Where can I get a sample claim for consumer protection? How to use it? What are the procedural features of claims of this category and what is common between them? What to look for when writing?
Legislative regulation
Legislation is formed on the basis of maintaining a balance of interests and opportunities of members of society, commercial and other organizations. Citizens who purchase goods and services for their own use are in a less protected category, and the law gives them preferences.
There is a general, specialized law. It includes a number of procedural rules, for example, the right not to pay state duty when applying to the first instance.
For its implementation, a number of regulatory acts have been adopted, for example, on the list of goods that cannot be exchanged for others. But there are other acts that did not seem to be associated in the first place with the rights of consumers, but exert their influence on them.
Having studied the relevant acts, the plaintiff will be able to reasonably draw up a document and represent his interests in court.
The Armed Forces of the Russian Federation also contributed their share of regulation by adopting a resolution explaining the practice of applying the ZoPP norms.
Thus, a sample claim for consumer protection is not all that is needed to win a case.
Specifics of cases
Consumer rights are affected by numerous acts. And even lawyers sometimes forget that in one case or another, the ZoPP is applicable to protect human rights.
Cases related to the acquisition of goods - household appliances are widespread.
The specifics of the case in the housing sector. In them, for each service, a layer of regulatory acts is adopted at both the federal and regional levels. And there are a lot of such examples, therefore, a sample of a statement of claim for the protection of consumer rights is developed under the narrow scope of the dispute. There are also general samples, but they are of little use.
How to prepare for a lawsuit?
Before you look for a sample claim for consumer protection, you should resolve the issue of filing a claim. This is a document outlining the shortcomings of a product or service that the consumer would like to correct or receive monetary compensation. The list of documents for a claim is determined by the specifics of the relationship (we are talking about shoes, a household appliance or utilities).
The structure of the claim and the filing procedure may be regulated by special legislative acts, in particular, the rules for the provision of public services.
The lack of information about the preliminary dispatch of the claim in the lawsuit will lead to the judge leaving the lawsuit motionless and then returning it.
In which court to send documents?
A model claim for consumer protection is proposed as an option by a magistrate’s court at the applicant’s place of residence. It is easier for someone to go to court at the location of the other party or the defendant.
To a magistrate or district court? The first deals with disputes up to 50 thousand rubles. The basis of the assessment in this case are the documents confirming the purchase, or the report of the appraiser.
The scheme of the claim
A sample statement of claim on consumer protection is built on a single scheme:
- information about the plaintiff;
- information about the defendant;
- a description of the events and the sequence of actions of the plaintiff and defendant;
- a reference to the articles of legislation with which the plaintiff substantiates its claims and which are violated by the defendant;
- calculation of the damage caused;
- claim requirements (to recover funds in the indicated amount), to oblige to replace the goods, to oblige to eliminate other violations, etc.
- list of attached documents;
- the signature of the submitter and the date the claim was sent to court.
The number of copies is transferred according to the number of participants in the dispute, and one set is attached to the court.
Suit cap
In the corner of the sheet of paper the name of the court or the designation of the court plot is entered.
Information about the plaintiff: his F. I.O., address of residence, other contact details (phone number, e-mail).
Information about the defendant is provided similar: F.I.O. and name of organization.
The samples of claims for consumer protection suggest either filling in the voids with the help of explanations (samples in the form of a form) or using a full-fledged example and based on it create your own document.
If Rospotrebnadzor or another controlling organization is involved in the person of a department or department, they are assigned the status of third parties without their own claims.
Statement of circumstances
The description of the situation should be a list of facts, no emotions should be allowed. Their judges are also enough in the courtroom, when citizens allow themselves extra words that are not relevant to the case.
Samples of claims for the protection of consumer rights for services that are rendered poorly or not in full may offer a detailed description. Or just a hint about the allocated lines.
If you look for a sample for a specific category of cases, you can find more suitable options, the content of relevant information.
For example, they describe the plaintiff’s attempts to solve the problem with the goods by contacting experts, cases of contacting the supervisory authorities and the result of their response.
Use of legislation
If disputed relations are regulated by by-laws, then first of all it is necessary to refer to them, and not to the law. Laws contain general information and cannot solve a specific problem.
Requirements must be formulated specifically. If the legislation offers a choice, then you must choose one of the ways to protect the right. For example, to oblige to recalculate the payment of services or recover from the defendant the appropriate amount.
Judge's actions
The judge, having received the documents, studies them and makes a decision: to open the proceedings or leave the lawsuit without motion. If a citizen has mixed up a court in which documents are submitted, the judge informs him of this.
If earlier the same claim was considered with the same persons, its acceptance is refused.
Samples of claims for consumer rights, especially forms, do not provide complete information about the details. Yes, and the same rules are interpreted by the courts each time in their own way. This is not to say what is wrong. The legislation is sometimes formed so that it is possible to propose several interpretations at the same time, so it is not always easy to determine which one is correct.