Time limits for consideration of a claim under the consumer protection law

Situations when purchased products or services turn out to be of poor quality or the seller does not fulfill his promises to deliver the purchased goods on time are very common.

In all cases, the buyer is protected by law and can get his money back if he makes claims in a timely manner and correctly formulates his requirements.

Refund is a standard procedure in case of non-fulfillment of obligations by the supplier. But if you return a product of inadequate quality, it is not always possible to return the money spent. But in both cases, the responsibility for collecting funds falls on the shoulders of the consumer.

Reasons for refund

The rights of consumers entering into transactions for the purchase of goods or services are protected by Law No. 2300-1 of February 7, 1992. This document regulates the legal relationship between the parties to the sale and purchase. Based on it, the buyer can:

1. Exchange products of good quality within 14 days if they do not match the color, texture, size or other characteristics. Provided that the products are not included in the special list of non-returnable goods.
2. Count on free repairs or replacement of the purchased product if the product breaks down or if defects are found in it.
3. Receive the funds spent in full or in part back.

A refund is most convenient for the client and is absolutely not attractive for the seller. And although the store does not have the right to dictate the final conditions, not all cases allow you to count on receiving money back. There is an established procedure for resolving conflict situations, which may imply that the return of funds is the only or one of the possible measures to resolve the issue.

Service not provided

Consumers choose a service provider, often focusing on advertising, price and other categories. Since the number of companies is constantly growing, it is quite difficult for the buyer to navigate this market, so the risks of choosing an unscrupulous service provider are quite high.

When agreeing on the supply of a service, the buyer in most cases makes a full or partial prepayment. And when the organization does not implement the assigned task, the person has the legal right to get his money back. Two documents can guarantee such a return:

1. The Consumer Protection Law, which stipulates this possibility.
2. An agreement signed by the parties when concluding a transaction.

The service agreement is the primary document for the buyer. This is what you should focus on when filing a claim. Firstly, it must specify specific delivery dates. If there are none, then it will be extremely difficult to prove the delay in fulfilling the agreement. Secondly, it is advisable to inquire about the guarantees provided by the seller before signing. If the document talks about the terms of return for late delivery or even the accrual of a penalty, then there is a very high probability that unpleasant incidents can be avoided. The supplier can also prove that he was unable to provide the service due to the absence or illness of the buyer himself.

If the fact of failure to provide the service on time is proven, the supplier is obliged to return the previously paid amount in full, and sometimes also pay for other material and moral damage.

Defective goods

Purchasing low-quality goods allows the buyer to return them to the seller. Article 18 of the PPA stipulates that a consumer who discovers defects in a purchased product has several options for solving this problem:

1. Replace the product with a similar one.
2. Exchange a defective purchase for another product of similar or higher price with an additional payment of the difference.
3. Demand a reduction in price.
4. Give the product for free repair.
5. Present a receipt for payment for the repairs you performed yourself and demand compensation.

A person also has the right to ask for a full refund of the amount paid for the product. Please note that claims must be submitted within the stated deadlines. Typically, these periods are determined by the duration of the warranty. If there is none, then filing claims is possible within two years, which are determined by the Law on PPP.

Evidence of identified deficiencies

In some cases, disputes may arise between the seller and the buyer about the origin of a product malfunction, then a technical examination must take place in this situation. According to Article 18 of the PPA, all costs for its implementation are borne by the seller.

If, as a result of the examination, it is determined that a defect in the product arose due to a reason for which the seller is not responsible, the buyer will have to reimburse all financial costs for such an examination.

Filing a claim

In rare cases, conflict situations between buyer and seller are resolved quickly and painlessly. Often stores are in no hurry to return money, but offer other ways to resolve the conflict, for example, repair or replacement. But we should not forget that the choice of settlement option remains with the consumer, and the other party has no right to influence it.

Properly structured tactics, which begin with filing a claim, will help you defend your demands. Some stores meet their customers halfway and not only tell them the right path of behavior, but also provide forms to write it. But in most cases, drawing up a statement falls entirely on the injured party. The applicant must not only write the claim correctly, but also serve it correctly in order to be able to prove the fact of filing.

Form and content

At first glance, filing an application for a refund is not difficult. But you should still take into account a lot of small nuances that can play a decisive role in obtaining the final result.

The text of the application is drawn up according to the following rules:

1. Information about the store that sells goods or provides services.
2. Information about the applicant. Full name, address, telephone numbers are required. You can specify your passport details.
3. Date of purchase of the product. If you have a receipt, make a link to it. You can also enter the name of the seller.
4. Details of the defect detection - how it manifests itself when it was detected.
5. Reference to Article 18 of the Civil Code as a basis for compensation.
6. Requests for the return of funds indicating the exact amount.
7. A list of attached documents proving the fact of purchase, and possibly the presence of detected defects.
8. Applicant's signature.
9. Date the claim was filed.

The claim form is not established by law, which makes it possible not to adhere to strict rules when drawing it up. There are no special templates or standardized forms for it. To complete the application, it is better to use an example. A sample document can be viewed below.

Application procedure

There are two possible ways to file a claim with the store:

1. By submitting an application in person.
2. By sending the form by letter.

Each of the points has its pros and cons. If a defect is detected, it is logical and easier to come to the store yourself. To do this, be sure to take the product itself and your identification card with you. The claim in this form of transfer is drawn up in two identical copies. One sheet is given to the seller, and the second remains with the buyer. But a person must receive a signature on his copy from a store representative that the form has been accepted for consideration. Along with the signature, the seller must put a date, which will be the starting point for the final verdict. This method is good for everyone, if the store does not refuse to accept the application.

Upon receiving a categorical refusal to take the claim from the applicant’s hands, the person must send it by mail. With such forwarding, only one form is sent, since the receipt of the registered letter is proof of the request.

Filing a claim

It is important to ensure that the form submitted is correct. To avoid mistakes, it is recommended to take a correctly formatted document and fill in the empty fields.

A completed document of a claim to court for compensation for goods that do not meet quality standards.

The fields listed at the top are:

• Name of the judicial department;

  

• Data of the defendant;
• Point of sale details;
• The amount sought by the plaintiff.
• In the middle part of the document it is necessary to indicate that the claim belongs to the category of consumer rights protection.
• The description column should list:
• Date of purchase of the product;
• Warranties and obligations given by the seller;
• The price of the product;
• What is the violation of the buyer’s rights;
• If there have been attempts to resolve the dispute outside of court, this should be indicated;
• Date of filing the claim;
• The reason for the seller's refusal to compensate;
• The plaintiff's opinion on why the seller's refusal is unfounded.

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Requirements put forward by the consumer to the store:

• Receive compensation in the amount of funds spent on associated expenses (the exact amount of associated expenses should be indicated with a detailed report for each item);
• Refund of the amount spent on the product (needs to be specified);
• Request for penalties against the store.

A claim has been filed for a refund for a product that meets quality standards.

It should be taken into account that the court department is located either at the place of residence of the plaintiff or the defendant, or at the place of registration of the retail outlet. In the case of a claim for reimbursement of funds for goods, the plaintiff is not subject to state duty, but if the amount recovered exceeds 1 million rubles, payment of duty is required. In this case, the duty will be 13.2% of the claim amount. In a magistrate's court, such claims are considered within 1 month; in a district court, consideration will take at least 2 months. The consideration period begins from the moment the claim is accepted.

The court may be located at the place of residence of the applicant, at the place of location of the store, or at the place of residence (location) of the defendant.

Payment of state duty in such cases is not provided (Article 17 of the Law). If the cost of the claim exceeds 1 million rubles, you will still have to pay the state duty.

This norm is stated in Art. 333.36 of the Tax Code of the Russian Federation. The fee will be 13,200 rubles. for 1 million of the cost of the claim.

The period for consideration of a case in a magistrate court is 1 month, and in a district court - 2 months. The period is counted from the date the application is accepted for production.

Payment form

Acceptance of a claim implies a positive solution to the requirements raised by the buyer. The application can be refused only if the examination shows that the indicated defects are not manufacturing defects, but were acquired as a result of improper use of the product.

After the fact of the return of funds has been agreed upon, the seller is obliged to transfer them to the buyer within the established time frame. The form of the reverse charge depends on how the payment was made. In most cases, amounts are returned in the same way as they were received. If we are talking about non-cash payments, then the money is transferred to a bank card. And in case of cash payment, they are handed over to the applicant on the specified day.

In cash

Non-cash payments are promoted everywhere, appealing to the ease of use of the card and other opportunities that it opens up for the holder. But when it comes to claim disputes regarding the return of funds, cash payments turn out to be more convenient and profitable for both the consumer and the store. The only drawback with such a payment is the wait for the required amount of funds to be collected. This problem can be encountered in small shops that do not have a large enough turnover.

To get cash back, the buyer must contact the store with a claim. The seller makes a decision to return the payment and sets a return date, based on the PPA Law.

Application rules

Consumer rights laws do not provide for specific forms of filing a claim against a seller. Presentation in a free style is allowed, subject to the standards for drawing up business documents. Required items to be specified:

Consumer passport data:

• Name, tax details of the store;
• Free retelling of the terms of purchase;
• A list of reasons why the buyer wishes to make a return;
• The amount the buyer expects to return;
• Date at the time of drawing up the document, signature of the compiler.

After consideration of the claim, an examination will be appointed. If the deformations covered by the warranty are confirmed, the consumer will win the dispute, after which the procedure for returning money for the product will begin.

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To a bank card

Returning money through a bank to a plastic card is a slightly more complicated procedure. However, little changes for the buyer. But a significant drawback of this type of payment is the time it takes for funds to be received at personal disposal.

When transferring money spent non-cash, the reimbursement procedure takes place in several stages. Funds are returned not from the cash desk, but from the account of a legal entity to the bank account of an individual. The procedure is carried out under an acquiring agreement, which is concluded between a banking organization and a trading enterprise. Although amounts are debited from the store's account in a timely manner, they may take up to 30 days to reach the recipient's account. These deadlines are stipulated by law. It is not possible to make a reverse payment in cash, as this is considered a cash withdrawal and threatens legal entities with serious consequences.

Return period

In accordance with the Consumer Protection Law, the buyer must return the funds paid within 10 days. The starting point is determined by the moment when the seller recognizes the claim as justified and undertakes to return the money. If an official response is not given, then the time is calculated from the end of the period allotted for consideration of the application.

The repayment period is indicated in calendar days, but there are no obstacles to making payments in shorter periods of time. Usually, if a legal entity recognizes the client’s right to receive the amount back, the money is issued fairly quickly. If the amount is not returned within the specified period, the consumer may demand a penalty in the form of a penalty for each day of delay, but such issues can only be resolved through the court.

What to do if you refuse

Often, for one reason or another, the seller refuses to accept a return application or gives a negative answer after considering it. In both cases, the consumer can ask a third party to review the situation again.

Arbitrators in disputes of this type can be:

1. Rospotrebnadzor.
2. Court.

Where to turn first is decided by the person himself. There are no obstacles to opening legal proceedings without first resolving issues with Rospotrebnadzor.

Complaint to Rospotrebnadzor

It is more convenient and easier to contact Rospotrebnadzor to make an independent verdict than to go to court.

Often the problem is resolved at this stage, which avoids the hassle of filing and litigating lawsuits.

A pre-trial claim can be submitted in several ways:

1. In person, by contacting the territorial office of Rospotrebnadzor.
2. By sending a written request by mail.
3. By filling out an application online on the official website.

The method of handling complaints is the same for all types of filing. After receiving the application, Rospotrebnadzor has 30 days to respond. It is always given in writing and is the official position of the organization.

Going to court

Going to court is the most effective measure to assert your consumer rights, but it is also the most labor-intensive. To initiate consideration of a case in court, the injured party must draw up and submit a statement of claim. In this case, the applicant is obliged to prove the fact of pre-trial settlement of the dispute. This is an officially submitted claim to the store. If there is no evidence of its filing, then you will not be able to go to court.

In the claim, the applicant substantiates the reason why he had to complain, supporting it with documents. The presence of an independent examination proving the fact of a manufacturing defect will be a huge plus. In addition, you should attach receipts for the purchase or otherwise prove that it was made in this place at the specified time. The application is of a material nature, so it should be stated exactly how much money is required from the defendant, breaking down the amount into the original price and penalties.

Satisfaction of the plaintiff's demands depends on the facts presented by him and the availability of evidence.

How to file a lawsuit

If you have correctly completed the application for a refund or exchange, have complied with all legal deadlines and rules, but the seller still refuses to satisfy the claim, go to court.

A good step would be to consult a lawyer before doing this.

Proof of your position in court is a correctly drawn up return application and a written document from the seller refusing to satisfy the application.

Other documents that may be needed in court:

• Documents confirming the purchase of goods (receipts, contracts).
• An invoice confirming the delivery of goods to the seller for inspection.
• Information about additional costs (credit, delivery).
• Pre-trial claim to the seller (if any).

To correctly file a claim in court, you should follow the following rules:

• The defendant in court will not be the individual who sold you the product, but the entire company or enterprise. Therefore, collect all the information about the seller in advance; it is located on the company’s information stand or on the Internet.
• Be sure to refer to laws and regulations that may support your requirements.
• List all documents attached to the claim. Only their copies will be used in court.
• If you have lost your receipt for a purchase, collect any available evidence of purchase. It's difficult, but possible.

Results: it is quite possible to return money for a quality product. You have 14 days from the date of purchase to submit your application.

If the store refuses to satisfy the application for any reason, go to court with an appropriate claim.

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