Sample claim for returning a technically complex product with a defect discovered within 15 days from the date of purchase

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How to draw up a document correctly

It is impossible to find a sample claim in codes and laws. The regulations contain general requirements for the preparation of procedural documents, but there are no specific requirements for a claim against the service center.

The application is drawn up in free form, but it must comply with the general requirements of the civil procedure code, since their violation may cause refusal to accept and consider the claim.

Contents of the claim:

• The application always contains information about the addressee and sender: the name of the company (the full name of the manager can be written below), the full name of the buyer and his contact information. Information about the parties is written in the upper right corner of the sheet;
• Next, the essence of the claim is briefly and reliably stated. The applicant must indicate: the date of receipt of the service, the reason for the application (dissatisfaction with the quality of the product, provision of poor-quality service, etc.);
• It is also important to indicate ways to resolve a conflict situation. In this part, references should be made to regulations and deadlines for fulfilling the requirements;
• list of applications. The name of each application and sheet should be written so that the company does not refuse due to the lack of necessary documents;
• date of delivery. An appeal that does not indicate the date and does not have the signature of the applicant is not subject to consideration.

Please note! You need to contact the service center with 2 copies of the claim, since one copy is sent to the company, and the second remains with the applicant.

Arbitrage practice

In one of the courts of the Russian Federation, a consumer’s claim against the company for cancellation of the purchase and sale agreement, reimbursement of expenses incurred, payment of a penalty and compensation for moral damage caused was considered.

In the process of studying the content of the appeal, the following was established. The initiator purchased a mobile phone from a seller. The device was provided with a warranty of twelve actual months. During operation, a number of shortcomings were identified, namely: the phone got hot, turned off spontaneously, and the operating time of the charged battery was lower than set by the manufacturer. In this regard, the consumer handed over the device to the seller for warranty repairs and elimination of identified deficiencies. Subsequently, the initiator contacted the contractor with a demand for the return of the repaired phone. However, he was refused, since, according to the seller, the device had already been returned to the owner, although the latter had not received it. For this reason, the plaintiff sent another statement to the defendant demanding the return of the phone. In turn, the performer suggested that he replace the device with a similar one. Based on the above, the plaintiff asked the court to recover from the defendant the cost of the telephone, compensation for moral damage caused, expenses for the services of a legal representative, a penalty and a fine.

At the meeting, the initiator supported his demands and explained that to date, funds for the claim have not been paid and the phone has not been returned.

The contractor presented his objections to the plaintiff’s demands due to the fact that the latter did not present the goods for examination.

During the study of the presented documentary materials, it was established that the initiator actually purchased a mobile phone from the seller. During its operation, a number of shortcomings were identified. For this reason, the plaintiff turned to the defendant to repair the product. However, the phone was not subsequently returned to the owner. This is due to the fact that the contractor decided to replace the device without carrying out warranty repairs. However, in this case, the plaintiff’s claims were justified, since he exercised his unconditional right. In turn, the seller was obliged to return the money to the person.

Based on what was studied, the court made a decision. The plaintiff was paid the cost of the phone, compensation for moral damages and a fine. The amount of the penalty was reduced. The seller was obliged to cancel the purchase and sale agreement and pay the state duty.

Decision of October 20, 2021 in case No. 2-4064/2017

When to complain

A claim is a written demand from the service recipient (buyer) to the person who provided the service to eliminate shortcomings and violations.

The claim is the main document of the pre-trial stage. At this stage, the parties attempt to independently resolve the dispute.

This method of conflict resolution saves time and money, so it is beneficial for both the applicant and the violator: the first does not waste time, and the second does not waste money.

If the dispute is resolved in court, legal costs are recovered from the defendant, in addition, the plaintiff may demand compensation for moral damage. Also, for some categories of civil cases, the pre-trial stage is mandatory, and the case is not considered in court unless the plaintiff has first filed a claim.

For example, the pre-trial stage is mandatory when it is expressly stated in the terms of the contract. Any person who has received poor-quality service can send a letter demanding that deficiencies be corrected. It can submit an application to the office of a legal entity or send it by mail with a notification letter.

Important! If the violator ignored the requirement and did not fulfill it within the time period specified in the complaint, then he should go to court.

Poor phone repair

In practice, quite often people are faced with situations where the actions taken by the manufacturer to eliminate the breakdown did not produce results. Poor quality cell phone repair is characterized by its own symptoms.

These include:

1. A defect identified during operation or a breakdown that occurred was not eliminated.
2. During the repair process, other functions of the phone were disrupted, which makes it difficult or impossible to fully operate.
3. The manufacturer used low-quality materials, which led to defects.

In such situations, a person can send a claim to the contractor.

Filing a claim

As already mentioned, a claim can be submitted in several ways: in person to the office or sent by mail. Typically, violators refuse to accept such applications, which is why the applicant cannot prove that the application was sent. In such a situation, you should not be nervous.

You just need to find 2 witnesses (they should not be friends or acquaintances of the applicant) and, in their presence, hand the appeal to the violator. In case of refusal of admission, it is recommended to take receipts from witnesses.

They are written in free form, they must contain data and contacts of witnesses and a brief description of the refusal. These receipts can then be presented to the court.

How to write a claim if the warranty period is expired

If the buyer decides to repair a low-quality product, he should write a statement and hand over the goods.

Attention! At the same time, do not forget about the following things:

• the item is provided fully equipped (if a charger came with the phone, it will be sent along with the device);
• A package of documents is supplied with the product (receipt for the purchase of the product, application for service, warranty card);
• the fact of transfer of the item is recorded in a special act, which is filled out by the seller or the service center master and signed by both parties.

The technician is given 45 days to carry out service. If during this period the buyer has not received the repaired item back, he has the right to write a claim addressed to the head of the service center.

There is no single approved form of the document, but there is information recommended for inclusion in it:

• name of the store with which the purchase and sale agreement was concluded, its location;
• if possible, the first, last and patronymic names of the store manager and seller;
• name of the service center that performed warranty service and its location;
• if possible, first name, last name, patronymic of the head of the service center, the foreman receiving the goods;
• last name, first name, patronymic, residential address of the buyer, his contact telephone number;
• the essence of the complaint (what the buyer is dissatisfied with, what rights were violated);
• requirements (what the buyer wants to receive after consideration of the claim by the management of the service center);
• list of accompanying documents;
• date of document preparation, applicant’s signature.

How long should I expect a response?

According to the legislation of the Russian Federation, applications from individuals and legal entities must be considered within 10 days from the date of registration. In the complaint, the applicant may indicate a different period, but he must take into account the time of delivery of the letter.

Remember! If a response to the written demand is not received within the established period, then you should contact the violator and demand that the obligation be fulfilled.

If an unreasonable refusal to eliminate deficiencies has been received, an application should be submitted to the competent authorities.

What is the buyer entitled to if the phone is broken?

A telephone is a technically complex product for which the Law “On Protection of Consumer Rights” establishes special return rules. The scope of rights available to the owner of a low-quality phone depends on the moment of contacting the seller:

• If a defect in the device is discovered in the first 15 days after purchase, the consumer, when returning the product, has the right to demand: a refund for the low-quality product;
• replacement with a phone of the same make and model;
• replacement with a phone of a different brand and model.

In other cases, the consumer can only rely on warranty repairs.

Why do you need to file a claim?

Whatever the reason for the return, it is better to contact the store immediately with a written request for a replacement phone in order to have documentary evidence of your request. In addition, the law obliges the seller to consider a claim for a defective phone within 10 days.

If the seller refuses to fulfill the buyer’s demands or completely ignores them, he will have to defend his rights in court. In addition to the return of the amount of money paid for the goods, the court awards the consumer a penalty in the amount of 1% for each day of delay in fulfilling the requirements (Clause 1 of Article 23 of the Law “On Protection of Consumer Rights”). Also, if the requirements are satisfied, the court awards in favor of the consumer a fine in the amount of 50% of the amount awarded to him for the refusal of the seller to voluntarily resolve the case in pre-trial procedure (Clause 6 of Article 13 of the Law “On Protection of Consumer Rights”3).

Example. I bought a mobile phone in a store for 20,000 rubles, and a month later it broke. The seller responded to the claim for the return of a phone of inadequate quality with a refusal, since he did not consider the breakdown to be significant. 100 days passed from the end of the deadline for fulfilling the buyer’s requirements, and he went to court.

The penalty for this period was: 20,000 rubles. x 1% x 100 days = 20,000 rub.

If the court sides with the buyer, the following will be awarded in his favor: the cost of the device is 20,000 rubles, a penalty of 20,000 rubles. and a fine (20,000 + 20,000) rub. x 50% = 20,000 rub. Total 60,000 rub. And without a claim, he would only return the cost of the goods, 20,000 rubles.

Where can I see the warranty period?

You can return goods of inadequate quality during the warranty period. As a rule, a warranty card is included with the phone, which indicates the manufacturer's warranty period. The seller has no right to reduce this period. The warranty begins from the date of purchase of the phone, i.e. date indicated on the sales receipt.

In addition to the manufacturer's warranty, some stores provide their additional warranty free of charge or as an additional paid service. In this case, the seller's warranty period is added to the manufacturer's warranty period.

If satisfaction is refused

Upon receipt of an appeal, a person must consider it and make a decision on it.

First of all, the management of the organization appoints the performer. The Contractor has the right to conduct a quality check.

In this case, the inspection must be carried out in the presence of the person who applied, therefore the contractor is obliged to notify the applicant in advance of the time and place of the inspection.

The contractor may also require an examination of the goods, since the shortcomings could have arisen due to the fault of the recipient of the service.

Preparing to visit a service center

Before sending to the service center, the buyer should definitely prepare.

Please note! To do this, take two simple steps:

• prepare documentation. It is necessary to write an application for service, provide a warranty card, as well as a receipt for the purchase of the goods;
• prepare the defective item itself. The item should be packaged as it was provided at the time of purchase. For example, if there is a box or bag, then the product should be placed there. If the product was sold together with other items, these should also be provided to the service representative.

Sometimes the seller independently sends defective items to the service center. In this case, you will have to visit the store where the low-quality product was purchased and give the package to the manager. He will subsequently send the box to where it should be.

In some cases, immediately at the time of purchasing the product, the seller fills out a warranty card, where he writes the address of the service center. Then, if any deficiencies are discovered, the buyer will have to contact the service center representative independently.

Appeal to a judicial authority

If the warranty period is violated, the buyer sends a claim to the head of the store or service center. If there is no response, the buyer may go to court. However, it is imperative to try to resolve the conflict peacefully.

The trial begins with the filing of a statement of claim, which contains the following information:

• name of the court;
• location of the judicial authority;
• if possible, the name, surname, and patronymic of the judge of the appropriate judicial district;
• surname, name, patronymic of the plaintiff;
• place of registration and residence of the plaintiff;
• contact telephone number of the defendant and plaintiff;
• name of the defendant;
• location of the defendant;
• information about the territorial division of the Russian consumer supervision, if its representative is involved in participation in the court;
• cost of the claim;
• calculation of the cost of the claim;
• what rights of the plaintiff were violated;
• why the conflict had to be resolved in court;
• the process of resolving the issue peacefully;
• requirements imposed on the defendant;
• list of documents attached to the application;
• date of filing the claim, signature of the applicant.

There is no need to pay state fees for consumer claims. The rule is regulated by the Tax Code of the Russian Federation.

However, if the cost of the statement of claim exceeds one million rubles, then the amount of the state duty is calculated in the usual manner.

ATTENTION! Look at the completed sample claim to the store for violation of warranty repair terms:

Carrying out an examination

The proposal to conduct an examination may come from the seller or from the buyer. Warranty repairs for low-quality goods are carried out within one and a half months.

Not every person wants to wait a long 45 days for the verdict of the service center technicians regarding the condition of their new gadget. In this case, the owner himself can take the initiative and organize an independent check of the quality of the device.

The buyer will have to pay for the examination personally. Subsequently, he puts forward demands to the seller of the defective product for reimbursement of funds spent on the purchase and examination.

When an expert checks the technical condition of a phone, he not only analyzes the quality of the product as a whole, but also finds out the reasons for the breakdown. In conclusion, the specialist gives answers to the tasks set by the customer.

During the inspection, the mobile phone is inspected from the outside and inside by opening it. This is the only way an expert can determine the causes of problems in the product.

The owner of the product has the right to be present during the verification procedure and, if necessary, to actively participate in it. The powers that are granted to the buyer when checking the technical condition of the product are quite extensive.

The consumer has the right:

• obtain information about the goals and objectives of the device examination, as well as how this will happen,
• demand an answer to questions that arose during the inspection,
• challenge the expert’s conclusions if he does not agree with something,
• demand that his comments be recorded in the act drawn up based on the results of the examination.

The expert draws up his conclusions in the form of a special act.

The timing of its preparation depends on what task was assigned to the experts:

• when it comes to a refund for a faulty product, the certificate is issued within 10 days,
• replacing the device with a new one – the document will be ready within 20 days,
• if an examination is needed to carry out repair work, the period for issuing a certificate is about 1.5 months.

When your request to return money for a product of unsatisfactory quality is refused, write a complaint and pass it on to the store manager or other responsible employee.

Such an appeal must contain the consumer’s demands: reimbursement of money spent on the purchase of the product, as well as compensation for other damage associated with the purchase of low-quality goods.

You should receive an answer no later than 10 days later. If there is no response to the claim, or you are denied fulfillment of legal requirements, write a statement of claim to the court.

Watch the video. Refund for phone:

What jurisdiction

The jurisdiction of consumer issues is determined based on Article 28 of the Civil Procedure Code of the Russian Federation. The plaintiff is obliged to file a statement of claim at the location or registration of the defendant. Sometimes the actual location of the store differs significantly from the address specified when registering the company.

In this case, the claim is filed at the place:

• location of the enterprise, if the company is a legal entity;
• registration of a company, if the organization is an individual entrepreneur.

It is necessary to pay attention to such an important point as the court. Where to file an application directly depends on the cost of the claim.

If its price is less than or equal to 50,000 rubles, then the document is submitted to the magistrate’s court, if more, then to the district or city territorial division of the judicial authority.

The cost of the claim takes into account:

• amount of material damage;
• amount of penalty;
• the cost of repairing a low-quality item;
• cost of independent examination;
• moral injury.