Sample application to the consumer court. Procedural features of the consideration of cases. Statement of claim for payment of two times the price of a damaged thing, payment of a forfeit and recovery of a fine

How to write a lawsuit in court. How to write a statement of claim to the court?

A statement of claim is a procedural document

in which the consumer (plaintiff) describes his requirements for the second party (respondent), while indicating on what legal basis he makes these demands.

Such statements always have their own form and clear requirements are imposed on them by procedural legislation.

If you do not comply with them

the court will return the statement of claim to you and will not consider it.

Articles 131 and 132

Of the Civil Procedure Code of the Russian Federation contain these requirements.

The statement of claim is a rather complex procedural and document, and it would be more correct to contact a professional lawyer for its preparation.

At the same time, the lawyer

Should specialize in consumer protection cases

If you want to save

on a lawyer, then you can not pay him for the conduct of the case in full.

If you decide

act independently, then this article will help you with this.

To file a claim before filing a claim?

Before filing a claim

The question arises about the need to send a pre-trial claim.

This is not mandatory from a legal point of view, with a few exceptions.

That is, you can

Without sending a claim in advance to your counterparty, immediately prepare and file a claim in court.

This will give the judge another reason to leave your claim motionless.

No movement is

when the judge does not accept the claim for the proceedings of the court, while indicating in the relevant ruling what needs to be corrected in it.

These instructions of the judge are not always legal, but it is inappropriate to argue with this, since the procedure for appealing against the illegal determination of a judge will take 1.5-3 months.

Therefore, before filing a claim

you need to prepare and send a claim to the defendant

The claim must be made on the same legal basis and contain the same requirements that you will indicate in the statement of claim.

If a claim is filed and a refusal is received or it is ignored, then you can start preparing a claim.

A claim is suitable for the basis of a statement, but in a claim all details are described from a third party.

How to write a statement of claim

Start writing a statement with a header - indicate the judicial authority you are applying to, indicate your last name, first name, patronymic, as well as the name of the defendant with addresses and, preferably, valid telephones and (or) e-mail addresses.

The price of the claim is also indicated here, which we will talk about below.

In the narrative

you state the factual circumstances of the case - about the conclusion of the contract, payment, performance of obligations.

Then go to the part where the obligations are not fulfilled or performed improperly.

for instance

you have been sold a substandard product. Or they built a house, but did it in violation of the deadline for transferring the object. You also describe these circumstances.

In the absence of legal knowledge

you can write general wording and norms - for example, refer to the consumer protection law. It is best if you provide several relevant articles.

After the links, usually there is a calculation of the price of the claim, for example, a forfeit, if you ask the court to recover it.

It is important for a judge to understand

where does the exact amount that you claim comes from, is it calculated correctly.

You will save time for yourself and for other participants in the process if you describe in detail how you got exactly the amount that you indicate.

Moral injury

The next part is usually a listing of moral (moral) suffering and their material expression in the form of a certain amount of compensation.

In cases of consumer protection, moral damage does not need to be specially proven. The Supreme Court clarified that if the court finds a violation of your consumer rights, then this automatically means that you have suffered moral harm.

The pleading part of the claim

it is important to understand that this is the most important part of a claim.

How you frame your requirements is very important.

In our practice

there were cases when consumers themselves wrote claims and they were refused precisely because the requesting part of the claim was formulated incorrectly.

If the court satisfies your claims from the pleading part of the claim, then they must meet the requirement of enforceability.

That is, if you demand to oblige the defendant to eliminate the shortcomings of the product or service (work), then it is necessary to specify exactly which shortcomings and how they should be eliminated.

Otherwise, the bailiff

will not be able to control and ensure the execution of such a court decision.

The petitioning part consists of several points - the principal amount goes first, then the forfeit, your losses, then compensation for moral suffering and a fine. The punishment for refusal to satisfy the claim should be determined by the judge, regardless of whether you indicate such a claim in your claim or not, however, current realities show that it is best to indicate this in a separate paragraph.

After the pleading part

you need to list the attachments to the statement of claim. Applications must be collected both on the basis of the text of your application and in accordance with procedural legislation. For example, you should definitely attach a contract, proof of payment for goods or services, confirmation of compliance with the pre-trial order.

When you're done

with the pleading part, it will be necessary to calculate the cost of the claim.

It consists of the sum of the main claim and the forfeit. Everything else is not included in the price of the claim.

since the size of the state duty depends on the price of the claim, which we will talk about below.

Having prepared all of the above, all that remains is to put your signature.

Sample Statement of Claim on Consumer Protection

✎ Download a sample in .doc format

________________________________
(Enter the name of the court, for example,
Vyborgsky District Court of St. Petersburg
or the Justice of the Peace of the Judicial District No. 1 of St. Petersburg)

Plaintiff: ___________________________
The address:___________________________
Address for court notices: _____
Tel .: ____________________________

Defendant: ___________________________
(Indicate the name of the respondent, for example,
LLC "Priority" or IE Ivanov Alexander Sergeevich)
TIN: _____________________________
The address:___________________________

Claim price: ___________ rubles

Jurisdiction: the district court (or magistrate) at the place of residence of the plaintiff (clause 7 of article 29 of the Code of Civil Procedure of the Russian Federation, clause 2 of article 17 of the Law of the Russian Federation "On Protection of Consumer Rights")

State duty: exemption from payment (333.36 of the Tax Code of the Russian Federation, clause 3 of article 17 of the Law of the Russian Federation "On Protection of Consumer Rights")

STATEMENT OF CLAIM

Between me and LLC "______________________", a sale and purchase agreement of __________________________ was concluded (indicate the name of the goods), worth _____ rubles.

In confirmation of receipt of payment for the goods from me, I was issued a sales receipt No. 623754 dated __. __. 2016 for the indicated amount.

After transferring the goods to me, during operation I discovered a defect that was not specified by the seller, namely: ___________________________ (describe the discovered defect).

The presence of a defect in the product in accordance with clause 1 of article 18 of the Law of the Russian Federation "On Protection of Consumer Rights" is the basis for returning goods of inadequate quality to the seller with a requirement to return the amount paid for it.

Concerning __. __. In 2016, I handed over to the seller's representative a claim demanding the return of the money paid for the goods of inadequate quality. Simultaneously with the claim, the goods were transferred, which is confirmed by the corresponding entry of the seller's representative on the copy of the claim.

In accordance with Article 22 of the Law of the Russian Federation "On Protection of Consumer Rights", the requirement to return the amount of money paid for the goods is subject to satisfaction by the seller within 10 days from the date of the corresponding request.

Thus, the __ presented by me in the claim. __. 2016 the claim was subject to satisfaction no later than __. __. In 2016, however, neither within the specified period, nor up to the present time, this requirement was satisfied by the defendant.

According to clause 1 of article 17 of the Law of the Russian Federation "On Protection of Consumer Rights", consumer protection is carried out by the court.

Since, on a voluntary basis, my legal claim for the return of the claim paid for the goods of inadequate quality was not satisfied, I am forced to apply for the protection of my violated right with this claim in court (to the magistrate).

According to clause 1 of article 23 of the Law of the Russian Federation "On Protection of Consumer Rights" for violation of Art. 22 of this Law of the term for satisfying the consumer's claim for the return of paid for goods of inadequate quality Money the seller who has committed such a violation shall pay the consumer a penalty (penalty) in the amount of one percent of the price of the goods for each day of delay.

Thus, for violation of the deadline for meeting my consumer demand from __. __. 2016 on the return of the money paid for the goods from the defendant, a forfeit in the amount of ___________ rubles is subject to recovery from the following calculation.

CALCULATION OF FAILURE:

Product price / 100 (1% of the product price) = X rub. for every day of delay

For the period from __. __. 2016 to __. __. 2016 (date of filing the claim) Y days

X * Y = _________ rubles

According to paragraph 34 of the Resolution of the Plenum The Supreme Court RF dated June 28, 2012 N 17 "On the consideration of civil cases by courts in disputes on consumer protection" the application of Article 333 of the Civil Code of the Russian Federation on consumer protection cases is possible in exceptional cases and at the request of the defendant with the obligatory indication of the reasons why the court believes that a reduction in the amount of the forfeit is acceptable.

According to article 15 of the Civil Code of the Russian Federation, a person whose right has been violated can demand full compensation for losses caused to him, if the law or contract does not provide for compensation for losses in a smaller amount. Losses are understood to include expenses that a person whose right has been violated has made or will have to make in order to restore the violated right.

For the purpose of fulfilling the obligation established by 132 of the Civil Procedure Code of the Russian Federation to attach to the statement of claim documents confirming the circumstances on which the plaintiff bases his claims, I turned to the expert organization ________ LLC to draw up an act of inspection of the goods and fix the presence of defects in it.

Based on the results of the inspection carried out by the expert, the Atk of the inspection was drawn up from __. __. 2016, confirming the presence of defects in the product discovered by me.

The costs of drawing up by an expert an act of inspection of goods of inadequate quality amounted to ____ rubles, which is also confirmed by the concluded contract, the act of work performed and the cash register receipt.

In addition, in order to restore my violated right, I incurred the costs of providing me legal aid for the current situation: oral consultation lawyer and drawing up a statement of claim in the amount of ____ rubles.

Payment of the specified amount is confirmed by the concluded contract, the act of work performed, the receipt to the PKO of payment.

Also, monetary compensation for moral damage caused to me by violation of my consumer rights is subject to recovery from the defendant.

According to Article 15 of the Law of the Russian Federation "On Protection of Consumer Rights", moral harm caused to the consumer as a result of violation by the seller of consumer rights provided for by laws and regulations Russian Federation regulating relations in the field of consumer protection, is subject to compensation by the inflictor of harm in the presence of his fault. The amount of compensation for moral damage is determined by the court and does not depend on the amount of compensation for property damage. Compensation for moral damage is carried out regardless of compensation for property damage and losses incurred by the consumer.

According to clause 45 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of June 28, 2012 N 17 "On the consideration of civil cases by courts in disputes on the protection of consumer rights" when the court decides on compensation for moral damage to the consumer sufficient condition to satisfy the claim is the established fact of violation of consumer rights. The amount of compensation for moral damage is determined by the court regardless of the amount of compensation for property damage, in connection with which the amount of monetary compensation recovered in compensation for moral damage cannot be made dependent on the value of the goods (work, service) or the amount of the forfeit to be collected. The amount of compensation for moral damage awarded to the consumer in each specific case should be determined by the court, taking into account the nature of the moral and physical suffering inflicted on the consumer, based on the principle of rationality and justice.

In this case, the moral harm caused consists in moral suffering, expressed in the experience of negative emotions by me: feelings of disappointment, resentment and humiliation, caused both by the inadequate quality of the goods, and by the seller's dissatisfaction with my legal requirement to return money for it and the need to spend my time on repeated trips to lawyers for legal assistance, the need to go to court (to the magistrate), constant worries about waiting for my money back or not, the need to be puzzled by the search for another similar product and similar emotions.

I believe that, taking into account the circumstances of a particular case, reasonable compensation for the moral damage caused to me will be a sum of 10,000 rubles.

According to clause 6 of article 13 of the Law of the Russian Federation "On Protection of Consumer Rights", when the court satisfies the consumer's requirements established by law, the court collects a fine from the seller for non-compliance with the consumer's requirements on a voluntary basis in the amount of fifty percent of the amount awarded by the court in favor of the consumer.

In this regard, the defendant, upon satisfaction by the magistrate of this claim, is also subject to a fine for failure to voluntarily comply with the satisfaction of the consumer's claims in the amount of fifty percent of the amount awarded by the court in favor of the consumer.

On the basis of the above,

I BEG

To collect from the Limited Liability Company "_________" in favor of __________________________________ (indicate the full name of the plaintiff) a sum of money in the amount of __________ rubles for goods of inadequate quality;

To collect from the Limited Liability Company "_________" in favor of __________________________________ (indicate the full name of the plaintiff) a penalty in the amount of ___________ rubles;

Collect from the Limited Liability Company "_________" in favor of __________________________________ (indicate the name of the plaintiff) monetary compensation for moral damage in the amount of 15,000 rubles;

To recover from the Limited Liability Company "_________" in favor of __________________________________ (indicate the full name of the plaintiff) losses in the amount of ___________ rubles for payment of expert services;

To recover from the Limited Liability Company "_________" in favor of __________________________________ (indicate the full name of the plaintiff) a fine for non-compliance with the voluntary order of satisfying the consumer's claim in the amount of 50% of the amount awarded by the magistrate in favor of the consumer.

CALCULATION OF THE PRICE OF THE CLAIM:

Rub. the price of the product

Rub. damages costs of expert assistance

Rub. damages legal aid costs

Rub. penalty for violation of the deadline for satisfying a claim

Total: _____________ rubles

List of applications:

Copy of the plaintiff's passport .;

Extract from the Unified State Register of Legal Entities in respect of the defendant;

Sales receipt No. 623754 dated __. __. 2016;

Claim from __. __. 2016;

The act of expert inspection of goods from __. __. 2016;

Expert Services Agreement __. __. 2016;

Cashier's check No. __ from __. __. 2016;

A copy of the agreement on the provision of legal services No.__ dated __. __. 2016;

A copy of the receipt to the PKO dated __. __. 2016;

Certificate of completion __. __. 2016;

A copy of the statement of claim with attachments that he does not have for the defendant.

Plaintiff's signature

Consumer Benefits for Claiming

The current legislation establishes indulgences for relations between a citizen and an entrepreneur.

So, when you go to court with claims of less than one million rubles, you will be exempted from paying the state fee. This provision makes it possible to ensure access to justice for all categories of citizens.

If the cost of the claim exceeds 1 million rubles, it is better to file a claim through the Society for the Protection of Consumer Rights, which is completely exempted from incurring legal costs.

Then you don't have to pay anything.

Why then indicate the price of the claim, you ask.

We answer

The price of the claim determines the jurisdiction. So, cases up to fifty thousand rubles are considered by justices of the peace. Everything that is above is regional.

That is why

if calculated incorrectly, you can "miss" the judicial authority and get your claim back.

In addition, including in the price of the claim, for example, the amount of compensation for moral damage, which is always subjective and can amount to hundreds of thousands of rubles, a person can file a claim in violation of the rules of jurisdiction at the cost of the claim.

Second benefit

This is an opportunity to go to court at the place of residence of the plaintiff.

This was also done to ensure the availability of justice for citizens - consumers.

Since the seller may be located outside the subject where the person lives, it can be very expensive to travel to the other end of the country to participate in court hearings.

Having the opportunity to go to court at the consumer's place of residence, a guarantee of judicial protection of the economically weaker party is realized.

Filing a statement of claim with a court

There is nothing difficult here and there are several options for how you can do it.

The main thing is to decide how it is more convenient for you to do this.

First option

the simplest one - you print out the claim with all attachments in triplicate - one for the court, the second for the defendant, the third remains in your hands.

Come to the court and submit a statement of claim with attachments to the reception office of the court, where they put a mark on acceptance and transfer the documents to the court apparatus, after which a court session is scheduled and you are notified of the date and time of the session.

Please make sure that you have a valid phone number in your application.

Second option

by post. With such a filing, you need to print copies only for the court and the defendant, with all attachments, as well as in the first option.

Then go to the post office and send a letter to the court. It is advisable to send it by registered mail so that you can track the receipt of the shipment to the court.

The third option

You can submit documents electronically using the portal "GAS Justice". This site contains all federal courts (i.e. district, justices of the peace are not connected to this system).

This option of filing is the most convenient both in terms of not having to go and stand in line in court or at the post office, as well as save on printing out many documents.

Time limit for accepting a claim

Usually, a claim is handed over to a judge no later than 5 working days from the moment it is submitted to the court, but the appointment of a meeting is at the discretion of the judge - based on the schedule of already scheduled meetings.

2 months maximum

Rejected by law for consideration of the case, during which the case must be considered by the court on the merits and a decision made.

First, the judge will schedule a preliminary hearing in preparation of the case for trial, which is largely organizational in nature.

Trial

Will be appointed by a judge after he considers the case to be sufficiently prepared for consideration on the merits.

3-6 sessions

On average, it takes a court to hear a consumer protection case.

Statement of claim

an important and rather complex procedural document, the preparation of which is better to entrust to a professional.

16. The subjects of appeal to the court in cases of disputes on the protection of consumer rights are: citizens of the Russian Federation, Foreign citizens and stateless persons; the prosecutor; the federal executive body authorized to exercise federal state supervision in the field of consumer protection, and its territorial bodies, as well as other bodies in cases established by law (hereinafter referred to as the authorized bodies); organs local government; public associations of consumers (their associations, unions), having the status legal entity.

17. A citizen registered as individual entrepreneur, has the right to apply to a court of general jurisdiction for protection under transactions concluded by him with the seller (performer) in the sale of goods (performance of work, provision of services) exclusively for personal, family, household, household and other needs not related to his entrepreneurial activities.

18. In case of termination state registration a citizen as an individual entrepreneur, in particular in connection with the expiration of the certificate of state registration or the cancellation of state registration, the consumer has the right to apply to the court to the specified person with the requirements related to the previously carried out activities for the sale of goods (performance of work, provision of services) ...

19. Cases on applications for the liquidation of a manufacturer (executor, seller, authorized organization, importer) or for the termination of the activities of an individual entrepreneur (authorized individual entrepreneur) for repeated (two or more times within one calendar year) or gross (resulting in death or mass disease, poisoning of people) violation of consumer rights (subparagraph 7 of paragraph 4 of Article 40 of the Law on the Protection of Consumer Rights), filed by officials of the authorized body, are subject to the jurisdiction of a court of general jurisdiction.

20. In accordance with both the Code of Civil Procedure of the Russian Federation and the Law on the Protection of Consumer Rights, a court of general jurisdiction has jurisdiction over cases on claims of prosecutors, authorized bodies, local government bodies, public associations of consumers (their associations, unions), having the status of a legal entity, against the manufacturer (seller , contractor, authorized organization or authorized individual entrepreneur, importer) filed in defense of the rights and legitimate interests of an indefinite circle of consumers.

In defense of the rights and legitimate interests of an indefinite circle of consumers, the specified persons can only state claims, the purpose of which is to recognize the actions of the defendant as unlawful or to stop the unlawful actions of the defendant (Civil Code of the Russian Federation, the Law).

21. Authorized bodies, local self-government bodies, public associations of consumers (their associations, unions) having the status of a legal entity, in order to carry out their statutory activities, have the right to apply to the court in defense of the rights and legitimate interests of a particular consumer (consumer group) only if they exist. the corresponding request (s) expressed in the complaint (s), filed (submitted) in writing.

22. In accordance with paragraph 2 of Article 17 of the Law on the Protection of Consumer Rights, statements of claim in this category of cases are submitted to the court at the place of residence or stay of the plaintiff, or at the place of conclusion or execution of the contract, or at the location of the organization (its branch or representative office) or at the place of residence of the defendant who is an individual entrepreneur. The courts are not entitled to return a statement of claim with reference to paragraph 2 of part 1 of Article 135 of the Code of Civil Procedure of the Russian Federation, since by virtue of parts 7, 10 of Article 29 of the Code of Civil Procedure of the Russian Federation, the choice between several courts, which has jurisdiction over the case, belongs to the plaintiff.

The exception is claims arising from the carriage of goods (Civil Code of the Russian Federation), as well as claims in connection with the carriage of a passenger, baggage, cargo or in connection with the towing of a towed object by inland waterway transport (paragraphs 1 and 2 of Article 161 of the Code of Inland Water Transport of the Russian Federation), presented to the court in accordance with part 3 of article 30 of the Code of Civil Procedure of the Russian Federation at the location of the carrier, to which the claim was filed in accordance with the established procedure.

The court is not entitled to return a statement of claim containing a claim against the carrier (with the exception of persons navigating on inland waterways) of a passenger and (or) baggage, which is filed according to the rules of jurisdiction established for claims for the protection of consumer rights, including in connection with with the implementation of charter air transportation of passengers as part of the execution of an agreement on the sale of a tourist product.

23. Before filing a statement of claim with the court, a mandatory claim procedure for resolving disputes is provided for in the event of non-fulfillment or improper fulfillment by the communications operator of obligations arising from the contract for the provision of communications services (paragraph 4 of Article 55 Federal law No. 126-FZ dated July 7, 2003 "On Communication"), as well as in connection with the carriage of a passenger, baggage, cargo or in connection with the towing of a towed object by inland waterway transport (clause 1 of Article 161 of the Code of Inland Water Transport of the Russian Federation).

Failure to comply with this rule is the basis for the return of the statement of claim with reference to paragraph 1 of part 1 of article 135 of the Code of Civil Procedure of the Russian Federation.

24. Cases on disputes over the protection of non-property rights of consumers (for example, in the event of a refusal to provide the necessary and reliable information about the manufacturer), as well as a claim of a property nature that cannot be assessed, as well as a claim for compensation for moral damage are within the jurisdiction of the district court (Article 23, Code of Civil Procedure of the Russian Federation).

25. Applications of a prosecutor, an authorized body, a local self-government body, a public association of consumers (their associations, unions) having the status of a legal entity on the protection of the rights of an indefinite circle of consumers are considered by the court in compliance with general rules the jurisdiction provided for in Article 28 of the Code of Civil Procedure of the Russian Federation - at the location of the defendant.

The statements of these persons, filed in defense of a specific consumer or a group of consumers, are submitted to the court in accordance with the rules on alternative jurisdiction (part 7 of article 29 of the Code of Civil Procedure of the Russian Federation, paragraph 2 of article 17 of the Law on the Protection of Consumer Rights).

26. If the claim is filed with the court by the consumer in accordance with the terms of the agreement on jurisdiction concluded by the parties, the judge is not entitled to return such a claim with reference to paragraph 2 of Part 1 of Article 135 of the Code of Civil Procedure of the Russian Federation.

The judge is not entitled, referring to paragraph 2 of part 1 of Article 135 of the Code of Civil Procedure of the Russian Federation, to return the statement of claim of a consumer challenging the terms of the agreement on the territorial jurisdiction of the dispute, since by virtue of parts 7, 10 of Article 29 of the Code of Civil Procedure of the Russian Federation and paragraph 2 of Article 17 of the Law on the Protection of Rights of consumers, the choice between several courts, which have jurisdiction over the case, belongs to the plaintiff.

27. The authorized bodies carrying out the duties assigned to them to protect the rights and legally protected interests of consumers, and local self-government bodies, before the court makes a decision on the case, may enter into the case on their own initiative or on the initiative of the persons participating in the case, and are also involved in participation in the case by the court as authorized bodies entering into the process in order to give an opinion on the case (

In the _________________________ SOURCE: _________________________ Third parties on the side of the plaintiff: _________________________ RESPONDENT: _________________________ Third parties on the side of the defendant: _________________________ Cost of the claim: _________________________ rubles. A statement of claim on the protection of consumer rights related to the sale of low-quality goods _________________________ the plaintiff _________________________ acquired _________________________ from the defendant _________________________, costing _________________________ rubles, as evidenced by the cashier's receipt No. _________________________ from _________________________. There is no warranty period for the purchased product. _________________________ the plaintiff _________________________ found that the purchased goods - _________________________ - were of inadequate quality, namely _________________________. _________________________ the plaintiff _________________________ filed a claim with the defendant _________________________ and a demand to eliminate the discovered defects in the goods. However, the defendant did not respond to the claim. According to Article 4 of the Law of the Russian Federation of 07.02.1992 N 2300-I "On Protection of Consumer Rights", the seller is obliged to transfer to the consumer the goods, the quality of which complies with the contract. By virtue of Part 6 of Article 18 of the Law on the Protection of Consumer Rights, the seller is liable for defects in the goods for which the warranty period is not established, if the consumer proves that they arose before the transfer of the goods to the consumer or for reasons that arose before that moment. The defects of the goods purchased by the plaintiff _________________________ from the defendant _________________________ are confirmed by the following evidence: _________________________. In accordance with Article 18 of the Law on the Protection of Consumer Rights, the consumer, upon detection of defects in the goods, has the right to demand replacement for the goods of the same brand (the same model and (or) article); demand replacement for the same product of another brand (model, article) with a corresponding recalculation of the purchase price. Thus, it is necessary to oblige the defendant _________________________ to replace the product with the identified defects with the product of the same brand (the same model and (or) article), namely: _________________________. At the same time, the consumer has the right to demand also full compensation for losses caused to him as a result of the sale of goods of inadequate quality. According to the calculation attached to the statement of claim, losses from the sale of low-quality goods amounted to _________________________ rubles. According to Art. 21 of the Law on the Protection of Consumer Rights, in the event that the consumer discovers defects in the goods and submits a demand for its replacement, the seller (manufacturer, authorized organization or authorized individual entrepreneur, importer) is obliged to replace such goods within seven days from the date of the specified demand by the consumer, and if necessary, additional checking the quality of such goods by the seller (manufacturer, authorized organization or authorized individual entrepreneur, importer) - within twenty days from the date of the specified requirement. If the seller (manufacturer, authorized organization or authorized individual entrepreneur, importer) does not have the goods necessary for replacement at the time of the request, the replacement must be carried out within a month from the date of such request. In this case, the product of inadequate quality must be replaced with a new product As follows from Article 23 of the Law on the Protection of Consumer Rights for violation of the term specified in Article 21 of the Law on the Protection of Consumer Rights, the seller who committed such a violation pays the consumer for each day of delay a penalty (penalty ) in the amount of 1% of the price of the goods. In this case, the price of the goods is determined on the basis of its price that existed in the place where the consumer's demand was to be satisfied by the seller, on the day of the voluntary satisfaction of such a demand or on the day of the court decision, if the demand was not voluntarily satisfied. According to the calculation attached to the statement of claim, the amount of the forfeit for missing the deadline for eliminating deficiencies is _________________________ rubles. By selling goods of inadequate quality, the defendant _________________________ violated the rights of the plaintiff _________________________ as a consumer. Article 15 of the Law on the Protection of Consumer Rights for violation of consumer rights provides for compensation for moral damage, which is carried out regardless of compensation for property damage and losses incurred by the consumer. The non-pecuniary damage inflicted on the plaintiff by _________________________ was expressed in the following: _________________________, which is confirmed by _________________________. The plaintiff _________________________ assesses the moral harm in the amount of _________________________ rubles. Thus, it is necessary to recover in favor of the plaintiff _________________________ losses caused by the sale of goods of inadequate quality in the amount of _________________________ rubles, penalty for missing the deadline for eliminating the identified defects of the goods in the amount of _________________________ rubles. , compensation for moral damage in the amount of _________________________ rubles, and in total _________________________ rubles. In connection with the appeal to the court, the plaintiff incurred legal costs in the form of payment for the services of a representative in the amount of _________________________ rubles. The fact of rendering the services of a representative is confirmed by _________________________ from _________________________, power of attorney No. _________________________ from _________________________. According to Art.94, 98 of the Code of Civil Procedure, the party in favor of which the court decision was made, the court awards the other party to reimburse all legal costs incurred in the case. Thus, from the defendant in favor of the plaintiff, legal costs in the amount of _________________________ rubles should be collected. Based on the foregoing, guided by Articles 15, 503 of the Civil Code of the Russian Federation, Articles 4, 18, 22, 23 of the Law on the Protection of Consumer Rights, I ask: To oblige the defendant _________________________ to replace the product with identified defects with the product of the same brand (these the same model and (or) article number), namely: _________________________. To recover from the defendant _________________________ in favor of the plaintiff _________________________ losses caused by the sale of low-quality goods in the amount of _________________________ rubles. To recover from the defendant _________________________ in favor of the plaintiff _________________________ forfeit for missing the deadline for satisfying the consumer's claims in the amount of _________________________ rubles. To recover from the defendant _________________________ in favor of the plaintiff _________________________ compensation for moral damage in the amount of _________________________ rubles. To recover from the defendant _________________________ in favor of the plaintiff _________________________ court costs for payment of the services of a representative in the amount of _________________________ rubles. Appendix: 1. A copy of the statement of claim. 2. Calculation of losses caused by the sale of low-quality goods. 3. Calculation of forfeit for missing the deadline for satisfying consumer claims. 4. Cashier's check. 5. A copy of the claim sent to the defendant. 6. Contract (agreement) on the provision of representative services. 7. Power of attorney of the representative. Plaintiff _________________________ _________________________ _________________________

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Samples of claims for consumer protection

ATTENTION! Look at the completed sample of the statement of claim for the recovery of a forfeit for violation of the deadline for the transfer of a paid set of furniture:

You can DOWNLOAD samples of claims to the court for the protection of consumer rights by following the links below:

How to file a claim

The main requirement for statements of claim is that they are always filed in judicial authorities in writing. Only the format can be different: printed version or written in handwritten text.

The application must provide the following basic information:

Name of the judicial authority where the applicant is filing a claim;
Information about the applicant (plaintiff), his residence address, registration is indicated. If the applicant is a legal entity. person (company, enterprise, firm, etc.), then its legal address. In the case of submitting a document on behalf of a representative, information about him should also be indicated: who he is (full name), full address, document certifying authority;
The claimant must also leave his / her current contacts. This is necessary so that, if necessary, you can contact him. If possible, several contacts, e-mail are indicated;
Information about the respondent. His place of residence or, when the defendant is an organization, information about the location of the office. When the defendant is the manufacturer / seller / executor, to whom the requirements are put forward, its legal entity should be designated. the address. In order for the court to have the opportunity to contact the second party in the case, indicate the address of the defendant, write (there are) phone numbers of the heads of the legal entities. faces;
Description of the fact of violation (the emergence of a threat of violation) of the legal rights (freedoms) of the plaintiff or his interests, as well as the list of requirements put forward. It is necessary to accurately reflect in the document what exactly the fact of violation of the law by the defendant consists in, what rights were violated and what actions are required from him to eliminate the consequences;
Circumstances on the basis of which the plaintiff puts forward claims to the defendant. The list of evidence confirming the legitimacy of the position of the plaintiff and the claims stated by him. Indicate the essence of the circumstances that have arisen, describe which rights were violated, refer to individual legislative norms;
The cost of the claim, in case it needs to be assessed. Provide the calculation of all amounts disputed by the document or recovered by it;
Information about whether the parties complied with the pre-trial procedure for resolving the disputed point, if such required condition determined by the norms of the law or by the clauses of the drawn up agreement. The procedure for pre-trial proceedings is provided, for example, in claims related to transportation (directed to transport companies). It is for this reason that when a claim is filed, for example, on the fact of the loss of things that were in the luggage, then in this case, you should initially take care of sending a separate claim to the carrier. If such a step is not taken, the judge will not legally accept the filed claim;
A list of documentation that is attached to the claim and confirms the circumstances and facts given in it.

The prepared statement must be signed either by the plaintiff himself, or, if available, by his representative, but in this case a power of attorney is required.

Important! When the document is signed and submitted by a representative, this power of attorney is also attached to the claim, since it confirms the authority of the person to act on behalf and in the interests of the plaintiff.

Several copies of the claim are required, usually their number directly depends on the number of defendants in the case. For example, when there are two defendants in the case, the court is required to provide three copies of the document. One is given to the court for review, the rest are sent to each of the defendants. Do not forget one copy for yourself - a mark of acceptance is put on it in court.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any questions.

Attachments to the statement of claim

After drawing up the application, a certain number of materials must be attached to it:

documentation that confirms all the circumstances to which the plaintiff refers in the text part of the application and proves the full validity and legality of the requirements. The documents are prepared in copies, and together with the claim are sent to the defendants and third parties, if they do not have this documentation. For example, they attach copies of contracts, receipts confirming the payment, receipts (commodity or cash), warranty coupons, reports of examinations carried out, medical certificates. institutions, previously sent correspondence between the parties, etc.
a document testifying to the plaintiff's compliance with the mandatory requirement - to take measures for a pre-trial resolution of the issue. However, if this procedure is clearly provided for by the norms of the law or by an agreement concluded between the parties.
Claimant's calculation of the amount to be recovered from the Respondent at the close of the hearing. The document is signed by the plaintiff, but his representative has the same right. Copies may also be sent to defendants and persons involved in the case as third parties. Copies are used, the originals do not need to be attached. All original copies of the documents will need to be provided to the court in the future so that the latter can verify the validity of one or another provided copy.

Advice for the plaintiff: when preparing documents when applying to the judicial authorities, remove copies from the entire case (the claim and all accompanying documentation). In the future, this will greatly facilitate the process of preparing for the meeting. If you need to resort to legal assistance, then you will not need to spend additional time collecting everything required package documentation.

Remember that the magistrate's court can hear cases in disputes arising from property legal relations, except for cases concerning hereditary issues, as well as affecting the creation and use of intellectual property results, if the cost of the claim does not exceed 100 thousand rubles.

What consumer rights are protected by law

The legislation in every possible way protects and ensures the observance of all consumer rights, it is for this reason that the list of requirements presented by the consumer can be quite extensive.

The question of protecting consumer rights arises in the event of certain violations in this area:

defects were discovered that the seller had no idea about, due to the impossibility of establishing them during a general inspection of the goods (goods Low quality);
some or all of the services (works) provided, due to the shortcomings found during their verification, fall under the characteristics of "low quality";
some or all of the services (works) ordered from the contractor were performed by him in violation of the established deadlines (both in relation to their beginning and in relation to the end);
the manufacturer (seller) does not want to meet the consumer's requirements for the repair work of the out of order product or its technical. service;
violations of safety requirements were made;
the consumer has suffered moral damage.

Watch the video. Claim procedure for consumer protection:

A written claim before going to court

The first thing to do, and be sure to send a written claim to a potential defendant before applying to the courts to protect your consumer rights. It is advisable to present it personally.

In a claim in short form indicate the essence of the legal relationship between the parties, which product (service) does not suit you, fully and clearly indicate your requirements.

Important! When filing a claim, clearly set the time allotted for correcting deficiencies. When determining this period, proceed from the concept of rationality.

The same requirements can then be transferred to a legal claim for the protection of consumer rights. All requirements for low quality goods are set out in Article 18 of the Law "On Protection of Consumer Rights".

It is determined that the consumer, upon revealing in the purchased product any shortcomings that were not previously agreed with the seller, at his discretion has the right to:

demand that he replace the inappropriate product with a similar, of the same brand;
require him to replace the purchased product with a similar, but different brand, with the recalculation of the cost;
demand to reduce the cost of the purchased goods, in proportion to the shortcomings revealed in him (marriage);
demand proper correction of the defects identified in the goods or reimbursement of the costs incurred by the consumer for their elimination (repair costs);
demand to return the cost paid for the goods in full, with a concomitant refusal to fulfill the commercial proposal (purchase and sale) contract.

Remember! As for the service performed poorly by the contractor, the requirements for this issue set out in Article 29 of the Law "On Protection of Consumer Rights".

It is indicated here that the consumer, when he identifies the shortcomings of the work (service) performed, has the right to demand his choice:

immediate and free correction of the discovered defects of the work performed (service performed);
proportionally reduce the cost of improperly completed work (performed service);
make another thing free of charge from a similar material of similar quality or re-perform poorly done work. At the same time, the consumer has an obligation to return the item previously received from the contractor, made to order.
return all funds that he spent in eliminating the defects of improperly performed work (performed service) on his own or with the involvement of third parties.

Filing a lawsuit is an extreme measure that a consumer is forced to take when his rights are violated. But how exactly should he act in this case?

First of all, you need to decide where exactly to go - there are many courts in Russia. In this case, one must be guided by the rules based on the Code of Civil Procedure of the Russian Federation and No. 17 of 2012. They read as follows:

Since the plaintiff is an ordinary citizen, and the purchased product or ordered service is not related to the implementation of commercial activities (otherwise the Law of the Russian Federation "On Protection of Consumer Rights" cannot be applied), you should apply to a court of general jurisdiction.
Geographically, you can apply as at the place of residence of the plaintiff, and at the place where the counterparty (company or individual entrepreneur) was registered.
The level of the court depends on the amount of the claim.

It is necessary to dwell on the latter especially. The jurisdiction depends on the size of all the amounts that the plaintiff wants to collect:

if less than 50 thousand rubles- you need to contact the magistrate;
if more- to the district court.

Also, the district court must always be contacted, regardless of the amount, if the plaintiff declares the following requirements:

Non-property nature... For example, if the plaintiff wants not only (or not how much) to receive money - but goods or receive.
Of a property nature, but which cannot be clearly assessed.
Reimbursement.

How to write a statement of claim

A court of any level must comply with the requirements of Art. 131 Code of Civil Procedure of the Russian Federation. This article indicates that the statement of claim must be made only in writing, and it must contain the following information:

Name of the court or court site where the applicant is applying.
Information about the plaintiff... For a citizen it will be full name, registration address and actual residence. The latter is necessary so that the court can send summons and other documents by mail. In addition, the claim may include phone numbers, email addresses and other contact information.
Data from the defendant... For an individual entrepreneur, this will be a name, for - a name and an indication of the organizational and legal form. The location of a store, workshop or other enterprise, whose activities have violated the rights of the consumer, is also indicated.
The essence of the violation... Here it is necessary to clearly describe what exactly the consumer's rights consisted of: sold, the service was of inadequate quality, the return terms were violated, the request was denied, etc.
Circumstances supporting the plaintiff.
Proof... If they are documents (contracts, etc.), a copy of them must be attached to the claim (the original is presented in the court session and remains in the hands of the plaintiff), if the testimony of witnesses is used, then their data (in this case the claim may contain a request to summon witnesses to the court session).
Cost of claims... It is calculated by the plaintiff independently.
Other requirements stated by the plaintiff(for example, about the elimination of the goods or about the replacement of goods).

A sample of the claim can be viewed at. If any documents (written evidence, petitions, etc.) are attached to the application, a list of them must be provided in the claim.

Determination of claims

The amount of the claim is determined by the plaintiff independently. It includes all the amounts that the plaintiff asks to recover from the defendant in his favor. In particular, these include:

the cost of a low-quality product which the seller must return upon termination of the sales contract;
repair cost if the buyer, acting as the plaintiff, repaired the goods at his own expense;
incurred by the plaintiff due to the fact that his consumer rights were violated.

At the same time, the claims do not include:

compensation for moral damage, that is, physical or who experienced the plaintiff due to the fact that his rights as a consumer were violated. They are considered by the court, albeit within the framework of the same session, but separately from property claims;
reimbursement of expenses for the salaries of lawyers who made a statement of claim and represented the interests of the plaintiff at the hearing. They belong to the category of court costs and are collected separately;
remuneration of translators and other persons if these costs are incurred in connection with the consideration of the case in court. These funds are also included in the court expenses.

Documents attached to the claim

In addition to the statement of claim itself, other documents can be sent to the court:

Receipt of payment- in cases where it is paid.
Motions in the case... For example, the plaintiff may ask the court to summon witnesses to the meeting, to demand evidence from the defendant or third parties that the plaintiff himself cannot obtain. However, petitions are not always drawn up in the form of separate documents: these requests can be stated in the text of the statement of claim itself.
Copies of written evidence... For example, a claim may be accompanied by a copy of the provision of services, checks, an opinion of an independent expert, etc. The main thing in this case is to comply with the requirements of the Code of Civil Procedure of the Russian Federation on relevance (evidence must confirm any relevant circumstances) and admissibility (evidence obtained in violation of the law).

State duty

The current legislation provides for payment for going to court - a state fee. Its size is determined in accordance with the Tax Code of the Russian Federation. And the following rules apply here:

According to clause 4, part 2 of Art. 333.36 of the Tax Code of the Russian Federation, in cases concerning the protection of consumer rights, plaintiffs do not pay a fee regardless of the outcome of the case.
But if the cost of the claim is equal to or more than 1 million rubles, the duty is paid(part 3 of the same article). In this case, the amount of the fee is determined by general rules, but reduced by the amount of the duty corresponding to 1 million rubles. According to clause 1 of part 1 of Art. 333.19 of the Tax Code of the Russian Federation, this amount is equal to 5,200 rubles plus 1% of the amount over 200 thousand rubles. Thus, when filing a claim for the protection of consumer rights in the amount of over a million, the state duty will be reduced by 13,200 rubles.

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