What to do if you are deceived in a store or market

Each of us knows what an online store is. And even more so, no one argues that shopping there is convenient and profitable. And this is not surprising - you can buy absolutely anything there, and even something that you cannot find in a regular store. However, not everyone loves online shopping, and for good reason.

Online stores often do not have the best reputation, as there is a high risk of fraud or problems with the product. In this regard, conflict situations can often arise. Sale of defective goods, refusal of service and returns, fraud - all this can be a reason for filing a complaint. In this article we will tell you how to prepare such a complaint and to whom it can be submitted.

What does a standard complaint look like?

Almost all types of complaints about an online store are identical. First of all, this is due to the fact that the claim form is very universal and fully describes both your situation and your vision for resolving it. A letter of claim always consists of three parts:

• Title;
• Information part;
• Conclusion.

Download

Sample complaint about an online store.doc

The header must indicate the address and name of the institution where the claim will be processed. After this, information about the applicant is indicated: full name, address and contacts. The information part is much more extensive. It states the reason for filing the complaint, describing in detail the requirements and their justification. The last, final part indicates the list of documents attached to the letter, the applicant’s signature and the date of submission of the application.

How to write a complaint or statement to the prosecutor's office

State only facts and arguments. Avoid emotional displays and excursions into irrelevant or unimportant circumstances.

The complaint must be drawn up as concisely as possible and only to the point. Follow the chronology of events and indicate the names of organizations, names and positions of interested persons, addresses and telephone numbers. Don’t cry and don’t try to pity the prosecutor’s office employees - they have developed an immunity to such formulations, as thick as the skin of a hippopotamus.

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The appeal is drawn up and submitted to the prosecutor's office of the district in whose service territory the event in question occurred. Submitting an application to the regional or, especially, to the Prosecutor General's Office is meaningless, since the appeal will be sent for initial consideration to the district prosecutor's office. Stylistically, the complaint consists of 4 parts.

• The so-called “head” of the document is the part in which you indicate which district prosecutor’s office you are applying to, information about the applicant and the violator of your rights.
• Motivational part - here you state your facts and arguments regarding the conflict, indicate the actions you have taken to resolve it, and the reaction of the violator. It is advisable to indicate the violated rule of law.
• In the petition part, you indicate your requirements and the prosecutorial response measures that, in your opinion, should be taken against the offender to restore and protect your rights.
• Attachment - copies of documents confirming your arguments and important for the correct resolution of your complaint.

The complaint must be signed by the complainant. Anonymous complaints are not considered by the prosecutor's office. We also recommend that you refrain from presenting false, and, especially, slanderous information. And, of course, no profanity.

It is advisable to submit a complaint drawn up in two copies to the prosecutor's office in person. Or by registered mail to the district prosecutor's office with acknowledgment of receipt and a list of the contents. 5 days after registering your complaint with the prosecutor's office or 10 days after sending your application by mail, you should call the prosecutor's office and inquire whether your complaint has been accepted for processing.

The period for consideration of citizens' appeals by the prosecutor's office is 30 days. Based on the outcome of the consideration of the complaint, you will be provided with a response in the form of a letter signed by the Deputy District Attorney's Office, sent by mail to the address specified in the application.

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If the response received is a banal reply, or its wording does not have a logical connection with the facts and arguments set out in the complaint, or you see the investigation carried out by the prosecutor’s office as incomplete and biased, you can appeal the decision to a higher prosecutor. Alas, a complaint about the response of the deputy district prosecutor will have to be submitted to his immediate superior - the prosecutor of the same district. This is how the prosecutorial hierarchy is cleverly structured. And only after receiving a written response signed by the prosecutor, if you still have the strength and desire to deal with this department, you will have the right to contact the prosecutor's office of the region or region.

Complaint about an online store to the store itself

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The very first place to file a complaint about an online store is the management of the store itself. Remember that peaceful resolution of the conflict is the simplest, fastest and most profitable. You can write a complaint to the seller in both standard and free form, because the main thing is to report the problem.

If you are going to resolve the issue peacefully, then try to contact the seller without filing a formal complaint or contacting other places. After all, do not forget that the reason that caused your dissatisfaction could arise as a result of a misunderstanding or an unfortunate combination of circumstances.

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However, if the seller does not react to you in any way, then you should take drastic measures. First, send a formal claim letter. Then wait for a response. If you are not satisfied with it or your appeal was ignored, then you have every right to involve government services to help you.

To the platform on which he trades

Most online stores don't limit themselves to just their own website. Often their products can also be found on online trading platforms such as eBay. And most of these platforms are very sensitive to how fairly and openly trading is conducted on them.

If you decide to complain about an online store using a third-party site on which it offers such goods or services, then carefully read its rules. Some online trading platforms make it clear that they have no connection with the sellers who list their products on their site. If there is such a mark, then the complaint is not valid.

If the rules of operation of the Internet platform create some obligations between it and the store, then it is worth filing a complaint. This may lead to the administration trying to resolve the conflict or somehow punish the unscrupulous seller. However, as a rule, this is not a very effective measure. But this way you can at least punish the malicious violator of trade rules.

Attention

Please note that there is no point in complaining about the Internet itself - the trading platform - your complaint will be rightly ignored. The fact is that she is in no way responsible for the seller himself, and even more so she has no obligations to buyers.

Where can I complain?

If the store management refuses to resolve the conflict, you should contact higher authorities. Their choice will depend on what kind of violations the seller committed.

Rospotrebnadzor

Violations of the provisions of the Law “On the Protection of Consumer Rights” may be grounds for a complaint to Rospotrebnadzor:

• sale of low-quality/expired products;
• unfounded refusal to return goods/money paid;
• establishment of rules at a retail outlet that contradict current legislation;
• violation of deadlines for reviewing claims, conducting examinations, etc.

For a more prompt consideration of the complaint, it is recommended to contact the territorial division of Rospotrebnadzor at the place of events. In Moscow, applications are accepted:

1. By mail to the address: 129626, Moscow, Grafsky Lane, 4, bldg. 2, 3, 4. Information about registering an appeal can be obtained on weekdays until 18:00 (on Friday until 16:45) by calling 8 (495) 687-36-08, taking into account the lunch break from 13:00 to 14:00 .
2. At the Public Reception at the specified address. In addition, territorial reception centers of Rospotrebnadzor operate in all districts of Moscow. Their addresses and contact numbers can be found at the link https://77.rospotrebnadzor.ru/index.php/upravlenie/priemnaya
3. Through an electronic form on the official portal https://petition.rospotrebnadzor.ru/petition/. If the request may become the basis for an unscheduled inspection of a retail outlet, prior authorization in the Unified Identification and Logistics system will be required.

By telephone, consumers are provided with free assistance in drawing up claims, as well as preparing statements of claim related to the protection of consumer rights.

Data for sending appeals to other constituent entities of the Russian Federation can be viewed at the link https://rospotrebnadzor.ru/region/structure/str_uprav.php

In the complaint you should indicate your full name, address and telephone number, the essence of the conflict situation, indicating the store address, seller details and the desired result. If available, you should attach documents or other materials confirming the grounds for your appeal.

The complaint is considered no more than 30 days. The author is sent a response on the substance of the questions raised. Rospotrebnadzor can organize an unscheduled inspection, issue an order to eliminate violations, and bring administrative liability. But inspectors cannot oblige the seller to return money for low-quality goods or pay a penalty. For this purpose, you should go to court, and a formalized complaint will in this case be an additional argument when filing a statement of claim.

Prosecutor's office

A complaint to the prosecutor's office would be appropriate if its basis is a violation of civil rights:

• money fraud (wrong change, miscalculation);
• forcing to pay for damage to goods caused by another person;
• fraudulent activities;
• ignoring the complaint by other authorities.

You should contact the prosecutor's office at your place of residence or registration. Addresses, telephone numbers and work schedules of departments in your city can be found at https://www.genproc.gov.ru/contacts/map/?DISTR=&SUBJ=ad.

When drawing up a complaint, you can use the sample presented above as a guide. It should be supplemented with evidence of the stated facts and any materials that are relevant to the case. The response must be received no later than 30 days. Upon contact, an inspection may be carried out at the point of sale. If this information is confirmed, the perpetrators will be held accountable, and the store management will issue a decision to fulfill the buyer’s demands (provided they are justified).

Police

The seller’s use of physical force, threats, unauthorized trading (for example, from a tray or self-equipped tent) or other criminal actions are grounds for contacting the police. In this case, you should write a statement addressed to the head of the police department with a request to conduct an inspection and bring the offender to administrative responsibility, and in some cases, initiate a criminal case.

You should contact the police department on duty, preferably in the area where the conflict occurred.

Court

The last option for protecting your rights - going to court - will be advisable if the seller fails to fulfill the promises made earlier, which gives the right to demand a penalty, as well as if compensation for material or moral damage is necessary. The claim can be filed at the place of residence or at the location of the defendant. The choice of court will depend on the cost of the claim:

• up to 100,000 rub. - world judge;
• more than 100,000 rub. - district court.

The statement of claim should be drawn up taking into account the requirements of Art. 131 Code of Civil Procedure of the Russian Federation. Copies of previously received responses from other authorities must be attached to the claim and evidence must be collected to confirm that the plaintiff is right. Depending on the circumstances, these could be:

• checks, receipts;
• bank statements;
• photo and video materials;
• witness statements;
• examination results, etc.

Payment of state duty for claims for the protection of consumer rights is not required (Article 17 of Law No. 2300-1). The average time for making a decision in a magistrate’s court in such cases is 1 month, in a district court – 2 months.

Manufacturer of goods

Another complaint that isn't very effective, but still useful. If an online store sells goods that are not of its own production, then you can create additional difficulties for it by sending a complaint to the manufacturer, i.e. to its supplier of goods. Typically, such a complaint is filed in parallel with a complaint to the store itself, and serves as a kind of indication that you are ready to seriously defend your rights. However, it is worth considering that such a claim alone will not yield anything.

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As in the case described above, you should not write a complaint addressed to the manufacturer himself, since he, again, is the supplier of the product. The online store is responsible for trade, and if it purchases goods from the manufacturer, then it must both control the quality and resolve issues of exchange and return.

Conflict resolution on the spot

The first step in the event of a conflict is to try to resolve it within the walls of the retail outlet. To do this, you can contact the manager or store administrator and report the employee’s inappropriate behavior. Large retail chains usually have a Complaints Department or a feedback form on the website, where you can also file a complaint. Another option is to ask for a complaint book (Book of Reviews and Suggestions) or take it yourself, since it must be placed in a place accessible to customers. This is a mandatory document for retail trade facilities (clause 8 of Government Decree No. 55), which must be drawn up according to established standards: contacts of management and supervisory authorities on the first sheet, numbering of all pages (so that it is not possible to delete objectionable comments).

The absence of a complaint book or refusal to provide it is an additional reason to complain to Rospotrebnadzor and bring a store employee to administrative liability under Art. 14.8 Code of Administrative Offenses of the Russian Federation.

The complaint book should indicate:

• Seller's name;
• circumstances of violation of rights;
• time, date of events;
• requirements regarding the seller;
• Contact information for feedback (optional).

The store management will have 5 days to review the request and notify the buyer. A note about its results and the measures taken is made on the reverse side of the page where the complaint was left. If the buyer left his contact details, the response should be additionally duplicated according to the specified data. Management may also ask for additional time (up to 15 days) to further investigate the circumstances and eliminate the violation.

If all acceptable deadlines have passed and the requirements remain unfulfilled, a complaint should be sent to management in writing.

Mentioning intentions to complain to higher authorities can help facilitate a more prompt consideration of the complaint and the adoption of a reasonable decision.

Submitting a written complaint is also necessary as part of compliance with the complaint procedure. It is mandatory if, upon subsequent contact with Rospotrebnadzor, it is planned to make demands for an unscheduled inspection of the retail outlet.

To Rospotrebnadzor

The most effective way to achieve justice is to file a complaint with Rospotrebnadzor. This is due to the fact that it is this public service that deals with the provision of services to the population. And it is Rospotrebnadzor that must ensure that online stores provide services correctly and in full.

An interesting feature is that when filing a complaint with Rospotrebnadzor, you will be able to operate not only with the standard provisions of the law “On the Protection of Consumer Rights”, but also with the rules of distance selling. They not only regulate the rules for ordering goods in online stores, but are also responsible for other services, such as catalog purchases.

It’s easy to write a complaint to Rospotrebnadzor - it will completely comply with the standard one. You can submit it in the same way in the usual way - by personally appearing at the nearest branch, sending it by registered mail, or by sending a citizen with a power of attorney instead of yourself to the branch.

Proceedings through the court

Often, noise litigation ends up in court. Submit a statement of claim regarding the store’s violation of the SanPiN conditions and the reasons for the harm to health.

The following must be attached to this document:

• letters sent to Rospotrebnadzor;
• noise measurements taken;
• photographs and video report of the object;
• contact independent expert organizations, and also attach the results to the claim.

The harmful effects of noise on the human body, both physical and moral, are quite difficult to prove in court. To do this, you should include a medical examination, involve the doctors who performed the diagnostics, and also collect written testimony from neighbors.

As a rule, the result of a lawsuit is a proposal by the defendant for a settlement, in which guarantees will be given to eliminate the causes of noise. Otherwise, the defendant will be held accountable according to the administrative code and fines will be imposed.

Shopping is an everyday routine that we have to deal with several times a week, and sometimes several times a day. It would seem that in our age of developed trade and electronic payments there cannot be any problems when going to the store, but in reality we have to deal with such violations as rudeness of sellers, sale of low-quality products, etc. To be ready to protect your rights, hold the violator accountable and get your money back for the defective product, you should know the basic provisions of the law “On the Protection of Consumer Rights”. And this law states that if your rights are violated, a complaint must be immediately filed against the seller.

Your first step should be to request a book of complaints and suggestions. This book should be present in every trading enterprise, and statements such as “we haven’t opened it yet”, “it’s being re-registered”, etc. should not confuse you. Not having a complaint book is a serious violation that you can use against the store. The absence of a book is a clear example of disregard for the law on the part of the enterprise, and an additional opportunity to “annoy” violators.

If you are provided with a book, pay special attention to it. Often, enterprising sellers try to slip in an ordinary notebook, passing it off as a book of complaints and suggestions. And if you leave your complaint to the seller, no one will see it. The log of complaints and suggestions can look like anything:

• Large notebook;
• Notebook;
• Notebook, etc.

But it must have a special sealing wax seal designed to protect against fraud. Each page must be numbered so that enterprising employees do not tear out the sheet with the complaint. Whether you go to a large supermarket or a small store, everything should follow a standard pattern.

Moreover, to file a complaint you must be provided with a table, chair and writing pen. All these nuances are specified in the legislation and must be strictly followed. If you have not been provided with everything you need to file a complaint, this may be an additional argument in your favor when you decide to appeal to higher authorities.

In UBEP

A very unusual claim that is filed very rarely. The fact is that the UBEP (Department for Combating Economic Crimes) deals only with issues of fraud, and very serious ones at that. Therefore, you should only go there if you have become a victim of an economic crime committed by an online store. Such violations include changing the terms of the contract or the rules for the provision of services by an online store, fraud in transfers, refusal to provide goods after payment, charging additional paid services, and much more.

In order to file a claim with the UBEP, fill out a standard complaint. It will differ in that you will need to add a description and the amount of damage you suffered as a result of the crime. You can also add a request for compensation. You can file a complaint at the nearest branch or by mail.

Attention

Please note that the complaint will definitely need to include all receipts and checks recording money transfers and payment for goods in the online store, since they will be your main evidence, and it is on their basis that you will be able to calculate compensation.

What should the buyer do?

The buyer's procedure for deception depends on the exact method in which the seller tried to deceive him.

Here are examples of the most common tricks::

• You were sold a product at a price higher than that indicated on the price tag (what to do if the price tag does not match the price?).
• You purchased expired or low-quality products.
• The cashier rang through the same item several times.
• The seller incorrectly weighed, for example, fruits or vegetables.
• You were given the wrong change.

Where to go to complain about fraud?

First, try to solve the problem on the spot by inviting an administrator . If it doesn't work out, write a complaint to management. It can be submitted in several ways:

1. Describe the problem in the book of reviews and suggestions.
2. Submit your request to the store administrator.
3. Contact the claims department.

In the second and third cases, the complaint must be written in two copies. But ask one of the copies to be stamped with a signature and keep it for yourself. The processing time for an application depends on the requirements presented by the consumer.

For example, if you want to exchange or return an item, the administration must consider the claim within 14 days.

If the buyer left a complaint in the book of reviews and suggestions, then management must respond within 5 days. A note about the decision made will be made on the reverse side of the sheet on which the claim is written. In addition, the store has the right to increase the deadline for fulfilling requirements, but it should not be more than 15 days . This is also recorded in the complaint book.

All deadlines have passed, but your demands remain unsatisfied? Proceed to the next stage - contact higher authorities. Where exactly you need to go depends on what method of deception the seller used. You can find out where to complain below.

Rospotrebnadzor Department

The department works with such violations as the sale of spoiled products, violation of the rules for holding promotions, and the provision of low-quality services.

You can leave a request at the territorial division of Rospotrebnadzor or on its official website : rospotrebnadzor.ru. Don't forget to select the region where the supermarket is located. This will reduce the actual processing time for the claim.

Department for Combating Economic Crimes

Law enforcement officers work with complaints of consumer deception (Article 14.7 of the Code of Administrative Offenses), which includes measuring, weighing and shortchanging the client, as well as misleading about the quality of the goods.

Contacting the police can be either written or electronic. Information on submitting applications is on the website of the Ministry of Internal Affairs: mvd.rf.

Prosecutor's office

It is worth contacting the prosecutor's office if consumer rights have been violated or if other authorities to which the complaint is filed are inactive. Both written and online complaints are accepted. Official website of the department: genproc.gov.ru.

Court

It is necessary to file a claim with a judicial authority if the buyer wants to recover damages. It can only be demanded in court; Rospotrebnadzor or the police cannot oblige the seller to pay compensation to the victim .

Claims in this legal area have their own characteristics. For example, the consumer is not required to pay a state fee. The statute of limitations for cases in the field of consumer rights protection is three years. After this time, the deceived buyer will no longer be able to go to court.

How to prove fraud?

A complaint to any authority, as well as a lawsuit, must be accompanied by evidence confirming the fact of deception of the consumer. They can serve as:

• Sales and cash receipts (what to do if a receipt is not issued?).
• Photos of the product, its label and price tag.
• CCTV recordings.
• Testimony of witnesses.

By the way, as Article 18 of the Law “On the Protection of Consumer Rights” indicates, the absence of a receipt is not a reason for refusal to satisfy consumer requirements . However, the more evidence the client collects and attaches, the higher the chances that the complaint will be considered in his favor.

How to write a complaint?

The writing form is free. It is important not to use slang and colloquial expressions or obscene language in your appeal - this may serve as a reason for refusal to consider the application. Basic information to be provided:

1. Addressee of the complaint : name and details of the organization, full name of the official.
2. Applicant details : full name, contact phone number, email, place of residence.
3. Name and address of the store to which the complaint is being made.
4. The essence of the appeal : describe in detail what happened, indicate the time and, if you know, the name and surname of the seller. References to laws and other regulations will only be a plus in this situation.
5. Requirements : You can demand, for example, an inspection, compensation for damage, replacement of goods, and so on.
6. Date and signature of the applicant : on the day of application.

If you submit your appeal in writing, do not forget to keep one copy for yourself - with the seal and signature of the official.

Lawsuit

If the store itself refused to help you, and government services were unable to help or their instructions were ignored, then you should file a claim in court. It looks exactly like a standard complaint. The only difference is that the “responder” field will appear in the header, in which you will need to indicate the online store data.

Remember that even if the store itself is located abroad, you may well be able to file a claim. The court will be obliged to conduct a trial, establish the fact of a violation and summon the perpetrator for trial. Then everything will depend only on you and your arguments. Therefore, we recommend that you hire a lawyer to protect your interests.

Want to complain about a store because of noise? Brief instructions

In today's realities of life, it is difficult to surprise a person if the store is located on the first and semi-basement floors of an apartment building. This often leads to conflict situations, the main cause of which is noise: industrial air conditioners, unloading and loading in the silence of the night, operation of refrigeration units, etc.

What to do in such a situation and where to go? The main destination is the same Rospotrebnadzor. The scheme of actions is the same:

• We formulate applications addressed to the main manager in the territorial department.
• We describe the current problem.
• We attach the evidence base (photos, video report).
• Indicate your request for noise measurements (necessary for further litigation).

In addition to the application, it is very important to provide evidence that will be significant when going to court. For example, these could be similar noise complaints from neighbors (class action lawsuit). It is also possible to conduct pre-trial measurements.

Important information!!! The impact of noise and vibration waves on the central nervous system and autonomic system was recorded from 40 to 70 dB. Research in this area has shown that when exposed to noise, a person’s performance decreases by 10%, the level of perception of illness increases by 15%, and the causes of insomnia are recorded in 45/100 cases.

A sample noise complaint statement can be downloaded on the portal for free:

After the application is submitted to Rospotrebnadzor, its employees set a day to measure the noise that comes from the specified facility. This procedure is carried out after coordination of actions with the prosecutor's office. The defendant or his official representative must be present during the measurement.

If the measurement shows that the standards and rules for maintaining this equipment are exceeded, an order will be issued to eliminate it. Thus, the defendant is obliged to eliminate the source of noise within the specified period.

Practice shows that these instructions are often ignored by the defendant. In this case, you should write another statement. But if this application remains unanswered and the violations are not eliminated, you can safely go to court to eliminate the equipment and receive compensation for moral and physical damage.

The complexity of the situation may be due to the lack of a response from the regulatory authority or the measurements being taken on a date other than that indicated in the response. It must be remembered that the inaction of this institution can be appealed by sending a letter to the head of the territorial unit or to the court.