Protection of the rights of the consumer. How to file a claim? Many in the Russian Federation knowabout existence of the law “ About consumer protection “. However, having bought goods of inadequate quality or having faced low-quality service very few people hurry to assert the rights. For example, article 18 of the above-mentioned law gives to the consumer if the goods of inappropriate quality, the right to demand from the seller are sold to it:
- to replace with goods of the same model, brand or article;
- to replace with similar goods of other model, brand or article, but with recalculation of the price;
- the corresponding reduction of price;
- is gratuitous to eliminate defects of goods or to compensate the means spent for elimination of marriage by the consumer or the third party;
- in general to refuse the contract of purchase and sale and to demand to return money.
According to article 29 of the same law in case of rendering low-quality services the consumer has the right to dissolve the contract and, respectively, to demand to return the paid sum.
But to impose the requirements, it is necessary to state them in writing, i.e. to write a claim .
The claim has to include the following surely:
1) to whom the claim is addressed (the legal entity / the individual entrepreneur);
2) from whom a claim - a full name, the address, phone for communication;
3) detailed description of a reason for a claim (defect of goods / low-quality service);
4) accurate formulation of requirements (replacement of goods, return, reduction of the price etc.) ;
5) intentions if the requirements declared in a claim are not met in the terms established by the law (usually one month);
6) date, signature;
7) copies of the documents confirming the fact of purchase / rendering service etc. of
the Claim is formed in a polite free form. It is easy to find a sample of a claim, for example, in the Internet.
Finally it is necessary to give several words to how it is correct to hand a claim and how to be to meet in case of refusal your requirements. It is possible to transfer a claim to any of employees and in any of places where activity of the legal entity / the individual entrepreneur is carried out.
Only one copy of a claim is transferred. The second copy needs to be assured at the one who is handed the first. It is just in case better to invite with himself two witnesses. If all above-mentioned seems to you difficult, or your claim is refused to be accepted, just direct it the registered mail with the notice by mail.
If your claim after the term established by the law is ignored or on it the negative answer will be received, then in that case it is necessary to protect the rights already in a judicial proceeding.
For the correct and competent drawing up claims best of all consult with the lawyer or the lawyer. Such people will give you highly skilled professional help in drawing up documents.
I hope, the sample of a claim given by me will help you with difficult everyday situations. You remember, in case of sale of low-quality goods to you, you have the right to exchange it for just the same goods of appropriate quality or to receive back the money.