Everyone has probably encountered poor quality services, expired goods, or violation of warranty obligations. But not everyone contacted the relevant authorities with a complaint because they did not want lengthy litigation or did not know where exactly they could file a complaint. In this article we will figure out how to correctly draw up a complaint and where to send it as part of consumer protection.
What does Rospotrebnadzor do?
The organization was created specifically to monitor the quality of work of organizations, enterprises and individuals providing services, and at the same time check whether their activities do not contradict the legislation of the Russian Federation. The main areas of work include:
- protection of consumer rights;
- sanitary and epidemiological state supervision;
- ensuring control over compliance with restrictions during the quarantine period;
- issuing permits to carry out certain activities.
More information about the activities of Rospotrebnadzor can be found on the official website of the government agency on the Internet. There are also telephone numbers and addresses of all branches, samples of applications and other documents.
In what cases will support not be able to help?
The support service does not provide assistance to guilty suppliers of goods and services in situations where they want to hush up a conflict with the consumer. Also, the operators of the consultation center do not provide information on how to sell substandard goods. Making such a request risks further proceedings, including in court. Since the sale of substandard, expired goods is a direct violation of consumer rights and the laws of the Russian Federation, as it poses a danger to the lives of its citizens.
How to apply?
There are general rules for contacting representatives of the authority, on the basis of which employees can conduct an unscheduled inspection of violators. When drawing up such complaints, you need to pay attention to its accuracy and justification. The use of insults against the offender, as well as other emotional statements or threats, is prohibited, since the statement is an official document. The completed appeal can be sent in person, by mail or via the Internet.
It must indicate:
- The name of the government agency, and sometimes the contact details of the authorized official
- Full name, address and telephone number of the applicant. Information about the results of the inspection will be sent to the stated address. If the complaint is submitted online, you need to add an email address.
- Circumstances that forced you to file a complaint: what, where, when, at what time.
- For a positive outcome of the complaint, you can add copies of documents that can confirm its grounds.
A consumer who purchased a product or ordered a service for a non-commercial purpose can submit an application. That is, legal entities and individual entrepreneurs can file claims only if they have no connection with the business.
For example, if a businessman takes out a loan to buy household appliances for his home, his rights are protected by Rospotrebnadzor. But if the loan is issued in order to purchase a consignment of goods, the legislation on the protection of consumer rights does not apply to this.
Before writing a statement to Rospotrebnadzor, it is advisable to first contact the store or other organization where the unpleasant situation occurred. A claim can be made orally or in writing. If there is no result, then you need to seek support from the state. If the issue was not resolved directly at first, the organization may refuse to organize an inspection. Complaints from an anonymous person are also not subject to consideration, unless they report an impending or completed crime.
If during the verification it turns out that the application contains false information, actions will be terminated and the appropriate decision will be sent to the applicant.
Extension numbers for contacting in the regions
You can get advice or information on certain issues by calling the territorial bodies of Rospotrebnadzor. You can view the list and contact details of territorial authorities at the link: https://rospotrebnadzor.ru/region/structure/str_uprav.php. You can also use the numbers of consultation centers for the protection of consumer rights of the Federal Budgetary Institution of Health "Centers for Hygiene and Epidemiology", which are located in the regions of Russia. Contact details of the centers are available at the link: https://zpp.rospotrebnadzor.ru/organizations/consultation.
Complaint via the Rospotebnadzor website
One of the simplest options for filing a complaint is electronically. To do this, you don’t even need to log in - just go to the page and click on the “Compose and send an appeal to Rospotrebnadzor” box.
In a special form you need to enter your own data and the text of the appeal, and then attach one additional file larger than 5 megabytes in size, if any. You need to send the application to the branch of the organization at your place of residence - the complete list is in the drop-down list.
Consumer Rights Protection Hotline
The Consumer Rights Protection hotline is available to citizens by telephone.
The hotline is open every day from 10:00 to 17:00. Break in work from 12:00 to 12:45. Time is calculated according to Moscow. Contents Hide
- Consumer Rights Protection Hotline
- Free Consumer Protection Hotline
- Hotline for Moscow residents
- Extension numbers for contacting in the regions
- What can you find out over the phone?
- In what cases will support not be able to help?
- Other methods of communication
- Operator competence
Checking individual entrepreneurs and organizations: general rules
Supervision and control is carried out according to plan or unscheduled in special cases provided for by law. This includes conducting an inspection following a consumer complaint. Develop a plan of measures taken depending on the nature of the organization and its activities. An inspection of a grocery store will be different from a due diligence inspection of a hospital or nursing home. Most often, compliance with basic norms and rules for the provision of services and the sale of goods is checked.
If the institution’s activities are related to the food industry, employees must have medical records, which are checked by Rospotrebnador employees. The absence of a medical book threatens fines for the company and suspension for the employee. To prevent this from happening, most managers check the availability of the document themselves. Data on all issued books in the region is in a special register, so it is not difficult to verify the authenticity.
Each organization is checked in strict accordance with the plan. The nature of the information requested is influenced by the specifics of the activity being carried out. For example, when inspecting medical institutions, they pay attention to the presence of a license, sanitary epidemiological reports on the design of the space used, a list of actions being carried out, the validity period of employee medical books, documents for equipment, and even the correctness of the design of information stands. When inspecting dental clinics and offices, attention is also paid to compliance with the sanitary and anti-epidemiological regime and the processing of medical instruments.
Consumer rights: who is a consumer, and by what signs can you recognize him?
When consumer rights are considered, the main actor is himself. But few can define the concept in question. According to the current situation, a consumer is a person who orders services or buys goods and uses them for various purposes. Provided that the goals in question do not relate to entrepreneurship. In order for a person to call himself a consumer, he must meet certain criteria:
- Be an individual;
- Intentionally make a purchase of goods, work, services;
- Interact with the seller, performer or manufacturer;
- Use the product or service solely for personal purposes.
If you meet the above criteria, you can call yourself a consumer.
What should the complaint look like?
There are norms established in practice that must be followed when drawing up an application to Rospotrebnadzor. There are no mandatory requirements, except for the mandatory condition of having information about the applicant and a specific requirement from him. First of all, the complaint must be clearly and competently substantiated. A useful argument would be the presence of documented evidence, for example, photographs of receipts, goods, voice messages, audio and video recordings, and witness statements. The document must contain:
- “Caption” indicating the government agency and, if possible, the full name of the authorized person.
- Applicant details (full name, date of birth, address, telephone, email).
- Direct complaint with all justifications.
- Signature and date of submission.
- List of application documents.
The complaint is considered within thirty calendar days; if the case requires an extension of the period, the applicant is notified of this in writing.
What to do if your rights are violated?
Source: Teacher's newspaper
How to protect yourself and your child: what is important to remember when filing a complaint or application.
Unpleasant situations often happen in life. It is important to be able to competently protect the rights – both yours and your child’s. What tools exist for this? Where can I go? How to properly file a complaint? We offer recommendations to help achieve justice.
Before writing a complaint, clearly state your goal
1. Define the goal and problem
When deciding how you will protect your rights, answer yourself honestly a few questions: What result do you want to achieve? is it really that important to you? Are you ready to spend your time and effort on this? Will you be able to observe the principle of “do no harm” in the process of restoring justice?
After this, you can think about further actions. Formulate your goal positively and rationally, for example, “obtaining benefits and , “creating protection,” and so on. Avoid negatively formulated goals - “to prove you are right”, “to punish someone”, “to rein in”.
You can protect your rights and the rights of your child:
- on one's own;
- with the help of consulting support from a lawyer, social service specialists, and human rights organizations;
- with the help of a lawyer as an intermediary between you and the party to the dispute.
Before you take specific actions, clearly define the problem.
Try to understand exactly what right was violated: education, health care, social assistance, respect for private life. When describing the problem, decide what the violation of law is, what and whose actions led to the violation, what you want, and what option for resolving the situation would be optimal.
Violation of rights is determined in three situations:
- direct violation of the rights and freedoms of a citizen;
- creating obstacles for a citizen to exercise his rights and freedoms;
- a citizen has been unlawfully assigned any duty or has been unlawfully held accountable for any purpose.
Formulate the essence of the problem clearly, comprehensively and without unnecessary words. Do this in writing, even if it is verbal.
2. Choose a protection method
Decide how you intend to protect the violated right.
— Administrative: complaint to the relevant authorities. If you are sure that the violation of law is due to a lack of information among specialists or gaps in control on the part of higher organizations.
— Judicial: application to the court. If there is a conflict that cannot be resolved in other ways and means, requiring an unbiased opinion, when compensation for damage is more important than resolving the situation, or when we are talking about bodies that do not have higher authorities.
— Appeal to supervisory authorities (prosecutor’s office, human rights ombudsman, etc.). Any violation of the right mainly by authorized persons or government officials, especially if we are talking about the arbitrariness of the authorities.
In most cases, when protecting rights and interests, methods can be combined.
3. Collect information and send an appeal
Before applying for protection, gather all the necessary information. Information sources will help you, including legal ones, official websites of government bodies and organizations, various forums, public organizations, lawyers, etc. Divide the information for yourself into two parts: the rationale for your right and the procedure for action.
Prepare copies of the documents you intend to use to prove your position. Under no circumstances do not transfer the originals , and as a last resort, require the preparation of an inventory of the transferred documents.
Give preference to written interaction with officials and departments. When submitting a written appeal, ask for an incoming number, which is placed both on the copy for the department and on your copy, or the signature of the receiving person and the date of acceptance of your appeal on your copy. By mail, send your written request only by registered mail with a description of the contents .
Be prepared for the fact that the maximum processing time for a request is 30 days from the date of its registration. If you are still not satisfied with the answer, you can contact higher authorities, supervisory authorities, and also the court.
Where else to go?
You have the right to free legal assistance. It can be obtained in the form of consultations in student legal clinics at educational institutions, in federal and regional executive authorities and institutions subordinate to them, and local governments on issues within their competence. You can also contact the MFC for legal assistance. If your consumer rights have been violated, contact the Federal Service for Surveillance on Consumer Rights Protection and Human Welfare (Rospotrebnadzor). A complete list of organizations and services where you can turn for free legal assistance can be found on the website of the Ministry of Justice of the Russian Federation.
Remember, it is better to look for reliable legal information not just on the Internet, but in official sources . Here are just a few examples: The official Internet portal of legal information, the website of the Ministry of Justice of the Russian Federation, official websites of federal, regional and municipal authorities, portals of reference and legal systems such as “Garant” or “Consultant Plus”.
Let us remind you that the “Teacher’s Newspaper” has a column “Your Lawyer”. Consultations on legal protection in the field of education are provided by lawyer Tatyana Pogorelova. You can find answers to questions already asked by using the search function on the site or the hashtag #YourLawyer in the Teacher's Newspaper communities on social networks.
Regarding the protection of the rights and interests of children, you can contact the following authorities:
- commission on affairs of minors and protection of their rights;
- guardianship and trusteeship authorities;
- divisions for juvenile affairs of internal affairs bodies;
- Commissioner under the President of the Russian Federation for Children's Rights;
- commissioners for children's rights in the regions;
- prosecutor's office;
- court.
If you live in the capital, then legal advice on protecting children's rights can be obtained anonymously and free of charge via the Children's Helpline in Moscow . So far this is the only regional service in Russia that provides such assistance.
About the author:
Susanna Mkrtchyan is a legal consultant at the Little Mama branch of the Crisis Center for Assistance to Women and Children (Moscow).
Complaints about the management company
In this case, the appeal should follow attempts to resolve the problems directly, if the representative of the management company did not take any retaliatory actions to resolve the situation. In such cases, collective statements create a greater effect. The structure of the document itself does not change, but it is advisable to attach receipts for full and timely payment of bills, independent expert opinions, and a written response to the application submitted to the housing and communal services.
It is appropriate to complain if the responsible organization does not ensure the correct operation of the elevator, does not repair broken windows or a leaking roof, does not fight mold or parasites, or violates sanitary and epidemiological standards. If the management company’s guilt is proven, they will be obliged to pay compensation to each tenant, reduce the cost of services provided, pay a fine, or repair all damage at their own expense.
Rights of the consumer of services: who can protect?
Violated consumer rights are not a reason to immediately run to court. Consumer protection is one of the most important tasks of several other bodies.
- Society that protects consumer rights. OZPP deals with conflict resolution both pre-trial and in court. It also engages in educational activities to make people aware of the rights they have. This company can also conduct examinations and issue relevant conclusions.
- Police. Contacting here is advisable in cases of fraud or other illegal activities. You can go to any branch and write an application. It is written in free form.
- Rospotrebnadzor. The task of the body in question is to conduct inspections and, on their basis, bring the perpetrators to administrative responsibility. Inspections can be unscheduled or scheduled. Product examinations are also carried out here.
- Federal Antimonopoly Service (FAS). You can contact us if the rights of the consumer of services have been violated, as measured by tariffs. For example, gas, electricity, heating, etc. Having received a complaint, FAS employees will conduct an investigation, and if there really is a violation, the conflict will be resolved.
- State Housing Inspectorate (GZHI). She also monitors compliance with the law regarding housing and communal services. If the consumer is dissatisfied with the quality of services or incorrectly calculated bills, you can contact us here.
- Department of Health. You can contact here if the consumer’s rights have been violated in relation to the provision of medical services. The department will investigate and those responsible will be brought to justice.
- Roskomnadzor. You can contact us if problems arise with mobile communications, the Internet, cable or satellite television.
You can also use the help of public associations. They may carry more weight than a single consumer.
Structure of a complaint to Rospotrebnadzor
Making a complaint to Rospotrebnadzor using the official form is much easier than writing it without knowing the rules. But even with an official sample, you need to know what information should be included in it to make it easier to file a complaint. Despite the relatively free form in which the complaint is drawn up, it must contain the following information:
- the name of the official body to which the complaint is sent;
- address of the branch where the document should go;
- who is the applicant (full name);
- applicant's contacts (telephone);
- residential address;
- a description of the reason why the appeal occurred (you need to provide more details, including the name of the product, when it was purchased, who was the seller, etc.);
- the requirements put forward by the applicant are written;
- the date on which the complaint was filed;
- signature of the person filing the complaint.
Please note that an answer about its consideration and the decision made should be sent to the address specified in the complaint sample. And if evidence is attached (documents, checks, etc.), you need to write a list of them. This information is entered in the “Applications” section.
The consumer has the right to return a product if it is of high quality but not suitable
It will not be possible to take away the consumer's right to return goods, even if everything is fine with the goods. Perhaps the consumer simply cannot use the product in question because it did not suit him. The product can be exchanged for a suitable one if the following conditions are met:
- Was purchased earlier than 14 days ago;
- Has a non-food nature;
- The consumer appearance has been preserved;
- It is possible to confirm that the item was purchased and paid for here.
Sometimes the consumer’s right to return goods can be exercised by bringing identification documents and writing a corresponding statement. After this, the return must be documented - a special invoice is used. Refunds are made depending on the method in which the product was purchased. If in cash, it will be returned in the same form, and if by card, the funds will be transferred to your account. However, in the latter case, the transfer of funds can take up to 3 days. The consumer corner, which should be in every store, will help you become more familiar with the conditions.
You can get legal assistance on insurance premium issues on our website.
Article 18. Consumer rights when defects are discovered in a product
If defects are discovered in the product, if they were not specified by the seller, the consumer has the right to:
- demand replacement with a product of the same brand (model);
- demand replacement with the same product of another brand (model) with a corresponding recalculation of the purchase price;
- demand a proportionate reduction in the purchase price;
- demand immediate free elimination of defects in the goods or reimbursement of costs for their correction by the consumer or a third party;
- refuse to fulfill the purchase and sale agreement and demand a refund of the amount paid for the goods.
Rule 9 follows from this.
Rule 9. The consumer must be warned about all defects of the product
Article 20 of the law describes another condition that not all sellers and consumers are aware of:
“In relation to durable goods, the seller is obliged, upon presentation by the consumer of the specified demand, within three days, to provide the consumer free of charge for the period of repair with a durable product that has the same basic consumer properties, ensuring delivery at his own expense.”
Rule 10. During the repair of a durable product, the consumer must be given another similar product within 3 days
These 10 rules are not exhaustive, but any website owner should know them.
Issues related to sales via the Internet are resolved by Rospotrebnadzor. Therefore, in case of problems, the buyer will go there to complain.
Most often, Rospotrebnadzor fines companies for:
- Selling goods remotely that cannot be sold.
- The website does not provide an address for returning goods.
- Incomplete information on the product.
- For work without a contract.
- Missed delivery deadlines, delays in the provision of services.
- Refusal to return (refund of incomplete amount).
- Prices depending on payment method.
- Products/services of inadequate quality.
- Ignoring an order or providing false information about the provision of a service.
- Price increase upon confirmation of order.
- Providing a service or selling a product of inadequate quality at the specified price.
- Providing a service at an unspecified time or different from the ordered service.
How to write a complaint to Rospotrebnadzor (sample)
When writing a complaint to Rospotrebnadzor, the sample will be very helpful. This must be done in a businesslike and laconic style. Emotionality in this case is unnecessary and may cause the application not to be accepted. Excessive detail should be avoided, which will not affect the essence of the appeal.
The presentation should be done while observing the chronology of what is happening. This is important because the reader should not feel confused. Lyrical digressions should be skipped, but important facts should be described more specifically. Also, do not forget to indicate the full names of all parties to the conflict, the names of companies and individual entrepreneurs. It is important that the application is not anonymous, otherwise civil servants will not have the right to consider it.
All this can be written in a special form, a sample of which looks like this:
