What is the legal deadline for responding to a claim?

Home / Claims / How long do you have to wait: the period for consideration of a claim under the consumer protection law

Often, after a shopping trip, the buyer experiences not joy from the purchase, but a feeling of disappointment. The purchased product may not meet any criteria, or may simply be of poor quality. But don’t despair in this situation, you just need to go to the point of sale and try to return or replace the product.

If the negotiations did not lead to the desired result, you need to write a claim. In what case is it written? What is the time limit for reviewing a claim under a PPP? What to do if the requirements are not met? Let's talk about all this in more detail.

Time limit for consideration of a claim by law: sources of legal regulation

The legally established period for consideration of a claim or its satisfaction follows from the regulatory documents:

• Civil Code (Art. 452, Art. 810, Art. 837) regarding changes and termination of contracts, loan repayment, deposit issuance, etc.;
• Law “On the Protection of Consumer Rights” dated 02/07/1992 No. 2300-1 (hereinafter referred to as the Law) in terms of regulating the consideration of citizens’ claims to business entities in relation to completed and provided (or to be performed) work and services, as well as purchased goods;
• Inland Water Transport Code (Article 163), regulating the time frame for consideration of a claim by a carrier or towing company;
• Law “On Compulsory Motor Liability Insurance” dated April 25, 2002 No. 40-FZ, which contains the deadlines for consideration of claims by insurance organizations.

There are other regulatory documents regulating the procedure (including timing) for considering applicants’ claims in specific areas of civil legal relations. Judicial practice, although it does not establish legal deadlines, does clarify some issues regarding the procedure for calculating them.

How long does it take to process an application for a refund for a service?

What is the period for reviewing a claim? A claim is considered to be the presentation of demands for the proper performance of an agreement by one party to the legal relationship to the other in writing. The time frame for consideration of the claim often depends on the content of the claim process and the type of legal relationship. Time limits for consideration of a claim The law does not establish specific requirements that determine the time limits for filing and consideration of claims. Application for refund (offset) of overpaid or overcharged amounts of customs duties, taxes and other funds N 2520 The customs authority of the Russian Federation must refund the customs duties erroneously overpaid by the organization when importing goods into the territory of the Russian Federation.

Upon receipt of the parcel, the product distributor must supplement it with appropriate documents that relate to the methods and timing of returning the order. By law, this period is seven days. That is, after receiving and opening the parcel, if there are defects in it or you simply don’t like the product, you have the right to return it.

If the seller does not have such information, the goods can be returned no later than 90 days. Naturally, the product must be in its original form with receipts and labels intact. Terms for returning money for goods of good quality to a bank card Quite often you pay for purchases using a bank card. And in case of a refund for the purchased goods, they will also be returned to your card.

What and how to write in it are described above in this article. According to current legislation, the buyer has the right to return or replace the product if it does not suit him according to certain parameters or, after purchase, the consumer discovers defects, defects, etc. And the seller is obliged, again according to current legislation, to replace the product or refund the cost of the returned goods in full. The time frame for considering a consumer claim for a product in accordance with Law No. 2300-1 depends on the requirement.

How to calculate a penalty of 1% of the price of the goods for each day of delay? Our lawyers answer how to calculate it correctly. Please note that under contracts for the performance of work or the provision of services, another penalty is applied - 3% of the price of the work for each day of delay. Which article provides for a penalty of 1% of the price of the goods?

For violation of the deadlines provided for in Articles 20, 21 and 22 of this Law, as well as for failure to comply (delay in fulfillment) of the consumer’s requirement to provide him with a similar product for the period of repair (replacement) of a similar product, the seller (manufacturer, authorized organization or authorized individual entrepreneur, importer) who allowed such violations, pays the consumer a penalty (penalty) in the amount of one percent of the price of the goods for each day of delay. We will tell you below how to fill out such a document correctly. Content

• If you would like to replace the product, please submit a return request. The store will offer you a sample and tell you how to fill it out correctly;
• If a worthy replacement is not found in the store, you are required to return the money.
• In what period should money be returned for returning goods of proper quality? In accordance with legal regulations, you are required to return it within 3 days from the date of writing the application.

Within what period of time is the seller obliged to consider an application submitted by the buyer containing a request for the return of purchased products? Again, I would like to emphasize that the seller has the right to refuse to return the product if its presentation is not preserved or the consumer characteristics are damaged (it is unlikely that anyone will want to accept back an item if, for example, the labels were cut off or the packaging was damaged). How long does it take to process an application for a refund for a service?

The legal period for consideration of a claim is 30 days: in what cases? Deadline for responding to a pre-trial claim

By virtue of clause 2 of Art. 314 of the Civil Code, the creditor’s claim must be presented within a reasonable time. Consideration of this requirement is carried out within a time period consistent with business customs.

The concept of custom is given in paragraph 2 of the resolution of the Plenum of the Supreme Court “On the application by courts of certain provisions of Section I of Part 1 of the Civil Code of the Russian Federation” dated June 23, 2015 No. 25. It should be understood as an established rule that has been established over time, which, however, is not enshrined in the norms current legislation.

In paragraph 2 of Art. 452 of the Civil Code contains a provision that if the deadline for responding to a proposal to amend or terminate the contract is not indicated in the claim itself, or does not follow from the law or the contract, then it should be taken equal to 1 calendar month.

Based on this norm and business customs, the period allotted for consideration of a claim is considered reasonable if it does not exceed 1 month. The deadline for responding to a claim by law is set at 30 days only in relation to a proposal by one of the parties to the transaction (claim) to amend a civil contract or to terminate it.

Will a claim be considered if it is filed before the deadline for responding to the claim and receiving this response from the counterparty has expired? Find out the answer to your question in ConsultantPlus. Get trial access to the system and start learning the material for free.

When submitting a pre-trial claim in cases where the pre-trial procedure for resolving a dispute is mandatory, it is also necessary to proceed from a reasonable period for its consideration, if the legally established time limits for providing a written response to the applicant in such cases are not provided. Since these deadlines are established by the APC (Part 5, Article 4), this rule applies only to certain types of civil law relations with the participation of an individual.

How to prepare an answer: step-by-step instructions

The letter is drawn up in the same form as the claim itself. The requirements for its form and details also apply to the response. The document is drawn up and presented:

• in free form;
• in writing on a form;
• addressed to the applicant;
• signed by the recipient of the claim personally or by a person authorized by him.

The structure of the letter to the applicant and step-by-step instructions on how to write a response to a claim are based on current regulations and the practice of resolving such disputes.

Step 1. In the header, indicate the sender - the full name of the organization, actual address, INN, KPP. Fill in the addressee's details:

• position, surname, first name, patronymic;
• or the full name of the company, actual address.

Indicate the registration data of the outgoing request in accordance with the internal document flow of the enterprise and indicate the date of preparation.

Step 2. The second part is the main one, containing a detailed and reasoned answer. Be sure to indicate here:

• the exact date of receipt of the claim;
• indicate its essence and, if there are financial requirements, enter the amount (in numbers and words);
• number and date of signing of the document within which the sender of the claim acts (for example, an agreement).

Formulate the text of the answer - your opinion on the essence of the content of the requirement.

IMPORTANT!

If the counterparty's request consisted of several points, respond with separate points.

The summary part, as the example of a response to a claim shows, contains references to clauses of the contract and the norms of current legislation.

Step 3: Provide a summary. Reflect in it your readiness to fulfill the demands put forward in full, in part, or disagreement with them.

Step 4. Finally, the text is signed by the responsible employee of the enterprise with the obligatory decryption of the signature.

What is the deadline for responding to a claim under the Law “On Protection of Consumer Rights”?

The deadline for a written response to a consumer’s application is not established either by the Civil Code or by specialized legislation on the protection of consumer rights. In this regard, the practice of civil law relations develops in such a way that their participants use the deadline for responding to proposals to amend and terminate the contract, as well as the general rule on the deadline for responding to a citizen’s appeal, provided for by the law “On the procedure for considering appeals from citizens of the Russian Federation” dated 02.05.2006 No. 59-FZ. The period fixed by these regulations is 30 calendar days, i.e. a month.

Special deadlines are established for consideration of appeals in the form of claims from consumers - individuals. For example, such a period is established by the Rules for the provision of services for the transportation of passengers by rail, as well as cargo, luggage and cargo luggage for personal, family, household and other needs not related to business activities (approved by Decree of the Government of the Russian Federation dated March 2, 2005 No. 111 ).

At the same time, the Law provides for a number of deadlines during which the business entity must satisfy the consumer’s requirement. On the one hand, these rules for the consideration of claims do not provide for the provision of a written response, but on the other hand, they should actually contribute to a comprehensive resolution of the dispute. Thus, the claim is considered on its merits.

Why might a refusal be received?

A refusal may be obtained if the requirements are unfounded or the statute of limitations has expired. If there are no objective reasons for this, then the applicant can appeal to Rospotrebnadzor or the court. A complaint may also be filed with the prosecutor's office.

Deadline for consideration of claims by mobile operators. Photo: lawportal37.ru

Any application must be accompanied by a copy of the claim previously sent to the violator, which confirms that the injured party tried to resolve the dispute amicably.

Time limit for responding to a consumer complaint by satisfying it

The law provides the following deadlines for satisfying claims of individuals who purchase goods:

• Defects discovered after purchase must be eliminated immediately or within a period not exceeding 45 days (by mutual agreement of both parties) - clause 1 of Art. 20;
• 7 days is the period for replacing goods with defects - para. 1 clause 1 art. 21;
• within 20 days, goods with defects must be replaced if additional verification of its quality and condition is required - para. 1 clause 1 art. 21;
• Goods of inadequate quality must be replaced within 1 month, if the seller does not have the goods required for replacement - para. 2 p. 1 art. 21;
• the period required for delivery of goods to the regions of the Far North in order to replace low-quality goods - para. 3 p. 1 art. 21;
• A 10-day period is established to satisfy such consumer demands as price reduction due to product defects, return of the cost of goods, compensation for losses, etc. - Art. 22.

For failure to comply with the specified deadlines, the seller bears liability established by law, which is additional evidence of the imperative nature of compliance with the specified deadlines.

An analysis of legislative norms in a dispute between counterparties and the absence of a response to a claim was carried out by the Consultant of the Ministry of Finance of the Russian Federation, Yu. Lermontov. Get free trial access to the ConsultantPlus system and get acquainted with the expert’s point of view.

What to do if they don't respond?

Sometimes the buyer, in addition to the desire to restore justice and get money for poor quality products, has a desire to punish the unscrupulous entrepreneur. In this case, you need to contact Rospotrebnadzor . Such an appeal must be of a claim nature. That is, if the buyer filed a complaint with the store, but it was not considered, he has the right to appeal to the state body for the protection of consumer rights.

After writing an application to Rospotrebnadzor, an unscheduled inspection will be carried out at the organization. If violations are discovered during this inspection, a fine will be imposed on the organization.

If necessary, an employee of Rospotrebnadzor can act in court on the side of the injured consumer.

If the buyer’s goal is to protect personal interests - return of money, compensation for material or moral damage, then in this case it is necessary to file a lawsuit. According to statistics, the court takes the side of the victim, that is, the buyer. If the seller does not respond to the claim, in addition to paying the claims, he may be subject to a fine of the same amount.

If you are interested in how to correctly write a complaint to Rospotrebnadzor, read a separate material prepared by our editors.

Case practice

Cases of returning or replacing low-quality goods are most often resolved on the spot, after negotiations or writing a request. However, not all entrepreneurs are ready to part with the proceeds for the goods, and some unscrupulous companies simply ignore customer complaints.

In this case, the bet is that the buyer will not want to waste his time on legal proceedings , and he will simply come to terms with the situation that is not in his favor.

However, not all buyers can just part with their money; some are ready to defend their interests in court. Let's look at a few examples.

The district court of Saratov received an application from citizen E.N. Isaeva. The application was written for the “Giant” furniture store. In a statement, citizen Isaeva explained that she purchased a folding table from this store. The purchase was made via the Internet, the receipt was sent by email, access to which is limited.

During operation, a significant flaw was discovered in the table - the folding mechanism does not work. Because of this defect, it is not possible to use the piece of furniture for its intended purpose.

Citizen Isaeva visited the company’s office, where she explained her problem and demanded a refund for the purchase, which she was denied due to the lack of a receipt. Then the buyer wrote a complaint demanding a refund. After 10 days there was no response to the complaint. In the statement of claim, citizen Isaeva E.N. demanded compensation for material and moral damage.

The court, having considered all the circumstances of the case, made a decision: according to Article 15, Art. 18, Article 4 of the Federal Law of the Russian Federation 2300-1, satisfy the claim in full .

According to Article 15 of Federal Law 2300-1, the buyer has the right to claim compensation for moral damage in court.

The court in Petukhovo received an application from M.P. Shelunov. In the application, he demanded to recover from the defendant (Kanord LLC - a furniture sales company) money for the kitchen set that was purchased from this company, as well as compensation for expenses for transportation of these products back to the defendant (seller).

The plaintiff explained that when trying to assemble this set, he discovered that the doors from the wall cabinets did not fit in size, which he informed the seller about on the same day after visiting the company’s office. The plaintiff wrote a claim, but did not receive a response to it within the time limit required by law.

The court, having considered the circumstances of this case, satisfied the claim in full, and also issued a fine to the defendant in the amount of 0.5 of the amount of the claim.

Results

Thus, in most cases the legislator does not establish a time limit for sending a written response to the applicant’s claim, in connection with which business customs may be applied, according to which a period of 1 month is considered reasonable. At the same time, the Law “On the Protection of Consumer Rights” establishes specific deadlines for satisfying the demands of applicants, which are mandatory for compliance.

Sources:

• Civil Code of the Russian Federation
• Law of the Russian Federation dated 02/07/1992 N 2300-1 “On the protection of consumer rights”
• Federal Law of April 25, 2002 N 40-FZ “On compulsory insurance of civil liability of vehicle owners”
• Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 23, 2015 N 25
• Federal Law of May 2, 2006 N 59-FZ “On the procedure for considering appeals from citizens of the Russian Federation”

You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.

Claims within credit legal relations

According to statistics, the majority of monetary claims are related to credit legal relations and their derivatives. This is understandable both due to the serious volume of the lending market and the often arising conflict of interests. Unfortunately, imperfections in the legislative framework, economic instability, tricks and violations of the law on the part of the banking sector often manifest themselves to the detriment of the interests of clients.

Within the framework of credit legal relations, the most frequently filed claims are:

• on recalculation of debt under a loan agreement;
• on recalculation of interest upon early repayment of the loan;
• about the return of insurance.

In order to resolve the above issues, almost all banks provide for the client to submit appropriate applications in the form established by the credit institution. Claims are sent directly either in the event of a dispute or in situations where the bank has not responded to the client’s application or made a decision that violates his rights.

The requirement to recalculate debt may be due to various circumstances:

• early partial repayment;
• unlawful accrual of commissions, penalties, penalties;
• incorrectly (erroneously or intentionally) performed previous recalculation;
• the client wishes to return, in his opinion, the excessive amount paid to repay the debt.

A claim for recalculation of interest upon early repayment of a loan is sent to the bank in the following cases:

• if the recalculation for partial repayment of the loan was not made automatically;
• the bank did not fulfill the client’s request for recalculation of interest, indicated by him in the statement of intention to repay the loan early;
• the bank made an error in the calculations;
• if a request is made to recalculate interest on a repaid loan and return the overpaid amount.

Insurance claims are a common practice. If the bank acted as a beneficiary, it is not interested in the return, and, more importantly, it almost never does this on its own initiative. Here, a claim, in fact, is the only opportunity, firstly, to state your demands, and secondly, to find out the bank’s position. There are also few options for pre-trial resolution of the dispute - either the bank will return the overpayment for insurance, or you will have to go to court.

In any dispute over loans, it is very important:

• prepare your calculations and it is best if this is done by a specialist who can simultaneously indicate calculation formulas and links to regulations;
• present your position in a reasoned and convincing manner, citing the provisions of the laws;
• Attach to the claim copies of contracts, payment documents and correspondence with the bank, if it previously took place.

When preparing a claim for a loan, you should treat it in the same way as if you were preparing a claim in court. In the claim itself, it is advisable to indicate your intention in the future, in the event of the bank’s refusal to fulfill the requirements, to seek judicial protection.

When does a claim arise against a bank regarding a loan or deposit?

The reasons for a borrower or depositor filing a claim with a bank can be very different. One of the main reasons is the tricks of financial organizations chasing big profits. Among these, not always legal, tricks are unreadable font in the loan agreement, bank commissions, etc. The leading position is occupied by a claim to the bank under a loan agreement.

In addition, we can name the following reasons for claims against financial and credit organizations (banks):

• violation of the deadlines for the performance of any service or operation (untimely transfer of funds - a claim to the bank for a refund, delay in issuing bank cards, etc.);
• the conditions under which a particular service is provided;
• incorrect debiting of funds;
• problems with the ATM (non-dispensing of cash, lack of money in the account);
• poor advice from bank staff;
• false information;
• transfer of bank client data to a third party;
• inappropriate behavior of bank employees.

Quite often there is a claim against a bank for fraud, and this category often includes mistakes made by employees of a financial institution when drawing up contracts and loans. A claim for the return of insurance is submitted in cases where the client does not agree with the increased interest rate when drawing up a loan agreement. On average, it takes the bank from a week to twenty days to consider a claim.

The claim came only by email

A similar argument, and also usually not accepted by the courts.
Filing a claim by email to a company is acceptable if its address is indicated in the contract or on the organization’s website. In this case, the courts take into account whether the company responded. If she entered into correspondence, then this fact confirms that the claim was received (Determination of the Moscow City Court dated October 19, 2018 No. 4g-12927/2018).

Moreover, an electronic claim is recognized if the contract or work order stipulates that the parties can exchange SMS messages or email about the progress of the contract (Appeal ruling of the Moscow City Court dated February 28, 2019 No. 33-5010/2019).

The claim requires the goods along with money

It's a valid point, it shouldn't be like this.
The consumer can demand or exchange the product for a similar one, or accept it back and return the money.

He has no right to ask for both at the same time. This would be unfair, which is why law No. 2300-1 does not provide for it.

Consequently, if the seller sees that the claim contains two specified requirements at once, then he has the right to consider them mutually exclusive and not satisfy either one or the other.

The company cannot choose which of them to satisfy at its own discretion, since the law does not authorize it to do so. The right to choose a claim is the sole prerogative of the buyer.

Taking into account the above, when faced with a claim of mutually exclusive content, the organization has the right to leave it without satisfaction until the consumer clarifies his intentions (Appeal ruling of the Moscow City Court dated January 18, 2018 No. 33-1447/2018).

The claim did not refer to moral damages

Such an argument specifically against paying compensation for moral damage is untenable.
The consumer is not obliged to indicate in the claim a requirement for compensation for moral damage in order to later recover this compensation in court. The laws do not prescribe such dependence.

Therefore, it is useless to refer to the absence in the claim of a requirement for compensation for moral damages to the selling company in court.

If the basic demands of the consumer-plaintiff are recognized as valid and are satisfied by the court, then compensation for moral damage at the request of the plaintiff is awarded to him automatically.