Consumer Protection Law: 10 Rules for Business 

Every person sooner or later faces a violation of his rights: he buys an expired product, inoperative household appliances, or low-quality clothing. In recent years, violations in the sale of goods via the Internet have become increasingly common. There are frequent cases of provision of services of inadequate quality by medical institutions, banks, repair organizations, and tour operators.

To ensure that consumers are not left alone with violators of their rights and have the opportunity to exercise their right to receive quality services and goods, the state has provided certain measures. They will be discussed in the article.

To obtain legal advice on issues related to consumer protection, call the indicated phone numbers or write to us on the website. The initial consultation is free of charge.

Concept of consumer protection

Any citizen has the right to receive a product or service of appropriate quality that is safe for his life and health. The law also guarantees him the right to full information and redress.

According to the Law of the Russian Federation “On the Protection of Consumer Rights” No. 2300-1 of 02/07/1992 (hereinafter referred to as the RFPP), a citizen-consumer has two options to protect his rights. At the first stage, pre-trial protection is provided, that is, actions in the claims procedure.

The buyer independently tries to resolve the issue, and the seller (manufacturer or performer) has the opportunity to voluntarily satisfy the consumer’s demands, if they are justified. In this way, the violated consumer right is restored.

At the second stage, the case goes through judicial (claim) proceedings. In addition to the buyer of goods or services himself, other authorized bodies involved in protecting the rights of citizens can apply to the court on his behalf.

Claim proceedings in most cases are beneficial to both parties. It allows you to quickly and without additional costs establish all the circumstances of the dispute and, if necessary, take measures to restore the buyer’s rights. It is recommended that you contact a professional lawyer to file a claim.

Goods

Trade is a type of interaction between a consumer and a producer, in which the trade organization acts as an intermediary. In Federal Law N 2300-1, the second chapter is devoted to this topic, which protects the rights of individuals and legal entities to a quality product, information about it and its manufacturer.

Rights need to be protected from the moment defects are discovered in the purchased product, unless, of course, they were previously agreed upon by the seller or manufacturer. In this case, the buyer may (Article 18):

• demand a price reduction, replacement of an item with the same or similar one;
• refuse to fulfill the supply agreement;
• insist on eliminating defects;
• demand compensation for losses in full.

All quality claims can be sent to the seller or directly to the manufacturer. For goods sold at retail, claims are always sent to the seller, who can then forward them to the supplier or manufacturer.

If the consumer's claims are controversial, the products may be sent for examination. This is done at the expense of the providing party. If, as a result of the investigation, it turns out that the item acquired defects through no fault of the seller, supplier, manufacturer or importer, then the payment for examination services falls on the consumer.

Features of consumer protection when purchasing low-quality goods

If their rights are violated, the first thing a person should do is contact the store where the low-quality product was purchased. First, he must prove the fact of purchase by presenting a check, receipt, or contract.

The seller is obliged, at the buyer’s request (according to paragraphs 2.4 of Article 503 of the Civil Code of the Russian Federation):

• exchange defective goods for the same, but of good quality, with compensation for the price difference;
• reduce the cost of the item proportionately if, for example, the defect is minor and the buyer himself eliminated it;
• eliminate defects free of charge;
• accept the purchase back with a refund of its cost, cancel the contract.

If any defects are found, you can return or exchange any product. Sometimes, before being returned to the store, the product is damaged due to complete or partial use. As a result, the product may lose some of its consumer properties or presentation. However, the seller does not have the right to withhold from the buyer the amount by which the value of the goods has decreased (clause 5, p. 503 of the Civil Code of the Russian Federation).

If the buyer does not want to return a defective product, he may demand a reduction in its value, compensation for the costs of correcting defects, a refund of the money paid for the product, or compensation for losses. The store is also given 10 days from the date of application to comply with these requirements (Article 22 of the LPA).

At the buyer's request, the store is obliged to provide him with a replacement during this period. This applies only to durable goods, except cars, motorcycles, ships, furniture, certain electrical appliances and civilian weapons. When such items are repaired, their temporary replacement with a similar one depends on the goodwill of the seller or the terms of the contract. Replacement is made free of charge within 3 days from the date of request.

After completion of the repair, the warranty period is extended by the number of days the product was under repair.

Returning goods purchased remotely

The following options are possible:

• low-quality goods are returned (non-functional, damaged, with defects);
• a quality product is returned, but not suitable for the buyer for some reason.

It is not easy for the owner of an online site to accept back a serviceable and high-quality product, the money for which has already been capitalized. But this is the law. Although in this situation you can take measures that will “lay the straw” and prevent conflicts.

What do you need to do and know?

• Clearly state the conditions and terms for returning goods. If this is not done, then the seven-day period specified in the law may extend to three months. It’s better to protect yourself right away by stipulating your “rules of the game.”
• Remember that returning a product is possible only if its consumer properties are preserved.
• Visually inspect the product. You can only take back items that have not been used. All tags and labels must be preserved on the box and packaging. But, what is important, if a serviceable product is returned to you, but in dented packaging, you cannot refuse to return it. After all, the packaging could have been damaged by the courier service or Russian Post.
• Check documents. The buyer must present a cash receipt, a delivery note, and an act of acceptance and transfer of goods. Even if this is not the case, the law gives the buyer the right to use witness testimony that will confirm the fact of the purchase. It is important to remember this when refusing a return in a situation such as lost documents!

The most important thing is that returning a defective product is possible only if all of the above rules are simultaneously observed.

And yes, do not forget that not everything can be returned back. You cannot bring back goods that have individually defined properties. For example, a skirt that was sewn to order, or jewelry made according to the buyer’s sketch. You can safely send such clients home!

But at the same time, the list of prohibited returns in the standard, “real” one does not apply in online trading. This means that tights, perfumes, and underwear can be returned to you. Naturally, unused and with intact packaging.

Protection of consumer rights if the product is of high quality

According to the law, the buyer has the right to return to the store even a product of proper quality if he is not satisfied with it for some reason, for example, the item does not fit in style, color, size, or configuration.

The legislation has developed a list of goods that cannot be exchanged or returned. This applies to food products, as well as:

• personal hygiene items;
• perfumes and cosmetics;
• fabrics;
• underwear, socks, stockings;
• medicines and medical equipment;
• dishes, tableware or kitchen utensils;
• packaging materials, containers for storing or transporting food;
• building materials sold by the meter;
• household chemicals, pesticides, agrochemicals;
• furniture;
• jewelry;
• complex consumer electronics;
• book or printed products;
• animals, plants;
• civilian weapons, ammunition.

All other products can be legally returned within 14 days from the date of purchase without giving any reason, even if they are of good quality. At the same time, the product must retain all its original consumer properties, labels and seals must be in place. (clause 1 of article 502 of the Civil Code of the Russian Federation, article 25 of the Law on the Protection of Consumer Rights).

When returning goods, it is advisable to provide a receipt for payment and packaging. Although the absence of a cash receipt or sales receipt, as well as any other supporting document, cannot serve as a basis for refusal to accept the goods back. This is regulated by clause 5 of Art. 18 of the Law on Protection of Consumer Rights. This violation is punishable by a fine of 50% of the amount awarded to the consumer by the court (Clause 6, Article 13 of the PPLA).

The lack of packaging and wearing parts that become unusable during use cannot be grounds for refusing to accept the product back. According to the law, only goods can be returned, that is, the main product, its components and accessories.

The buyer has the right to return goods of inadequate quality within 2 years from the date of purchase. He has the right to restore the quality and value of the goods, receive compensation for legal costs, legal fees, and moral damages at the seller’s expense.

It is important to know

The Russian Federation Law “On the Protection of Consumer Rights” has been in force in our country for more than 20 years. We are all constantly participants in legal relations in the field of its application, buying or selling goods, ordering or performing any work. However, it is not always possible to protect your rights by applying this law. Let's try to understand this with specific examples.

Legislation on the protection of consumer rights regulates the relations that arise between consumers and manufacturers, performers, importers, and sellers when selling goods, performing work, or providing services.

In these relations, a consumer is necessarily an individual (citizen) who plans to purchase or order goods (work, services), is already purchasing or is already using previously purchased goods (work, services). At the same time, the Law clearly established that only that citizen who purchases and uses goods (work, services) exclusively for personal, family, household, household and other needs not related to business activities will be considered a consumer.

The other side of these relations is an organization, regardless of its legal form, or an individual entrepreneur, who can act as a seller, manufacturer, performer, authorized organization, or importer.

So, in order to apply the Law “On Protection of Consumer Rights” to the legal relations of the parties, the following features must be present:

— one party to the relationship should be a citizen, the other party should be an organization (individual entrepreneur);

- a citizen, acting as a consumer, must purchase goods (order work and services) exclusively for personal, family, household and other needs not related to business activities;

— the relationship between the parties must be built on a reimbursable basis (under a purchase and sale agreement, contract, provision of services).

The absence of at least one of the listed signs leads to the impossibility of using the provisions of the Law of the Russian Federation “On the Protection of Consumer Rights” when resolving disputes that have arisen between the parties. Let us give examples of those relationships to which the legislation regulating relations in the field of consumer rights protection does not apply.

Citizen Ivanova purchased a car from citizen Petrov. Subsequently, many significant shortcomings were identified in the car. Citizen Ivanova addressed Petrov with a claim in which, guided by the provisions of the Law of the Russian Federation “On the Protection of Consumer Rights,” she demanded the return of the money paid for the car, and warned that she intended to go to court with a claim to recover the cost of the car, moral damage caused, penalties and fines for failure to voluntarily satisfy consumer requirements. Are citizen Ivanova’s demands legitimate? No, they are illegal, because citizens entered into contractual relations with each other in order to satisfy their personal needs. Consumer protection legislation does not apply when resolving such disputes.

Citizens often make a similar mistake when they involve employees of the management organization in repair work in their apartment. A mechanic (or two mechanics) changes a heated towel rail or radiator and receives money from the tenant for the work. Please note that you pay money personally to an individual citizen, but at the same time you do not formalize any relationship with the organization in which he works. But what should you do if something goes wrong - it won’t heat, it will leak several floors down, causing damage to your neighbors? In this case, will the management company be held responsible for poor quality work performed by the locksmith? Unfortunately, it won’t, because you actually commissioned and then paid for work performed not by an organization, but by a citizen. Therefore, consumer protection legislation cannot be applied in this case. You will have to compensate for the damages yourself, trying at the same time in court to prove the fault of the locksmith and recover damages from him. But this will be difficult to do. Conclusion: do not be lazy to formalize everything, receiving from the organization documents confirming what work was performed and documents confirming their payment.

However, the possibility of applying consumer protection legislation to transactions concluded between two individuals (citizens) exists. The Supreme Court of the Russian Federation in the Resolution of the Plenum of June 28, 2012 No. 17 “On the consideration by courts of civil cases in disputes regarding the protection of consumer rights” noted that a citizen carrying out business activities without forming a legal entity in violation of the requirements established by Article 23 of the Civil Code of the Russian Federation is not has the right to refer in relation to transactions concluded by him to the fact that he is not an entrepreneur. The Supreme Court of the Russian Federation emphasized that such transactions are regulated by the Law of the Russian Federation “On the Protection of Consumer Rights”. It is worth noting that the consumer, trying to obtain protection in court in this case, will be obliged to provide the court with evidence that the citizen is indeed systematically engaged in entrepreneurial activities.

Citizen P., on behalf of and at the expense of organization “N,” purchased a printer in the store. Subsequently, the printer was used in the company's office. After some time, the printer broke down and organization “N” sent a written complaint to the store, in which it demanded the replacement of the faulty product with reference to the Law of the Russian Federation “On the Protection of Consumer Rights”. The store refused to satisfy the claim, citing the fact that the purchase of the printer was made by citizen P. not for personal household purposes, but to meet the needs of the organization “N”. The district court to which the buyer appealed rejected the claim. The court in its decision noted that the Law of the Russian Federation “On the Protection of Consumer Rights” regulates only relationships that arose exclusively for personal, family, household, everyday and other needs not related to business activities.

Citizen Y. purchased a car from an official dealer - a Fiat Ducato van, intended for cargo and passenger transportation. During the warranty period, the car's engine failed. The dealer accused the owner of violating the operating rights. The plaintiff filed a claim for consumer protection. During the consideration of the claim, the plaintiff explained to the court that he uses the van to travel to the country and to transport goods for personal purposes. But the court had doubts - as it turned out, not groundless. The tax authorities informed the court that the plaintiff was registered as an individual entrepreneur in the field of freight transportation. Having received evidence that the plaintiff is not a consumer, because does not use the purchased car for personal household purposes, the court refused to satisfy the claims made by the plaintiff in the lawsuit.

entered into an agreement to carry out office renovation work. The work was performed poorly and, guided by the legislation on the protection of consumer rights, it sent a pre-trial claim, which was rejected on completely legal grounds - it is impossible to apply the provisions of the mentioned Law to relationships in which two organizations are parties.

The legislation on the protection of consumer rights regulates relations arising from paid contracts, therefore, if a gratuitous civil law contract is concluded between the parties, then they are not regulated by this legislation. An example of such a relationship is an agreement on free storage of outerwear in the organization’s wardrobe.

However, it often happens that the contract does not indicate its price, although in essence the contract is compensated. The Plenum of the Supreme Court of the Russian Federation dated June 28, 2012 No. 17 determined that the legislation on the protection of consumer rights applies to such relations. Let's explain this with an example.

The plaintiff filed a lawsuit against the real estate agency for compensation for material damage caused during the conclusion of an illegal transaction, collection of penalties and compensation for moral damage. The court of first instance concluded that since the contract for the provision of services concluded between the plaintiff and the defendant did not contain an indication of the cost of services, the services of the real estate agency for the purchase of an apartment were provided free of charge, and therefore the provisions of the legislation on the protection of consumer rights to cannot be applied to these legal relations. The judicial panel for civil cases of the regional court agreed with these conclusions.

At the court hearing, the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation established that an agreement for the provision of services was concluded between the parties, the subject of which was the provision by the real estate agency of a range of services for the sale of a two-room apartment and the acquisition of a one-room apartment for the plaintiff. The contract price was not determined by the parties. Meanwhile, the court noted that the absence in the contract of an indication of the cost of the services provided does not indicate the invalidity of this contract, but only gives the contractor the right to demand payment from the customer for his services on the basis of paragraph 3 of Article 424 of the Civil Code of the Russian Federation, according to which in cases where in a compensation contract, the price is not provided and cannot be determined based on the terms of the contract; the execution of the contract must be paid at the price that, under comparable circumstances, is usually charged for similar goods, work or services. The court indicated that, in accordance with paragraph 1 of Article 29 of the Law of the Russian Federation “On the Protection of Consumer Rights,” the consumer has the right to demand full compensation for losses caused to him in connection with deficiencies in the work performed (service provided). Previous court rulings in the case were overturned.

Thus, relations related to the provision of intermediary services by legal entities and individual entrepreneurs (including those that do not contain conditions on the cost of such services) in the real estate transactions market are subject to the Law on the Protection of Consumer Rights. Such services include real estate services, which consist, in particular, in the selection of options for real estate for their subsequent purchase and sale, rental by citizens for purposes not related to business activities, assistance in concluding purchase and sale transactions for these citizens and other transactions in in relation to real estate, organizing the sale of real estate on behalf of these citizens.

Such relations, in particular, include relations arising from a government loan agreement concluded through the acquisition by the lender of issued government bonds or other government securities, and the legislation on the protection of consumer rights does not regulate them. The subject of a government loan agreement is money that one party (the lender) transfers into the ownership of the other party (the borrower). In accordance with Article 817 of the Civil Code of the Russian Federation, under a state loan agreement, the borrower is the state. By purchasing bonds or other government securities, a citizen provides the state with a loan in the form of funds. In this case, the citizen is not provided with a service, and, accordingly, the Law of the Russian Federation “On the Protection of Consumer Rights” cannot be applied.

It should be noted that the Supreme Court of the Russian Federation, in Resolution of the Plenum of June 28, 2012 No. 17 “On the consideration by courts of civil cases in disputes regarding the protection of consumer rights,” protected the rights and legitimate interests of citizens entitled to state social assistance and using goods during its sale or services, receiving them free of charge. The Supreme Court of the Russian Federation indicated that citizens in such cases have the right to make demands on the manufacturer (seller) of these goods, the provider of services, in the manner prescribed by the legislation on the protection of consumer rights.

Non-profit organizations can be public associations, housing construction, dacha construction cooperatives, partnerships, etc. Consumer protection legislation cannot be applied to disputes related to the membership of citizens in such organizations. But often these organizations, in accordance with their charters, provide paid services to citizens (including members of these organizations). For example, citizens receive paid legal assistance from consumer rights protection societies, and homeowners' associations provide paid utility services to citizens. Such relations are regulated by the Law of the Russian Federation “On the Protection of Consumer Rights”.

Advocacy is qualified legal assistance provided on a professional basis by persons who have received the status of lawyer. Assistance is provided to individuals and legal entities in order to protect their rights, freedoms and interests, as well as to ensure access to justice. Lawyering is not a business activity, therefore the Law “On Protection of Consumer Rights” is not applicable to it.

The rules of conduct for a lawyer when carrying out legal activities, the grounds and procedure for holding a lawyer accountable are established by the Code of Professional Ethics for Lawyers.

But if a citizen enters into a civil contract for the provision of legal assistance (including consultation, preparation of legal documents, etc.) not with a lawyer, but with an organization, then there are no restrictions on the application of consumer protection legislation in this case.

In accordance with Article 1 of the Fundamentals of the Legislation of the Russian Federation on notaries, the notariat ensures the protection of the rights and legitimate interests of citizens and legal entities by performing notarial acts provided for by legislative acts on behalf of the Russian Federation. This activity is not a service in the civil sense, therefore, consumer protection legislation is not applicable. Refusal to perform a notarial act or incorrect performance of a notarial act is appealed in court.

An exception is the activity of notary offices in providing citizens with paid services not related to the implementation of functions of a government nature (consultations, printing works, etc.). The provisions of the legislation on the protection of consumer rights apply to the legal relations arising in this case in full.

In accordance with the Constitution of the Russian Federation, courts are bodies of state power and administer justice by considering civil, criminal and other cases in court sessions in the procedural form established by law. Legislation regulating consumer rights cannot be applied in such relations.

An example of such a relationship is a citizen’s application to the passport and visa service to obtain a passport, visa, etc. The Russian Federation Law “On the Protection of Consumer Rights” does not regulate these relationships.

Unfortunately, various “games” and “competitions” that are not authorized by law have become quite widespread. They are based on the excitement of citizens who take part in them in order to receive a win (prize). The relations arising in connection with this, which have a well-defined independent legal regulation within the framework of civil legislation (Chapters 56, 58 of the Civil Code of the Russian Federation), are not regulated by the norms of legislation on the protection of consumer rights.

Particular attention should be paid to the issue related to voluntary property insurance contracts for citizens (including MTPL and CASCO contracts, which are well known to all car owners). Judicial practice, including the position of the Supreme Court of the Russian Federation, on this issue has changed several times, either recognizing such relations as consumer relations, or excluding them from the scope of the Law of the Russian Federation “On the Protection of Consumer Rights”.

In June 2012, the Supreme Court clarified that relations arising from insurance contracts for the property of citizens must be regulated by Chapter 48 “Insurance” of the Civil Code of the Russian Federation, the Law of the Russian Federation “On the Organization of Insurance Business in the Russian Federation”, as well as the Law of the Russian Federation “On the Protection of Consumer Rights” , which applies to those rights that are not regulated by special laws, namely:

— the right of citizens to provide information (Articles 8-12 of the Law);

— liability for violation of consumer rights (Article 13 of the Law);

- compensation for harm (Article 14 of the Law);

— compensation for moral damage (Article 15 of the Law);

— alternative jurisdiction (clause 2 of Article 17 of the Law);

— a fine for failure to voluntarily satisfy consumer requirements in the amount of fifty percent of the amount awarded by the court in favor of the consumer (Article 13 of the Law);

— exemption from payment of state duty (clause 3 of Article 17 of the Law) in accordance with clauses 2 and 3 of Article 333.36 of the Tax Code of the Russian Federation when filing a claim in court.

This point of view is documented in the Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 28, 2012 No. 17 “On the consideration by courts of civil cases in disputes regarding the protection of consumer rights,” as well as in the Review of certain issues of judicial practice related to voluntary insurance of property of citizens, approved by the Presidium of the Supreme Court of the Russian Federation on January 30, 2013.

Also read along with this article:

Author: Irina Sokolova, head of the analytical department of the Russian Consumer Association

Deadlines for fulfilling buyer requirements according to law

If the buyer wishes to exchange or return the goods, the law sets the deadlines for the store to comply with his requirements. The law provides 10 days for refunds. They are issued in cash to the buyer, transferred to his card or account. All return costs are at the expense of the seller.

If the buyer requests a replacement product:

1. Replacement is made within 7 days from the date the buyer contacts the store.
2. If additional quality control of a faulty item is needed, this period is extended to 20 days from the date the buyer contacts the store.
3. If the seller does not have a suitable replacement item, he has the right to make a replacement within 30 days.
4. If these terms are violated, the seller pays a penalty for each day of delay (Article 30 of the LPA) in the amount of 10.5% per annum.

The store is given no more than 45 days to correct deficiencies. Usually the period is specified in the contract. If this clause is not in it, the store is obliged to eliminate the deficiencies in the minimum time period objectively necessary to eliminate them (clause 1 of article 20 of the LPA).

Consumer protection when purchasing online

When purchasing goods online, the same laws and regulations apply as when purchasing in brick-and-mortar stores. A defective item or item can be returned before the end of its warranty period. If the product weighs more than 5 kg, the online store is responsible for its delivery to the service center. He takes care of the delivery to the service center or pays for it (clause 7, article 18 of the PZPP).

The product remains in the service center for a period of no more than 45 days (Clause 1, Article 20). If a certificate is issued stating that the product cannot be repaired, the seller is obliged to return the buyer’s money or make an exchange.

The seller is obliged to inform

In order for the sales contract to be complete, the seller must provide potential buyers with all information about the product. The letter of the law obliges him to do this.

So, the online store must convey to customers:

• basic consumer properties of a product or product;
• price in rubles (yes, this is important, since trade is carried out on the territory of Russia, and the jumping dollar exchange rate should not affect the Russian buyer);
• composition of the product, consequences of its use. Be prepared for the fact that if this information on the website is not enough, the buyer can address questions directly to the store management;
• your address, actual and legal;
• telephone number, fax, email address;
• information about the place of manufacture of the goods. And at the same time, not only indicate the country of manufacture, but also write the address - city, street, province, etc. By the way, barcodes, which contain all this information, are not recognized by law as sources from which the buyer should obtain information about the product.
• full trade name of the seller or manufacturer;
• validity period of the price or conditions of the promotion;
• order and options for delivery of goods;
• service life and shelf life of the product, warranty periods;
• the period and procedure for returning the amount paid by the buyer for the goods.

Please note that all this information must be provided to the buyer in writing and prior to the execution of the purchase agreement. If any of these points are missed, the product may be returned and a refund may be required.

Where to go if consumer rights are violated

If his rights are violated and the seller refuses to satisfy his claims, the buyer has the right to file a corresponding complaint with one of the institutions whose responsibilities include protecting the interests of citizens.

List of institutions to contact:

1. Local branch of Rospotrebnadzor. A 24-hour toll-free hotline is provided for citizens.
2. Local branch of the Consumer Protection Society.
3. Department of the consumer market under local governments.
4. Prosecutor's office.

A complaint can be submitted by personal visit or through the MFC. And if contacting these organizations does not give the desired result, you need to go to court.

Services and works

In Chapter Three, these terms are used synonymously. However, there is a difference between them. Work is, of course, an action that has characteristics of services. However, work can be unfinished, while a service can only be so if it is brought to its logical end.

Regarding the provision of services, Federal Law No. 2300-1 regulates:

• terms for providing services, eliminating deficiencies, satisfying requirements (Articles 27, 28, 30, 31);
• actions when deficiencies are discovered (Articles 29, 32);
• drawing up estimates and payment details (Articles 33, 37);
• informing consumers about special circumstances affecting quality (Article 36);
• the specifics of performing certain types of work (Article 34, , , 39.1).

Protection of consumer rights in court

Upon receipt of a written refusal from the store manager, the citizen has the right to file a claim in court. This document must be drawn up in compliance with certain rules. You can write it yourself or contact a lawyer.

The number of copies depends on the number of defendants in the case. If there are two defendants, 3 statements must be written: one for each, and the third is sent to the court.

The application is submitted during a personal visit to the court or by mail. The consideration of such cases is carried out by the magistrates' courts at the location of the plaintiff or defendant, or at the place where the contract was concluded. If the claim exceeds the amount of 50 thousand rubles or there is a demand for compensation for moral damage, you can appeal to the district court.

And if the plaintiff does not agree with the decision, then he can appeal it to a higher court. When a decision is made in favor of the consumer, bailiffs monitor compliance with the execution of this decision.

In addition to compensation for the cost of the goods, the plaintiff may receive compensation for moral damage, the amount of which is determined by the court and does not depend on the amount of compensation for property damage and losses incurred by the buyer (Article 15 of the PPA).

If the seller refuses to voluntarily compensate the buyer's claims in pre-trial order, he will be subject to a fine in favor of the buyer in the amount of 50% of the amount awarded to the plaintiff.

Why you can’t do without the help of a lawyer

In many cases, when stores or service providers ignore citizens' complaints and claims, many people simply abandon all attempts to achieve justice due to lack of time and knowledge. In this case, it is recommended to hire a lawyer who is guaranteed to help you win the case.

You should contact a specialist at the stage of filing a claim. A consumer rights lawyer will provide a free consultation, study all the intricacies of the case, and develop an action strategy.

With the help of a competent lawyer, you can:

1. Protect your rights pre-trial: return money, replace goods, properly complete all necessary documents, file a claim.
2. Organize legal proceedings to achieve a favorable result for yourself. In this case, you will not need to attend court hearings.
3. Compensate for damage if your life, health or property was harmed. A lawyer will help you file a claim against a store, medical institution, educational organizations, travel companies, repair and construction organizations.
4. Terminate the contract with the organization.
5. Organize interaction with government agencies, sellers of services and goods.

Without special knowledge, it is difficult to draw up a statement of claim or other document in such a way that it is accepted and becomes the basis for resolving the issue in favor of the plaintiff. In addition, the lawyer will assist in conducting the examination

Our attorneys and lawyers understand all the intricacies of the relationship between consumers and sellers. Many years of experience and excellent knowledge of the law help us expose all the tricks of sellers and bring them to justice. We undertake the full management of the case without the participation of the client from the moment of his application until a favorable result is obtained.

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