Useful information » Articles on poor-quality provision of services » Poor-quality provision of services - Official clarifications Our team
Dmitry Dmitrievich MaksimovAdvocate. Work experience over 25 years Zimina Maria KirillovnaAdvocate. Work experience more than 15 years Eremin Vladimir TimofeevichAdvocate. More than 10 years of experience
Any service is ultimately aimed at achieving a specific material or information result for the customer. If it is not fully achieved or the desired is not received at all, then we are talking about a poorly provided service.
Documentation of service provision
Based on the uniqueness of the service as an intangible item, the consumer is primarily interested in formalizing legal relations for its provision.
The agreement must cover all aspects:
- list of declared services;
- volume;
- quality characteristics;
- price;
- deadlines;
- procedure for resolving disputes.
Attention! A legally correctly drawn up contract is the key to full protection of one’s rights in the provision of services of inadequate quality.
The provisions of the legislation protecting the rights of the consumer provide the latter with the opportunity to make demands on the contractor at the stage of receiving the service and upon its completion, during the warranty period and up to two years from the date of acceptance, and real estate claims - within five years (Article 29).
If there is irrefutable evidence of poor quality services, the supplier is not relieved of responsibility even if the warranty period is not specified (clause 4 of Article 29).
Refund for services: procedure
The first action of a consumer who wants to reimburse expenses for poor-quality, late-delivered or unprovided services is to send a written demand to the counterparty.
A claim for a refund can be made in free form, but must be in a business style and in compliance with a number of rules, including:
- a clear statement of the essence of the problem;
- clear formulation of requirements with references to legislative norms;
- indication of details for the return of funds.
It is recommended that the application be accompanied by documents confirming the facts stated in it. An important point is the procedure for submitting a claim, namely:
- delivery in person with a receipt stamp;
- sending by registered mail (a description of the attachment and notification of receipt are required).
The Contractor is obligated by law to fulfill the requirements presented or refuse in writing within 10 days from the date of receipt. Refusal to satisfy demands or failure to respond within the period established by law becomes grounds for transferring the dispute to court.
What to do if the service does not meet the stated requirements?
First, try to resolve the issue peacefully. To do this, we draw up a claim - the main condition under which the consumer can defend his rights in the event of their violation.
A letter of claim is submitted in cases where:
— the contractor violated the deadline for providing the service;
— the contractor provided a low-quality service and, as a result, the customer did not receive the expected result.
The content of the claim depends on the specific complaints of the victim, therefore it is drawn up in any form. However, it is recommended to adhere to certain rules when compiling it:
— in the title part, indicate the name of the document and the number of the service agreement;
- in the introductory section - details of the parties (full name, name of the legal entity, actual and legal address, residential address);
- in the descriptive part, provide basic information about the contract and list specific violations of the transaction. This part needs to be given special attention, supported by references to clauses of the contract and laws, photo or video materials, conclusions of experts in a certain field and other arguments confirming the poor quality of services provided;
- state your requirements.
Legislation protecting consumer rights (clause 1, article 29) allows you to require:
- free elimination of deficiencies;
- relative reduction in cost;
- covering the costs of eliminating deficiencies on our own or by third parties;
- gratuitous production of another thing from only-begotten material of the same quality;
- repeated execution (meaning a service of material origin).
Please note! When performing the task again, the consumer is obliged to return the item previously transferred to him by the contractor.
The letter is signed, dated and sent to the place where the poor-quality service was provided or to the address specified in the contract.
Note! The contractor is not exempt from paying a penalty for late provision of services, even if he has satisfied the requirement to eliminate defects free of charge or re-provide them.
The deadlines for eliminating deficiencies and compensating for losses are indicated by the customer in the text of the claim, taking into account sufficiency and reasonableness.
What documents should be kept and never lost?
Any documents confirming the existence of civil legal relations with a medical institution. These can be cash receipts for payment for services, contracts and receipt orders, doctor’s prescriptions, as well as any medical documents and examination results - tests, cardiograms and encephalograms, and other means of recording medical devices. This is the basis of your evidence base for the court, so you should not neglect the importance of these documents.
The ideal option is when you also have a medical card on hand. Sometimes its original is kept in a medical institution and is not handed out, so try to provide the court with at least a copy.
Where to complain about poor quality services?
If the performer ignores your protest, the following will stand up for you:
- Rospotrebnadzor is the main body protecting consumers, authorized to conduct inspections of the activities of service providers and take sectional measures against them.
- Law enforcement agencies and the prosecutor's office. We turn to them if the action of the performer causes harm to the health or life of the recipient of the service. Among other things, these bodies are responsible for making a decision on the fact of fraud in a situation where, for example, the contractor deliberately refuses contractual obligations (Article 159 of the Criminal Code).
Going to court
The contractor does not agree with your claim and refused to resolve the situation peacefully? In this case, the conflict can be referred to the court for resolution and it is possible to recover material damages and moral damages from the perpetrator, as well as demand a penalty.
Draw up a statement of claim in accordance with the requirements of procedural legislation, indicating in it:
- data of the plaintiff and defendant;
- the cost of the claim (the amount of moral damage is not included in the cost of the claim);
- information about the contract;
- descriptions of services provided;
- list of shortcomings;
- evidence of the provision of services of inadequate quality;
- claim.
The consumer can choose where to file a claim:
- at the actual location of the organization or place of residence of the entrepreneur;
- at the place of residence of the plaintiff;
- at the place of conclusion or execution of the contract.
What to do if the quality of utility services is inadequate?
In this case, the recalculation is carried out according to 354 of the Resolution on the recalculation of low-quality services. The first step is to contact your utility provider directly. A quality violation message must be immediately registered by the emergency dispatch service.
From this moment, within two hours, the organization’s employees are required to conduct an inspection of the premises and record the results in a standard report. Along with the act, the owner fills out an application for recalculation for poorly provided utility services.
If the supplier refuses to issue the document, residents can do it themselves. In this case, the act is signed by two consumers, the chairman of the board of the apartment building and transferred to the management company.
Important! The report is drawn up separately for each day of provision of poor-quality services.
If the claim is legitimate, recalculation must be made no later than 5 working days. The results appear on the next month's pay stub.
At what stage of cooperation with the contractor should I file a complaint?
You can file a complaint with the regulatory authorities during the provision of services to you, if the start of work is missed, during acceptance and evaluation of results, during the warranty period. The best option is to refuse to cooperate with the contractor immediately after identifying the low quality of the services provided. Remember that the difference between goods and services in this case will be huge. The first ones have a material base, and therefore it is much easier to analyze their compliance and quality.
Service agreement with a real estate agency
According to the provisions of the law protecting the consumer (Article 28 of the Federal Law), in the event of poor-quality provision of services by a realtor, the customer has the right:
- set a different deadline for performing the service;
- entrust its provision to a third party for an acceptable price and demand compensation from the culprit for the expenses incurred;
- demand a price reduction;
- refuse to fulfill the contract.
The considered consumer requirements are not subject to satisfaction if the realtor proves that he violated the terms due to force majeure or the consumer is guilty of this (Clause 6 of Article 28 of the Federal Law).
If the consumer does not want to fulfill the contract, the realtor cannot demand compensation for his expenses incurred in providing the service, as well as payment for the service provided, except if the consumer accepted the service provided (clause 4 of article 28 of the Federal Law).
Keep in mind! In case of poor-quality provision of services by a realtor, in terms of violation of the established terms for their provision, the consumer for each day of delay is paid a penalty in the amount of 3% of the price of the service.
In addition to failure to meet deadlines, consumers often suffer from inadequate quality of services from real estate companies, resulting in the provision of false information. The legislator provides for responsibility for this.
Cancellation of a contract for poor quality services provided by realtors is carried out according to generally accepted rules for terminating agreements.
Important point! By a resolution of the RF Supreme Court, the practice of agencies charging penalties for unilateral refusal of a service was declared illegal (09/07/2010 No. A64-7196/08-23).
The court's decision is obvious and merely duplicates existing legislative norms.
A real estate agent, if the contract is unilaterally terminated by his customer, will be able to receive compensation only for those expenses that he actually incurred. The inclusion of provisions on the payment of a penalty in a service contract is a restriction of a party’s right to unilaterally refuse to perform the contract, contrary to the provisions of civil law.
Protecting your legal rights is not a simple process, and at times it can be lengthy. Legally competent communication with the organization, correctly drawn up and executed documents - all this is the key to a successful resolution of the problem that has arisen. The chances of success are higher if a legal specialist deals with this issue.
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