Claim for a refund for services not provided

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Published: 09/04/2018

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The main regulatory document in the provision of services is the service agreement. At the state level, the provision of services to consumers is regulated by the third chapter of Law No. 2300-1 of 02/07/1992 “On the Protection of Consumer Rights”.

It is considered that the service has not been provided if:

• contractual obligations have not been fulfilled;
• the deadlines for fulfillment under the contract were violated;
• the service was provided poorly.

• Grounds for complaint
• Procedure and rules for refunding money for services not provided Rules for filing a claim
• Documents for refunding money for services not provided
• Terms and amount of return
• What to do if the service provider refuses to issue a refund

In accordance with Article 32 of the above-mentioned Law, the client can refuse services at any time, but the contractor, based on the third paragraph of Article 424 of the Civil Code of the Russian Federation, does not have the right to do so.

Is it possible to get a refund for a service not provided?

In accordance with Article 782 of the Civil Code of the Russian Federation, a contract for the provision of services can be terminated at the will of the contractor or customer. The client usually refuses services due to the fact that the executing company has delayed the deadline. It is possible that the customer changes his mind and terminates the agreement of his own free will. Let's look at how the issue of returning money is resolved in each of these situations.

If the contractor is late in fulfilling the contract

The Contractor is obliged to provide services within the time limits established by the contract (Part 1 of Article 27 of Law No. 2300-1). If he is in arrears, the client has the right to choose:

• set a new contract end date;
• entrust your issue to another person and demand reimbursement of expenses from the executor;
• make a request to reduce the cost of the service;
• refuse the contract.

If the customer cancels the transaction, he or she can count on a refund and payment of a penalty, which is calculated for each day of delay.

According to Part 1 of Article 31 of Law No. 2300-1, the client’s demand must be fulfilled within 10 days from the date of its presentation. If the executing company refuses to fulfill it, then it is obliged to pay a fine in the amount of 50% of the amount that the court will collect from it in favor of the customer. He is also required to pay compensation for moral damages.

To return funds on this basis, it is important to prove that the service was not provided through the fault of the contractor. For example, he did not begin to fulfill his obligations without good reason, significantly delayed the deadlines, and abandoned the transaction on his own initiative.

Example 1. Leontyeva I.A. turned to Real Estate Services Center LLC for services to prepare the necessary documents and support the transaction for the purchase of a one-room apartment. The consumer made a 100% prepayment. The realtor was supposed to complete the entire scope of work by March 31, 2020, but the contract for the purchase of the apartment was not concluded. Leontyeva I.A. appealed to the company with a claim to terminate the contract and return the advance payment. The realtor refused to comply with her demands, so the client went to court to protect his rights. As part of the trial, Leontyeva I.A. recovered from Real Estate Services Center LLC the funds paid under the agreement, a penalty, compensation for moral damage, as well as a fine for late execution of the claim (Appeal ruling of the St. Petersburg City Court dated November 21, 2017 No. 33-23508/2017).

If the customer changes his mind and terminates the contract on his own initiative

Law 2300-1 gives the consumer the right to refuse the transaction at any time (Article 32). In the event that the service is partially provided, he must reimburse the contractor for part of the expenses incurred in connection with the execution of the contract. If he does not have time to begin execution, he must return the advance payment in full to the customer.

These rules apply in situations where the client’s refusal of the agreement is not related to the contractor’s violation of the contract term and other obligations.

Example 2. Arsenyev I.A. entered into a loan agreement with PJSC Svyaz-Bank. Additionally, the bank connected him to the collective insurance program against accidents, illnesses and job loss. After receiving the loan within 14 days, the consumer submitted an application to the insurance organization JSC "VSK" to terminate the insurance agreement and return the insurance. He refused and recommended that he contact the bank. Arsenyev I.A. I wrote a complaint to PJSC Svyaz-Bank, but the bank did not respond to it. The consumer went to court to protect his interests. The court found that the credit institution violated the plaintiff’s right to withdraw from the contract (Article 32 of Law No. 2300-1). PJSC Svyaz-Bank was charged a fee for joining the insurance contract and compensation for moral damage (Appeal ruling of the Penza Regional Court dated 08/06/2019 in case No. 33-2821/2019).

Deadlines for filing a refund claim

A sample letter for a refund must be submitted within the time limits that comply with the Law “On the Protection of Consumer Rights”, as well as the terms of contracts for the sale of certain types of goods. Depending on the circumstances, claims must be filed within the following deadlines:

• for delivery or exchange of quality products not specified in Government Decree No. 55 - no later than 14 days from the day following the date of purchase;
• if deficiencies are identified that cannot be eliminated with repairs, you can submit an application immediately upon receipt of an expert’s opinion - in addition, after 20 days after filing the application, you must also submit a claim;
• When making claims, you must take into account the warranty periods, which differ for different products.

A sample written claim for a refund must be submitted taking into account the statute of limitations. It is 3 years from the moment the consumer learned or should have known about the violation of his rights.

How to return money for a service not provided?

The refund procedure begins with filing a claim. This procedure is established by Law No. 2300-1.

The claim must clearly state the following circumstances:

• name, location and contacts of the performer;
• Full name, address and telephone number of the consumer;
• information about the contract for the provision of services (when it was concluded, for what type of services, whether the service was provided);
• reasons for refund;
• references to legal norms.
• At the end of the document, the applicant puts a date and signature.

The claim is handed over to the contractor's employees against signature. They must affix a registration mark to the consumer's copy. If you refuse to receive a document, it must be sent by registered mail via Russian Post or courier service.

The appeal must be considered by the company's management within 10 days from the date of registration (Article 31 of Law No. 2300-1). Based on the results, a refund is made or a refusal is prepared in writing.

The Contractor must justify the reason for refusing to return the funds. If the customer does not agree with him, he has the right to defend his interests in Rospotrebnadzor or in court.

Advice! Watch a detailed video in which the managing partner of a law firm explains how to get your money back for a service that was not provided to you.

The contractor provided you with a partial service

When the contractor has already begun to provide services at the time of your cancellation of the contract, then in this case you have the obligation to compensate the contractor for the expenses actually incurred by him related to the performance under your contract.

In the event of a legal dispute, the defendant will not have to invent anything, unlike the previous situation, since it will not be difficult to prove the fact that the service was provided to you and the corresponding expenses. Therefore, in such a situation, before refusing the contract for the provision of services and demanding that the contractor return the money to you, follows:

• soberly assess the consequences of such a refusal: the volume of services provided at the time of your refusal, as well as the likely costs of the contractor to provide you with services, which he incurred and can document
• understand whether there are other legal grounds for a refund for services that do not have any negative consequences for you
• if there are other reasons, choose the best one and cancel the contract by returning the money for the service

This is also important to know:
How to draw up an act of returning goods: procedure and rules for registration

Since we are talking about a situation where the contractor began to provide services and did not violate the terms for providing the service, we do not consider the grounds associated with violating the terms for providing the service (Article 28 of the law).

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What to do if your money back is refused?

To challenge the refusal to return money for a service not provided, you must file a complaint with Rospotrebnadzor. If the consumer’s interests are not restored, you need to go to court. Let's consider both methods of protection in more detail.

How to file a complaint with Rospotrebnadzor?

The competence of Rospotrebnadzor includes issues of compliance with the requirements of Law No. 2300-1. The agency has the authority to conduct unscheduled inspections of organizations and entrepreneurs providing services to the public. If violations are detected, administrative penalties are imposed on the contractor and his employees.

Rules for filing a complaint

Inspections are carried out based on consumer requests. Therefore, to return money through Rospotrebnadzor, you must make a written complaint.

The form and content of the document are not established by the legislator. The application must be filled out in free form and must contain the following mandatory information:

• name of the territorial body of Rospotrebnadzor;
• Full name, address and contact information of the consumer;
• name of the performing company, its address and telephone number;
• description of the circumstances under the contract for the provision of services;
• the date of contacting the contractor for a refund;
• the reason for refusing a refund;
• references to legal norms that are violated by the contractor;
• request to conduct an inspection;
• list of applications;
• date and signature.

The complaint must be accompanied by a copy of the contract for the provision of services, a receipt for payment and a copy of the complaint.

Documents are submitted through the department office. They can also be sent by registered mail or through the official website.

If you have any questions while filing a complaint, we recommend that you contact an experienced lawyer. He will analyze the service agreement and help prepare an appeal.

Procedure for considering a complaint

30 days are allotted for consideration of the appeal. During the inspection, Rospotrebnadzor requests additional documents from the contractor.

If violations of Law No. 2300-1 are detected, orders are issued to eliminate them. The contractor is given a deadline for returning the money. If he ignores the department's order, he will be brought to administrative responsibility.

How to go to court?

A client who has not received money for services not provided has the right to go to court. To do this, you will need to follow the claim procedure for resolving the dispute and prepare a statement of claim.

How to file a claim?

The statement of claim is drawn up in free form. In accordance with the requirements of Article 131 of the Code of Civil Procedure of the Russian Federation, it is necessary to indicate:

• name of the court;
• name of the performing company, its location and contacts;
• Full name, address and telephone number of the customer;
• circumstances of concluding and paying for the contract;
• information about the actual provision of services;
• information about contacting the contractor for a refund;
• information about the refusal to satisfy the claim;
• links to articles of law that are violated;
• demand for damages, payment of penalties and payment of compensation for moral damage;
• list of documents;
• date and signature.

The claim is filled out in triplicate. On one, the office employee puts a registration mark and returns it to the applicant. The second is sent to the judge, the third, after the initiation of the case, is sent to the defendant.

What documents should I prepare?

The outcome of the case depends on how thoroughly the evidence base is prepared. The list of documentation includes:

• contract;
• payment documents;
• evidence that the service was not provided;
• claim;
• the contractor's response to the claim.

If the agreement for the provision of services was concluded without a contract or without a check, it is necessary to attract witnesses who will confirm that the consumer transferred money to the contractor.

How long does the case last?

After accepting the documents, the judge sets a trial date. Two months are allotted for the consideration of the case. When a dispute is considered by a magistrate, a decision is made within a month.

If the amount of claims does not exceed 1,000,000 rubles, the applicant is exempt from paying the state duty.

In what cases can the court refuse?

When making a decision, the judge examines the reasons why the service was not provided. This moment influences whether the requirements will be satisfied or not.

The claim will be denied in the following cases:

• the contractor and the customer did not enter into an agreement, its payment was not made;
• the service was not provided due to the fault of the customer;
• the consumer did not provide evidence of payment under the contract (checks, receipts, witness statements).

If, in the consumer’s opinion, the court unreasonably rejected the claim, the decision can be appealed.

How to submit an application for a refund for services to the contractor?

The completed application with attachments should be handed over to the executor in person. It is advisable to provide two copies for registration. One remains with the contractor for review, the second is stamped with an incoming stamp and the document is subsequently returned to the applicant.

If it is not possible to visit the executor’s office, documents should be sent by registered mail with notification. Upon receipt of correspondence, the notice will be dated. The notification will then be returned to the applicant, which will serve as confirmation that the application has been delivered to the addressee.

Many contractors have provided the opportunity to submit claims through the company’s official website or email. Therefore, the application can be sent and received immediately in the form of electronic documents.

Arbitrage practice

In claims for the return of funds for unprovided services, along with the main debt, the plaintiffs seek a penalty, a fine and compensation for moral damage. The courts satisfy all requests if the termination of the contract was due to the fault of the contractor. In this case, the amount of the penalty can be reduced to reasonable limits.

Example 3. Petrova E.A. filed a claim against VECTOR INT International Educational Group LLC for a refund of money for educational services not provided. The plaintiff transferred money to the defendant and sent him documents for obtaining a visa. The specific registration was not carried out within the period agreed upon by the parties, therefore Petrova E.A. I contacted the company for a refund. The defendant returned her visa documents, but did not transfer the money back. The plaintiff considered that VECTOR INT International Educational Group LLC violated the deadlines for fulfilling her requirements, so she went to court to restore her rights. Satisfying the demands, the court reduced the amount of the penalty collected by the plaintiff from 407,189 to 100,000 rubles.

Where to file a claim for a refund

The application must be submitted to the retail outlet where the product was purchased. If the sale was carried out through a representative, it is better to duplicate the application and claim to both addresses. In addition, if the preliminary application has already been refused by the seller, you can send a copy of the complaint to Rospotrebnadzor.

Note!

To avoid problems when subsequently contacting judicial authorities, a sample application from the buyer for a refund must be handed over to the seller against his signature or sent to him by mail.

A sample claim for a refund for a phone can only be submitted to the store where the device was directly purchased, even if it is a representative office of a large retail chain. The law allows for the possibility of submitting an application and a claim simultaneously to the sales representative and the parent organization.

Sample of a claim for a refund

The sample for writing a claim for a refund is not approved by law. Standard claim forms can be found on the Internet, but it is better to seek help from a professional lawyer. A sample letter of claim for a refund must contain the following points:

• name of the seller or his authorized representative;
• information about the seller indicating the address and contact phone number;
• information about the purchase and sale agreement - date, subject and purchase price, warranty period, etc.;
• the basis for making demands for replacement or delivery of the product;
• requirement for the seller to terminate the contract and transfer money to the account or give it in cash;
• date of document preparation;
• signature of the consumer or his legal representative.

Depending on the specifics of your situation, other points may be included in the text of the claim.