has some features compared to other claims. How to prepare and submit to court consumer protection claim, you will learn from this article.

In what cases do you need to file a claim for consumer protection?

Unfortunately, consumers encounter violations of their rights quite often. Violations by a store or service provider can be expressed not only in the sale of low-quality goods or the provision of low-quality services, but also, for example, in failure to provide complete information about the product/service.

It is advisable for a consumer who is faced with a violation of his rights to first try to resolve the issue out of court. To do this, a complaint must be sent to the store or service provider describing the essence of the violation and indicating the requirements that the consumer puts forward in this regard. The claim must either be sent by registered mail with notification, or delivered to the seller’s representative in person (in this case, the recipient of the claim must make a note of its acceptance on the second copy).

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If after this, within 10 calendar days, the citizen has not received a positive response to the claim, then it is time for him to draw up consumer protection claim.

It should be noted that a citizen can skip the claims stage and immediately submit an application to the judicial authority. Preliminary filing of a claim is mandatory only in two cases:

• in case of improper provision of services by the telecom operator;
• improper transportation of cargo, passengers or luggage.

How to file a claim in court?

When compiling claim for consumer protection you need to rely primarily on the law “On the Protection of Consumer Rights” and the norms of Articles 131-132 of the Code of Civil Procedure of the Russian Federation. In particular, the text of the application must indicate:

1. Name of the judicial authority.
2. Full name and home address of the person filing the claim.
3. Full name and place of residence of the defendant (if the defendant is an individual entrepreneur) or the name and legal address of the defendant organization.
4. What was the improper performance by the seller or service provider of his duties and what rights of the consumer were violated as a result.
5. What evidence confirms a violation of consumer rights.
6. The price of the claim.
7. Consumer requirements. According to the law, when purchasing a low-quality product, the consumer may demand:

• replacement of goods;
• cost reduction;
• elimination of deficiencies by the seller;
• compensation for consumer expenses for self-correction of deficiencies;
• termination of the contract and refund of money.
  In addition, the consumer may request monetary compensation for moral damage and a fine from the defendant for refusing to fulfill a claim submitted in pre-trial procedure.

What are the rules for filing a claim in court?

Already at the preparation stage claim for consumer protection it is necessary to correctly determine the judicial body to which the claim will be sent. When determining jurisdiction, you must be guided by the following rules:

1. If the price of the claim does not exceed 50 thousand rubles, then the case is considered by a magistrate; if the value of the claim is higher - the district court.
2. The consumer independently chooses one of the possible options for filing a claim:
   • at the location of the seller/service provider;
   • at the place of conclusion of the transaction;
   • at the place of fulfillment of the obligations specified in the transaction;
   • at your place of residence or temporary location.

It is important to note that when filing a claim with a judicial authority, the consumer is completely exempt from paying state fees.

A sample statement of claim for the protection of consumer rights, taking into account recent changes in legislation. We all act as consumers of goods and services every day. This happens when we shop in a store or market, ride a bus or minibus, get our shoes repaired, or go to a car service center.

It’s good when the service is provided efficiently and on time. But there are situations when you need to protect your consumer rights. If you fail to reach an agreement amicably 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”.

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

Requirements regarding low-quality goods are set out in Article 18 of the Law “On Protection of Consumer Rights”, which states that the consumer, if defects are detected in the product, if they were not specified by the seller, at his own choice have the right:

• demand replacement with a product of the same brand;
• demand replacement with the same product of a different brand with a corresponding recalculation of the purchase price;
• demand a proportionate reduction in the purchase price;
• demand immediate free elimination of defects in the goods or reimbursement of costs for their correction by the consumer or a third party;
• refuse to fulfill the purchase and sale agreement and demand a refund of the amount paid for the goods.

Requirements regarding poor-quality services provided are set out in Article 29 of the Law “On Protection of Consumer Rights”, which states that if a consumer discovers deficiencies in the work performed (service provided), he has the right, at his choice, to demand:

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

When filing a claim for consumer protection, the plaintiff has the right to choose the court in which he will file the 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 where the contract was concluded (executed). If the cost of the claim is less than 50,000 rubles, the statement of claim is submitted to the magistrate, and above - to the district court. Plaintiffs in claims for consumer protection are exempt from paying state fees.

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

Information about the location of the defendant can be obtained from the Unified State Register of Legal Entities (or Individual Entrepreneurs) at any tax authority. This information is open to public access upon payment of the state fee.

IN __________________________
(name of court)
Plaintiff: ______________________
(full name, address)
Respondent: ____________________
(name of legal entity or
Full name of the entrepreneur)
Cost of claim: ____________________

STATEMENT OF CLAIM
on consumer protection

“___”_________ ____ I entered into a relationship with the defendant _________ (describe the beginning of the relationship with the defendant, how they were formalized, what documents were drawn up). Under the terms of the agreement, the defendant was obliged to _________ (indicate what obligations the defendant assumed). For the goods sold (service provided), I paid the amount of _______ rubles.

However, the defendant violated my rights _________ (indicate what the violation of the plaintiff’s rights by the defendant is, what actions, in accordance with Articles 18 or 29 of the Law “On Protection of Consumer Rights,” the defendant should have performed and why).

I contacted the defendant with demands to eliminate the identified deficiencies, including sending a written claim in which _________ (indicate what requirements were set out in the claim, who received it and when, what deadline was set for eliminating the identified deficiencies). The defendant did not respond to my claim within the prescribed period (or responded, but the plaintiff was not satisfied with the answer, and gave reasons why the defendant’s arguments were unfounded).

The actions of the defendant caused me moral suffering, which consists of the following _________ (list the moral suffering experienced by the plaintiff as a result of the unlawful actions of the defendant), I estimate the moral damage caused in the amount of _______ rubles.

For refusal to voluntarily comply with my demands, the defendant is subject to a fine in the amount of 50% of the amount collected by the court in my favor.

Based on the above, guided by Articles 131-132 of the Civil Procedure Code of the Russian Federation,

1. Oblige the defendant _________ (name of the defendant legal entity or full name of the entrepreneur) _________ (indicate the requirements from Article 18 or 29 of the Law “On Protection of Consumer Rights”).
2. To recover from the defendant the amount I paid in the amount of _______ rubles. (if there are demands for recovery of a sum of money).
3. To recover from the defendant compensation for moral damage in the amount of _______ rubles.
4. Collect a fine from the defendant for refusing to voluntarily satisfy the claims.

List of documents attached to the application (copies according to the number of persons participating in the case):

Copy of the statement of claim

1. Documents confirming the existence of a contractual relationship with the defendant
2. Documents confirming payment for purchased goods or services provided
3. The claim and documents confirming its receipt by the defendant
4. Documents confirming defects in goods or work performed
5. Other evidence supporting the grounds of the claim for consumer protection

Date of application “___”_________ ____ Signature of the plaintiff _______

from 05/08/2019

Courts often consider a claim for consumer protection positively. This is also due to well-developed legislation in this area and numerous judicial practices. Of course, such disputes often occur in courts. And the Law in most cases protects the consumer.

Did the purchased product turn out to be of poor quality? The contractor completed the work, but did not meet the deadline? Did the paid service not meet your expectations? Knowledge of the basics of consumer rights will help you feel confident in court, defending violated rights. And also conduct a constructive dialogue with the seller at the pre-trial stage. you will find on our website.

Do not forget that we are consumers not only when buying and selling. Legislation in this area applies to insurance, banking services, medical services, construction services (developer) and many others. When a person turns to a professional market participant for personal or family purposes. And he receives some services and benefits.

Download a sample statement of claim for the protection of consumer rights and read the recommendations of a lawyer in the field of consumer rights.

Example of a statement of claim

To Belogorsk City Court

Amur region

registered at:

676850, Belogorsk, st. Yasenevaya, 257

Tel. 894754898721

658300, Belogorsk, st. Vasilkovaya, 37.

Cost of claim: RUB 55,500.

On April 21, 2020, between me, the consumer, and Krovlya+ LLC, the contractor, contract No. 41985 was concluded for roofing work on a private house on the street until September 1 of this year. Yasenevaya, 257. Work started on June 5, 2020. Finished on August 31, 2020. I paid the defendant in full on September 1 by transferring funds to the organization’s bank account.

On September 2, I discovered that the roof was leaking water. When accepting the job, I did not and could not know about the shortcomings. The weather was sunny and clear. The work was accepted (Acceptance Certificate for Work Completed) on August 31, 2020. Thus, the work was completed with shortcomings. Which are significant, since the reason for water leakage is the use of low-quality materials. In accordance with Art. 29 of the Law on the Protection of Consumer Rights, I have the right to withdraw from the contract and demand compensation for damages.

To receive legal assistance, I turned to Pravoved LLC. Under the contract for the provision of legal services, the lawyer drew up a statement of claim for the protection of consumer rights. The cost of the service was 3500 rubles. The Contractor's actions caused me significant moral damage: from September 2, 2020 to the present, I have been experiencing significant difficulties in eliminating the consequences of poor-quality work. I incur additional expenses due to the involvement of another organization. And all this in bad weather conditions.

1. To recover from Krovlya+ LLC the cost of the work I paid for under the contract in the amount of 55,500 rubles, compensation for moral damage caused to me by the unlawful actions of the defendant in the amount of 19,500 rubles.
2. To recover from Krovlya+ LLC the costs of drawing up a statement of claim in the amount of RUB 3,500.

Application:

1. Statement of claim to the defendant 1 copy.
2. Contract No. 41985 dated 05/31/2020
3. Receipt dated September 1, 2020 for the transfer of funds under agreement No. 41985
4. Claim against Krovlya + LLC dated 09/03/2020
5. Service agreement with Pravoved LLC, copy of the cash receipt order for the deposit of funds
6. Conclusion of Otsenka Max LLC on the work performed.

Consumer rights subject to protection in court

The law is based on the need to ensure and protect consumer rights. After all, when purchasing a product, service or work, the consumer is dependent on the seller (performer). Therefore, the list of requirements in case of their violation can be extensive.

Consumer rights are violated and must be protected when:

defects in the product that were not previously agreed upon with the seller were identified (low quality);

the work or services are not satisfied with the quality;

the ordered works (services) were performed by the contractor in violation of the deadlines. At the same time, both the beginning of work and its completion;

requirements for maintenance and repair of goods are not met;

safety requirements are violated;

moral damage was caused.

What to do before going to court

We send a written claim to the seller indicating the desired procedure for restoring the violated right. Their list is contained in the Law “On Protection of Consumer Rights”. This could be a refund of money, repairs, additional work to eliminate deficiencies, etc. And if the stated requirements remain unsatisfied in full or in part, we submit a statement of claim to the court for the protection of consumer rights.

It is important to make a claim correctly. A citizen must take into account possible ways to compensate for the damage caused and protect his rights. Legal support may also be useful. Moreover, the amount per representative can be reimbursed. There are many organizations where lawyers provide assistance to consumers free of charge. Very often, the buyer and seller can resolve the dispute at the pre-trial stage without filing a statement of claim.

In addition, a citizen has the opportunity to resolve issues out of court by contacting others.

How to draw up a statement of claim for consumer protection

We are guided by Article 131 of the Civil Procedure Code of the Russian Federation (general requirements). When assessing violated consumer rights, we proceed from the content of the Law on the Protection of Consumer Rights.

The rules of jurisdiction in cases of violation of consumer rights are very flexible: the plaintiff himself chooses where to send the statement of claim. The claim is sent to the place of residence, the conclusion of the contract, the place of execution of the contract or the location of the defendant. If the cost of compensation for violated consumer rights (excluding moral damage) is estimated by the plaintiff to be more than 50,000 rubles, then the statement of claim for the protection of consumer rights is sent to the district court. If less - to the magistrate's court.

The retained documentation will help determine the extent of violated property claims and possible moral damage. Receipts, contracts, financial documents. Moral damage is assessed by the plaintiff independently.

For this category of cases, it is paid in cases where the cost of the claim exceeds 1,000,000 rubles. In other cases, the plaintiff, when filing a claim for consumer protection, is exempt from paying it.

Court consideration of claims for consumer protection

The time frame for consideration of a case depends on its nature. Simple matters: I bought a product, they refused to exchange it, they didn’t repair it, they didn’t return the money, etc. – are considered quickly enough. The total period is 2 months. First there will be a discussion (the justices of the peace call it a “conversation”). Then the main

When consumer rights are violated, it is not always possible to reach an amicable agreement with a store or service provider. Then the question immediately arises of where you can legally defend your rights. One option is to protect interests in the Rospotrebnadzor office. But its functions are limited and cannot protect against all possible problems. Therefore, the court most often becomes the final authority.

A consumer is a person who makes purchases, orders them or uses services, but does so solely for personal purposes not related to commercial gain. The relationship between the consumer and the seller (service provider) is defined in civil legislation and the Law of the Russian Federation “On the Protection of Consumer Rights”.

The purpose of our article is to tell you which court to go to for consumer protection and what the procedure for filing a lawsuit consists of.

The first step is to draw up a statement of claim

Before filing a claim in court, it is advisable, although this is not a mandatory legal requirement. An attempt to reach an amicable agreement can not only save you from legal disputes, but also provide additional evidence of the seller’s guilt.

Especially when you have a weak position (for example, you lost a contract for work, but in response to the claim the company did not deny the fact of the contract).

The form of a claim in court is not established by law, but it must contain a number of mandatory elements.

• The name of the judicial authority to which the claim is sent.
• Personal information, telephone number, residence address or temporary housing of the applicant. Provide as much contact information as possible to make it easier for court officials to find you.
• The name of the organization to which you are making a claim and its location. If there are several respondents, provide information about each of them.
• Detailed circumstances of the case and evidence (expert opinion, witness statements, etc.).
• Requirements for the defendant.
• The price of the statement of claim and a detailed calculation of the amount of the claim: this includes all expenses that the consumer had to bear plus moral damages.
• Data on an attempt to pre-trial resolve the situation (filing a claim and response from the organization’s administration).
• A complete list of attached documents that prove the legality of the applicant’s claims (checks, certificates, contracts).

Which court is it filed in?

The rules for choosing a court where the consumer intends to defend his interests are spelled out in the Civil Procedure Code of the Russian Federation and in Article 17 of the Civil Procedure Code. Consumer claims are heard by courts of general jurisdiction.

The right to choose the location of the court belongs entirely to the consumer himself, that is, there is alternative jurisdiction for such cases.

Which court hears consumer protection claims?

• The judicial authority at the place of permanent residence or temporary registration of the applicant;
• The court at the place where goods were purchased or services were concluded, at the place where the terms of the contract were fulfilled.
• The judicial authority at the registration address of the organization or at the place of residence of the individual entrepreneur.

If the defendant organization is large and the place of purchase of goods or provision of services is located far from the legal address of the main office, it is allowed to file a claim at the location of its branch or representative office where the services were provided.

Many organizations try to circumvent the rules of alternative jurisdiction using simple tricks. To do this, the contract concluded with the consumer specifies a specific judicial authority to which the buyer must contact in the event of a disagreement. However, such courts may be located very far from the consumer’s place of residence, which is why he decides not to apply for protection of his rights, since this will entail a significant waste of time and money.

The clause in the contract about a specific judicial body in the contract is illegal. It is enough to write a claim at the place of your permanent residence and additionally include in it the question of challenging this provision and recognizing it as illegal.

Information

The judge does not have the right to return a claim that challenges the jurisdiction of the case on a territorial basis. According to the law, a claim for the protection of consumer rights in which court is filed is determined only by the buyer himself.

Determining the amount of the claim

In addition to the territorial location of the court, it is important to determine which judge will hear the claim. This may be a magistrate or a district court, depending on the amount of the claim.

The price of the claim is determined by the total amount of money, which is determined in the application by the consumer himself, based on legal property claims. This amount is payable to the plaintiff if the court rules in his favor. The cost of the claim includes penalties, attorney fees, damages and personal injury. Moral damage by law is not included in the cost of the claim.

If the value of the claim is small, up to 50 thousand rubles, it is decided by the magistrate alone. If the cost exceeds this amount, the claim is sent to the district court. When a claim has multiple claims, some of which must be decided by a magistrate judge and others by district courts, the case is transferred to the jurisdiction of the district courts.

When the amount of the claim and the course of its consideration have changed during the trial, and it turns out that the case cannot be considered by the magistrate, he issues a ruling to transfer the case to the district court.

You should also contact district departments under the following conditions:

• Claims are being made for property, but it is not possible to determine the total amount of the claim;
• Demands of a non-property nature are put forward, in which it is not necessary to compensate for losses, but only to eliminate defects in the goods or services (works) provided;
• Only moral damages are required to be compensated.

What documents should I submit to the court along with the claim?

In order for a claim to be accepted in court, the following documents must be attached to it:

• Copies of the claim in an amount equal to the number of participants in the legal dispute;
• A receipt confirming the fact of payment of the state duty (it is paid only by those consumers whose claim amount exceeds 1 million rubles);
• If the law obliges the consumer to attempt a pre-trial settlement of the conflict, documentary evidence of this attempt shall be attached to the claim;
• A detailed calculation of the amount of the lawsuit with the signature of the applicant and in a number of copies equal to the number of defendants in the case and third parties;
• Documents that prove the circumstances of the application (checks, contracts, conclusions of an expert commission);
• Power of attorney to speak in court on behalf of the plaintiff (if there is a proxy).

Attention

If the consumer wishes to demand from the seller only compensation for moral damage, without property claims, then an indispensable condition for this is documentary evidence of a violation of the buyer’s rights.

Does not depend on the total value of the claim and is determined by the court. To successfully recover moral damages, it is advisable to attach medical or other certificates proving the fact of mental and moral disorder.