Application for phone quality check

In many court cases, a timely submitted application for an examination plays a key role in the court’s decision. The need to answer questions about certain circumstances of the case that require special knowledge implies that the parties have the opportunity to appeal to the court. And ask for research to get the answer.

The person who submitted the corresponding application must justify the need, as well as determine the type of examination in civil cases. On its own initiative, the court does not often order an expert examination. After all, it requires incurring expenses. We will describe below how to draw up an application for a general examination. The section also contains petitions for certain types of the most frequently encountered studies. The online legal consultation service is always available.

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Application for examination

Independent examination of product quality

Clothes tearing at the seams, cracking shoe soles, furniture emitting an unpleasant pungent odor, a packaged product covered in mold - all this serves as a reason to return it to the place of purchase and conduct an examination. It helps to identify deficiencies and determine the cause of their occurrence.

In general, the expert evaluates the item according to the quality parameters required for this category of goods. If a defect is detected, it gives a conclusion about the mechanism of its occurrence - factory, during transportation, due to violation of operational requirements, etc.

The return application must be accompanied by a document certifying the fact of purchase at this particular outlet. The best option is a receipt for the product, but if it is missing, you can use any other evidence - a warranty card or instructions with a store seal, testimony of witnesses, video footage in the sales area, etc.

Contents of the claim

How to write a claim for a refund for a phone so that it is as correct and detailed as possible? There are several requirements:

• find out the name of the store. It often happens that a store has one name, but the legal entity behind it has another. The receipt indicates exactly the organization that sold the mobile phone. The name of the manager or official may not be indicated: the claim for a refund will be sent to the legal department for consideration, but according to established business practice, the full name and title of the manager’s position are indicated in the header, for example, to the General Director of Seller LLC I.I. Ivanov;
• Below is information about the applicant: full name, postal address, contact phone number. The information is necessary so that the official can contact the buyer;
• after placing information about individuals, the name of the document is placed in the middle, for example, a claim for a refund for a cell phone”;
• a detailed description of the fact of purchase and identified deficiencies.

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A sample claim for a refund for a phone states approximately the following: On August 30, 2020, I purchased a Samsung smartphone, serial number 55656, from the Seller store (Torgash LLC - as indicated on the receipt). When checking the product in the store, the phone was working. After five days of use, the phone stopped receiving the network. Thinking that these problems were related to the work of the mobile operator, I changed SIM cards and waited for the day. However, the phone did not start working correctly.

The smartphone has a warranty period of 2 years. I did not violate the operating rules, I did not drop the phone, did not hit it, did not cause other mechanical damage, and did not open it.

• The next point is to correctly cite the rules of law that govern the current situation. In this case, this is Art. 18 and 22 of the ZPP Law, if the buyer demands a refund;
• the claim should describe the subsequent actions if the store refuses to return the money: going to court with charges incurred to the seller’s account, collecting moral damages, legal fees, and a fine for violating the ZPP Law and refusing to voluntarily satisfy the buyer’s demands;
• the final part is pleading. It’s called that, but, in essence, it contains a requirement to return the cost of the phone. If it was paid by card, then you should indicate the account details for transferring money. When paying in cash, the buyer will be able to receive a refund from the cash register;
• at the end of the document a date and signature are placed;
• attachments: copy of the receipt and warranty card.

Sample claim for return of a mobile phone:

Where to spend it?

The responsibility for carrying out the transaction rests with the seller or supplier to whom the item of sale/delivery was returned. As a rule, they choose their own service centers and invite the buyer to the procedure. However, the latter has the right to conduct his examination in an accredited laboratory. As such an expert point, you can use the services of the Chamber of Commerce and Industry and its regional branches.

Regardless of the location of the expert study of the presence and reasons for the defect, the second party must be notified in writing of the date, time and place of the procedure, including if the customer is the buyer himself.

Deadlines for completing the expert assessment

The time periods during which the research must be carried out directly depend on the requirements that you present to the seller:

• When you need a full refund, you are given ten days for the procedure;
• When you need to exchange products, then twenty days;
• When repairs are required, forty-five days.

The specified deadlines must be taken into account when carrying out the entire procedure as a whole, from consideration of the claim to the return of money or satisfaction of another claim. Accordingly, this will also include examination.

Violation of these periods will result in a fine of one percent of the cost of the product for each day that it is overdue.

How to do it?

Regardless of the location of the examination, the examination takes place according to the following algorithm:

• the expert carefully examines the provided goods;
• pronounces all detected defects;
• records the research procedure in the protocol;
• if necessary, performs an autopsy with this fact reflected in the documents;
• the protocol is signed by the expert, buyer and seller (or their representatives by proxy).

During the examination, the buyer has the right to ask questions, clarify points that are unclear to him, object (noting this fact in the protocol), photograph the entire process and refuse to sign the protocol with the motivation for his decision (if he disagrees with the expert’s conclusions).

What to pay attention to

You should pay attention to the following mistakes, which are most often made when drawing up a request for an examination:

• An expert organization is indicated as the recipient of the petition instead of the court;
• Information about the case in which they are asked to order an examination is not provided;
• It is not specified which party to the proceedings (plaintiff or defendant) files the petition;
• The petition is not substantiated;
• The text of the petition contains no references to specific norms of the current legislation of the Russian Federation.

Please note! In addition, the application must not contain logical errors, such as:

• lack of arguments confirming the need for an examination;
• the expert organization or expert was selected incorrectly;
• The questions addressed to the expert are formulated incorrectly.

Any of the above errors made when drawing up a petition may lead to the court refusing to satisfy it.

Watch the video. How to conduct a forensic examination correctly:

What should the application contain?

The application for examination must contain the following points:

• the name of the seller and personal data of the buyer in the header of the document;
• a brief summary of the background to the issue: purchase, reason for return, result of previous interaction with the seller;
• a requirement to conduct an independent examination of the quality of the product with a subsequent return of its cost, exchange or repair;
• dating and endorsement of the application.

and familiarize yourself with a sample application for an independent examination of the product.

Sample complaint for a defective product: how to file a complaint correctly?

Sellers often believe that checking the quality of a product can be carried out within 20 days, regardless of what requirement the consumer has made. However, these terms are only valid when we are talking only about replacing the product. Thus, it is possible to check the quality of a product within 20 days only when the consumer requests a replacement of a low-quality product.

And if he presented something else, provided for in Art. 18 of the Law requirement, then the quality check (examination) of the goods must be carried out within the time limits established by Art. 20 and 22 ZPPP.

Who pays?

The cost of the examination depends on the category of the product, the complexity of the procedure and a number of other factors. The average price range for expert services varies from five to thirty thousand rubles. As a general rule, payment is borne by the customer, but there are exceptions reflected in the table.

Thus, to conduct an independent examination of a product of inadequate quality, the buyer must contact the seller directly. The procedure and timing of the work do not depend on the location. The costs are borne by the direct customer with the possibility of their subsequent reimbursement at the expense of the other party.

Forensic examinations as evidence

The person filing the claim must substantiate the demands put forward and present to the court materials proving the legitimacy of the position taken in the case.

For this purpose, specialized knowledge in various fields of science and technology may be required. The claims made by the plaintiff can be confirmed or refuted through a forensic examination.

An expert opinion prepared based on the results of the examination will be attached to the case materials as evidence.

This document will contain answers to the questions posed to the examination. The court will independently evaluate these answers.

If there are sufficient grounds, any of the parties to civil proceedings, including third parties, has the right to demand the appointment of a repeat or additional examination, as well as insist on calling an expert to the courtroom.

Carrying out these procedural actions can radically change the course of the trial.

When and where to apply

The Civil Procedure Code of the Russian Federation does not contain rules regulating the process of filing a request for an examination.

Therefore, it can be filed at any time during the trial. Let us note that an analysis of judicial practice shows that most often these petitions are filed after the judge asks a question about whether the parties have petitions in the case under consideration.

The main thing is to file a petition before the court retires to the deliberation room.

Remember! The request for an examination is sent to the court of first instance:

• During the preliminary hearing of the case;
• During the court session, at which the case is considered on the merits, until the court retires to the deliberation room.

To the Court of Appeal:

• during the consideration of a specific case, an examination is allowed;
• The party filing a petition for an examination must prove that when the case was considered in the court of first instance, the examination was not carried out through no fault of this party, that is, for a good reason. Let us note that if a party filed a request for an examination, but the court of first instance rejected it, this is a valid reason.