, briefly indicate the essence of the legal relationship of the parties, what kind of product (service) does not suit you, fully and clearly indicate your requirements.

Important! When making a claim, clearly set the time allotted for correcting the shortcomings. When determining this period, proceed from the concept of reasonableness.

The same requirements can then be transferred to a filed claim for the protection of consumer rights. All requirements relating to low quality goods are given in article 18 of the Law "On Protection of Consumer Rights".

It determines that the consumer, if any shortcomings in the purchased goods that are not previously agreed with the seller, are identified at their discretion, have the right to:

• demand that he replace the improper product with a similar one of the same brand;
• require him to replace the purchased goods with a similar, but different brand, with the recalculation of the cost;
• demand a reduction in the cost of the purchased goods, in proportion to the shortcomings (defects) identified in it;
• demand proper correction of the defects identified in the goods or reimbursement of the costs incurred by the consumer for their elimination (repair costs);
• demand a full refund of the cost paid for the goods, with a concomitant refusal to fulfill the KP (purchase and sale) agreement.

Remember! As for the service performed poorly by the contractor, the requirements on this issue are set out in Article 29 of the Law “On Protection of Consumer Rights”.

It is indicated here that the consumer, when he reveals the shortcomings of the work (service) produced, has the right to demand at his choice:

• immediate and free of charge correction of the discovered deficiencies in the work performed (service performed);
• proportionally reduce the cost of improperly completed work (performed service);
• to make another thing free of charge from a similar material of similar quality or to re-perform poor-quality work. At the same time, the consumer has an obligation to return the item previously received from the contractor, made to order.
• return all the funds that he spent in eliminating the shortcomings of improperly performed work (performed service) on his own or with the involvement of third parties.

02.01.2019

In what cases is a statement of claim for consumer protection applied, how to draw it up and submit it to the court, where can I download a sample statement of claim for requirements related to consumer protection?

We are all consumers of goods and services every day. This happens when we make purchases in a store or market, we ride a bus or a minibus, we repair shoes or go to a car service.

It is good when the service is provided with high quality and on time. But there are situations when you need to protect your consumer rights. If it was not possible to agree peacefully with the person who provided the service or sold the goods, you will have to go to court. We strongly recommend that you familiarize yourself with the consumer rights enshrined in the Law "On Protection of Consumer Rights".

Before filing a consumer protection claim

First of all, before going to court with a claim for the protection of consumer rights, it is necessary to serve the future defendant with a written claim against signature. The claim should briefly indicate the relationship between the parties, which product or service did not suit the consumer, and set out your requirements. The claim must establish a reasonable period for correcting the listed deficiencies. You will then set out the same requirements in your statement of claim for consumer protection.

The requirements for low-quality goods are set out in Article 18 of the Law "On Protection of Consumer Rights", which states that the consumer, in the event of defects in the goods, if they were not specified by the seller, has the right to choose:

• demand a replacement for a product of the same brand;
• demand a replacement for the same product of another brand with a corresponding recalculation of the purchase price;
• demand a commensurate reduction in the purchase price;
• demand immediate gratuitous elimination of product defects or reimbursement of expenses for their correction by the consumer or a third party;
• refuse to fulfill the contract of sale and demand the return of the amount paid for the goods.

The requirements for a service of poor quality are set out in Article 29 of the Law "On Protection of Consumer Rights", which states that the consumer, upon discovery of shortcomings in the work performed (service rendered), has the right to demand at his choice:

• gratuitous elimination of shortcomings of the work performed (service rendered);
• a corresponding reduction in the price of the work performed (service rendered);
• gratuitous production of another thing from a homogeneous material of the same quality or re-performing the work. In this case, the consumer is obliged to return the thing previously transferred to him by the contractor;
• reimbursement of expenses incurred by him to eliminate the shortcomings of the work performed (service rendered) on his own or by third parties.

Consumer protection lawsuit - filing a lawsuit

The plaintiff, when filing a claim for consumer protection, has the right to choose the court in which he will file a statement of claim. This may be the court at the location of the defendant, or the court at the place of residence of the plaintiff, or the court at the place of conclusion (execution) of the contract. If the price of the claim is less than 50,000 rubles, the statement of claim is filed with a justice of the peace, and if it is more, it is filed with the district court. Claimants in consumer protection claims are exempt.

Plaintiffs have the right to demand from persons who have violated their rights, compensation for moral damage and payment of a fine for refusing to voluntarily satisfy their claims. These payments do not affect the price of the claim, and therefore.

Information about the location of the defendant can be obtained from the Unified state register legal entities (or individual entrepreneurs) in any tax authority. This information is open to the public, upon payment of the state duty.

Sample statement of claim for consumer protection

Download sample application:

Questions on the protection of consumer rights in court

They ruined my sheepskin coat, they refuse to compensate for the damage. I did not have any documents confirming the cost of the sheepskin coat. When going to court, how to prove the price of a sheepskin coat?

Contact an appraiser or take a certificate from the store about the cost of a similar item. The best option will contact the appraiser.

76 comments to “ Consumer Protection Claim”

It often happens that when buying goods or ordering services for personal needs, the rights of a citizen are violated. If such a violation of rights is not restored out of court, then it becomes necessary to file a claim for the protection of consumer rights in court. As a rule, it is not necessary to follow the pre-trial procedure for resolving disputes of this category, with the exception of individual cases. But it is better to send the seller or manufacturer of low-quality goods to eliminate existing violations of consumer rights before going to court, in order to then be able to recover a fine for refusing to satisfy a legitimate claim. In this article we will talk about the procedure for drawing up a statement of claim, preparing required documents and the process of filing a consumer protection claim in court.

Handling with statement of claim on consumer protection to the court, it is necessary to adhere to a certain algorithm, which will be discussed below. So, in the statement of claim, it is necessary to indicate:

1. Full name of the court where the application is submitted;

2. Information about the person submitting the application, namely: name, patronymic, surname and place of residence, for feedback You should also include a contact telephone number and email address;

3. Information about the defendant: his full name, place of residence, if the defendant is an organization - indicate the name and location - the address of the activity;

4. Explanation of what you see as a violation of your rights. Circumstances on which your claims are based, and evidence supporting all of these circumstances.

5. Claims against the defendant - recovery of the amount paid, price reduction, elimination of deficiencies, compensation for moral damage, etc.;

6. Information about the pre-trial settlement of the dispute, if you sent the seller or manufacturer of low-quality goods;

7. List of documents attached to the statement of claim.

The statement of claim for the protection of consumer rights to the court must be printed and certified by the personal signature of the applicant. You can also sign your representative if you authorized him to sign the application and submit documents to the court on, which in this case is attached to the statement of claim. This requirement is established by part 4 of Article 131 of the Civil Procedure Code of the Russian Federation (hereinafter referred to as the Code of Civil Procedure of the Russian Federation).

Sample statement of claim for consumer protection in court

Documents attached to the claim for consumer protection

According to Article 132 of the Code of Civil Procedure of the Russian Federation, the following documents must be submitted along with the statement of claim:

1) a copy of the statement of claim for third parties and the defendant;

2) certifying the powers of the plaintiff's representative;

3) documents evidencing the circumstances on which your claims are based - originals and copies for third parties and the defendant. Such documents are:

• a contract of sale and a document confirming payment for the goods - a cashier's check, a bank account statement, a receipt for a cash receipt order, and others;
• contract for the provision of services or work;
• a document certifying the results of the examination of the quality of the goods;
• report on the assessment of the cost of work to eliminate product defects, etc.

4) (copy) and evidence of its sending to the defendant, the response received to the claim - if any;

5) calculation of the amount to be recovered;

6) receipt of payment of state duty.

For claims related to the restoration of consumer rights, plaintiffs are exempted from paying state duty if the amount of the claim does not exceed 1 million rubles. If the amount of the claim exceeds 1 million rubles, the state fee is paid in the amount reduced by the amount payable, if the value of the claim is 1 million rubles.

Filing a consumer protection claim in court

According to Part 7 of Article 29 of the Code of Civil Procedure of the Russian Federation, claims for the protection of consumer rights may be filed in court by the plaintiff at his choice:

• at the place of permanent registration or temporary residence of the plaintiff;
• at the place of residence of the individual entrepreneur - the defendant or at the location of the defendant organization;
• at the place of conclusion or performance of the contract.

A statement of claim can be filed with a justice of the peace if the value of the claim is not more than 50 thousand rubles. If the amount of the claim is higher, you need to apply to the district court. This procedure is established by Articles 23-24 23-24 of the Code of Civil Procedure of the Russian Federation. Claims aimed at protecting the non-property rights of consumers, claims of a property nature that are not subject to assessment, as well as claims for compensation for moral damage, are within the jurisdiction of the district court only.

After the court makes a decision on the claim, you need to wait for its entry into force at the end of the period for appeal, if it has not been appealed. The deadline for filing an appeal is one month from the day the court made its final decision. If an appeal is filed, the decision will enter into force after the court considers the complaint, unless the appealed decision is reversed. If the decision of the district court is canceled and a new decision is made, it will immediately enter into force.

Video consultation of a lawyer “How to protect consumer rights in court?”

The form of the document “Claim for the protection of consumer rights sample” refers to the heading “Statement of claim”. Save a link to the document in in social networks or download it to your computer.

To __________ District Court of __________
Applicant: Interregional Public Movement "_________" in the interests of the consumer __________.: _________________
__________________
Claimant: _________________,
native __________________
residing at: __________________

Respondent: __________________
Address: __________________

STATEMENT OF CLAIM

On the protection of consumer rights.
Claim, in accordance with Art. 17 Federal Law No. 2300-1 and art. 29 Code of Civil Procedure of the Russian Federation, presented at the place of residence of the consumer.

According to Art. 17 of the Federal Law No. 2300-1 "On the Protection of Consumer Rights" (OZPP) and Art. 333.36, paragraph 13, part 1 and paragraph 4, part 24 of the Tax Code of the Russian Federation, are exempt from payment of state duty.
In __________ year ___________ (buyer) and _______ LLC represented by CEO _________ (seller) entered into a contract for the sale of a car ___________ black issue _____ year, according to which _______ purchased the specified car at a price of _____ rubles. ________, hereinafter referred to as the Consumer, fully paid the price of the car, and the car was handed over to him under the acceptance certificate for No. ____ dated _______.
In the very first days after the purchase, the shortcomings of the car began to come to light.
So, already on the tenth day after the purchase from the car, the ignition switch was closed. The buyer __________ - hereinafter - the Consumer, turned to the defendant and the defect was eliminated free of charge, but they did not make a note in the service book of the car about the elimination of the defect.
Five days later, all the sensors on the car failed, the lighting went out, the power windows stopped working and the doors stopped automatically closing and opening - each door had to be locked and unlocked manually; there were problems with switching speed. The consumer turned to the seller again. They revealed that some electronic unit on the central lock had deteriorated and agreed to repair it again for free. At the same time, it turned out that one hundred blocks to replace the failed one were not available, in connection with which they offered to wait for the import from Moscow. The consumer agreed and at the end of February the block on the car was replaced, and the faults were eliminated. And this time in the service book they did not make a note about the repairs made.
Five months after the purchase, by the end of May, defects appeared due to the difficulty of switching the third speed, and noise appeared in the gearbox. The consumer immediately turned to the seller (respondent). They could not find out the reasons and eliminate the defect, and the consumer was offered to make repairs at the service station at his own expense. There was no response to his indignation and demands to repair the car or replace it with another non-defective one.
When I drove for about a month - by the end of June, problems arose already when switching to other speeds, and the noise of the gearbox increased. The seller this time did not even want to hear about his obligation to repair and replace the gearbox at his own expense. To the demands of _____________ to replace the car with another non-defective one or to return the money paid, they answered that they did not provide for this and it was impossible.
At the same time, the Consumer applied for repairs to the maintenance service center of the STO LLC "____________", indicated in the service book of the car and located on _______ street, _________. There, he was refused a warranty repair, referring to the fact that ________ LLC has nothing to do with the service center of the service station of _________ LLC and they have no obligations to __________ LLC.
Thus, the Consumer, having paid almost half a million hard-earned money for a car, was forced to regularly go to the defendant to repair the car for more than six months, persuade him to do this and drive a faulty car. In the end, in the end, he was forced to practically put the car on a joke, since one of the main components of the car, the gearbox, failed, it was no longer safe to drive it.
That is, from July 10 until the end of October, the car stood in the courtyard of the house without a break. She stood not only because the defendant expected to get her repaired, but I simply did not have my own money to purchase a gearbox and replace it. I hardly paid off the debts taken on the purchase of the car.
When he was already desperate and intended, being forced to replace the defective gearbox at his own expense, something even worse happened: the paint began to peel (leave) from the car. That is, the counterfeitness of the car became obvious - it was generally not painted in factory conditions and with the wrong paint.
Such suspicions were confirmed by the conducted examination. The experts in their conclusion - in the act of expert research of __________, established: a malfunction was found and the need to replace the gearbox and defects in the form of peeling paint on the car body.
That is, the experts found that the car sold by the Respondent to the consumer ____________ had significant defects that deprive the owner of the possibility of its normal operation.
After that - __________, the consumer ___________ applied to the MOU "_____________" with a request to protect his consumer rights violated by LLC "________" - the seller. He asked to demand to terminate the contract for the sale of a car ____________ black issue _____ years, payment of the penalty provided for by law and compensation for non-pecuniary damage. Or replacing a low-quality product (car) with a quality one.
On the recommendation of the MOU “____” and in order to obtain confirmation of the car sold ____________, it was LLC “_________” and the fact of its sale by him, _________, the Consumer turned to the Respondent for minor service, which the Respondent would have carried out, as evidenced by the mark in the service book.
According to the rules of art. 4 of Law No. 2300-1 "On Protection of Consumer Rights" (OZPP), the consumer has the right to purchase goods of good quality - that is, goods without any shortcomings that were not specified during its sale. And for the violation of these consumer rights, the law provides for the responsibility of the seller, manufacturer, authorized person or importer - if the goods are imported.
So, in accordance with the rules of paragraphs. 1 and 2 Art. 18 of the Law of the OZPP, the Consumer, in the event that significant defects are found in a technically complex product, to which the car belongs, as well as in the event of a delay by the seller or a person authorized by him to eliminate the defects in the goods, at his choice has the right to demand a replacement for a product of the same brand or return the goods and demand a refund of the amount paid for the goods. If the term for the elimination of defects in the goods is not specified in writing By agreement of the parties, these shortcomings must be eliminated by the manufacturer (seller, authorized organization or authorized individual entrepreneur, importer) immediately, that is, within the minimum period objectively necessary to eliminate them, taking into account the commonly used method (clause 1, article 20 of the OZPP law).
We emphasize that in relation to the goods for which the warranty period is established, the seller (manufacturer), an authorized organization or an authorized individual entrepreneur, the importer is responsible for the shortcomings of the goods, unless he proves that they arose after the transfer of the goods to the consumer due to the violation by the consumer of the rules for use, storage or transportation of goods, actions of third parties or force majeure (clause 6, article 18 of the OZPP law). That is, unlike general rules of proof provided for by Article 56 of the Code of Civil Procedure of the Russian Federation, the legislator on consumer protection cases places the burden of proving the quality of the warranty product on the seller, and it is enough for the consumer to prove only the fact that the product has a defect.
According to the requirements of paragraph 1 of Art. 19 of the Law of the OZPP: The consumer has the right to present the requirements provided for in Article 18 of this Law to the seller (manufacturer, authorized organization or authorized individual entrepreneur, importer) regarding product defects if they are discovered during the warranty period or shelf life. The car _________ was purchased from the Defendant on _________, and the seller has a three-year warranty on it. By car, it was not possible to drive even half a year.
According to the rules of art. 22 of the OZPP law: Consumer claims for a commensurate reduction in the purchase price of goods, reimbursement of expenses for correcting defects in goods by the consumer or a third party, return of the amount paid for the goods, are subject to satisfaction by the seller (manufacturer, authorized organization or authorized individual entrepreneur, importer) within ten days from the date of submission of the relevant request.

As indicated above, the Consumer turned to the Respondent with requirements to eliminate the defects revealed in the product (car) at the end of _________ year, and his requirements were ignored by the seller. Then he again turned to the seller with demands at the end of June, when the operation (use) of the car already posed a danger to life and health, demanding that the seller eliminate the shortcomings of the goods. And otherwise, demanding to replace the car with another one or return the money paid for the car. And this time, the Respondent did not comply with any of the requirements of __________. But also in the future, the Consumer's repeated appeals to the _________ District Court of the city of ___________ were left without a response. - All of these appeals were oral, but in the presence of witnesses.
__________G. __________ on the recommendation of the MOU "_____________" stated to LLC "________" the requirements already in writing, to which, to date, no action or response has followed. Prior to that, twice ________ contacted _________ LLC with a request to change the oil. The consumer is ready to immediately return the low-quality car to the seller.
In connection with the above circumstances, we draw the court's attention to the fact that, in accordance with the requirements of Art. 23 of the Law of the OZPP, the Seller, who has violated the deadlines for meeting the requirements of the consumer, pays the consumer for each day of delay a penalty (penalty) in the amount of one percent of the price of the goods. And in case of non-fulfillment of the consumer's requirements within the time limits provided for in articles 20 - 22 of the Law of the OZPP, the consumer has the right to submit other requirements at his choice, established by article 18 of this Law.
Paragraph 4 of Art. 13 of the Federal Law "On Protection of Consumer Rights" (OZPP), provides: a person who has not fulfilled or improperly fulfilled obligations in the course of business activities is liable in all cases, unless he proves that proper fulfillment was impossible due to force majeure, that is, extraordinary and circumstances unavoidable under the given conditions. At the same time, there were no extraordinary circumstances that prevented the Respondent from properly fulfilling its obligations: to sell a quality product and ensure its timely warranty repair there wasn't.
According to paragraph 6. Art. 13 of the Federal Law of the OZPP, when the court satisfies the requirements of the consumer established by law, the court collects from the manufacturer (executor, seller, authorized organization or authorized individual entrepreneur, importer) for non-compliance with the voluntary procedure for satisfying consumer requirements a fine in the amount of fifty percent of the amount awarded by the court in favor of consumer. If public associations of consumers (their associations, unions) or local self-government bodies apply for protection of consumer rights, fifty percent of the amount of the fine collected is transferred to the indicated associations (their associations, unions) or bodies.
Due to the Respondent's failure to fulfill his obligations, ___________ suffered moral suffering associated with hopelessness, uncertainty, insecurity, the need to repeatedly go to the seller of low-quality goods, beg him to fulfill his obligations, break away from his other affairs, etc., the compensation of which he estimates at _________ rubles, and according to the rules of art. 15 of the Federal Law OZPP, moral damage caused by the seller (executor) to the consumer is also subject to compensation.
Given the above, on the basis of Article.Article. 309.310, Civil Code of the Russian Federation, art. 4, 13 p.p. 4 and 6, 15, 17, 18 p.p. 1, 2 and 6, 19 p. 1, 20 p. 1, 22, 23 and 46 federal law"Consumer Protection"
I beg:
1) terminate the contract for the sale of a car ____________ black issue of _____, concluded between the consumer ___________ and LLC "_______" and recover from LLC "___________" in my favor the amount paid for the car - ___________ rubles.
2) To recover from LLC "________" in favor of __________ a penalty for the delay in fulfilling the legal requirements of the consumer at the rate of 1% of the cost of the car for each day of delay - from _______. until the date of the judgment.
3) To recover from _________ LLC ________ in favor of ____________ __________ rubles for losses associated with the need to conduct an independent examination of the car;
4) To collect from LLC "___________" in favor of _________________ compensation for moral damage in the amount of ________ rubles.
5. Collect from LLC "________" a fine in the amount of ___% of the amount collected in favor of the consumer, ___% of which should be transferred in favor of the MOD "______";