Claims in protection of consumer rights are, as a rule, material in nature. Depending on which right is violated, the consumer may demand the recovery of forfeit, damages, compensation for moral damage, costs incurred, as well as imposing on the defendant the obligation to eliminate the violation of consumer rights, stop illegal actions, etc.
Instructions
Step 1
When filing a claim for violation of a citizen's consumer rights, first of all, it is necessary to establish whether the statute of limitations and the terms for exercising consumer rights have expired. The latter include, for example, shelf life, product life, etc. The expiration of the limitation period does not preclude going to court, since it is applied only at the request of the defendant, but the expiration of the term for the exercise of the right itself excludes the possibility of filing a claim related to defects in the goods.
Step 2
Now the issue of jurisdiction should be resolved. At the choice of the plaintiff, an application for the protection of consumer rights is submitted to the court (to the magistrate - with a claim price of up to 50 thousand rubles, the rest - to the federal court) at the location of the organization, and if the defendant is an individual entrepreneur - at the place of his residence, residence or the plaintiff's stay, conclusion or performance of the contract. If a claim against an organization arises from the activities of its branch or representative office, it can be brought to court at their location (clause 2 of article 17 of the Law on the Protection of Consumer Rights).
Step 3
Following the requirements of Article 131 of the Code of Civil Procedure of the Russian Federation, a statement on the protection of consumer rights can be drawn up as follows. In the upper right corner of the statement of claim, indicate: the name of the court, the last name, first name, patronymic of the consumer (or his representative), his address, name, location of the defendant.
Step 4
Below, in the middle of the line, write the name of the document type and its title. For example, "Statement of claim for compensation for damage caused by defects in the goods."
Step 5
Further, from a new line, there is a statement of the text of the claim itself. This is the main part of the statement, where the consumer justifiably sets out his requirements, clearly and fully confirms them with evidence. Here, explain what exactly is the violation or threat of violation of your rights, freedoms or legitimate interests, for example, what product (service) was purchased (received), where and when, its cost, etc.
Step 6
As evidence of the circumstances on which the plaintiff bases his claims, it is necessary to indicate written documents (responses to claims, acts, expert opinions, etc.). Indicate data on witnesses of violation of consumer rights.
Step 7
If your material claim is subject to assessment, then you need to calculate its amount, which consists of the price of claims for the goods, penalties and compensation for moral damage.
Step 8
If you sent a claim to the defendant, then indicate the result of its consideration by the defendant and why his answer does not suit you. If the claim was ignored, its submission is confirmed, for example, by a copy of the postal receipt (attach to the claim).
Step 9
Finally, in the form of a separate list, a list of documents attached to the application is drawn up, indicating their type (original, copy or certified copy) and the number of copies. The statement of claim is signed by the plaintiff and dated on the day of drawing up.
Step 10
Pay special attention to the execution of documents-attachments to the claim (Article 132 of the Code of Civil Procedure of the Russian Federation). So, copies of it must be attached to the claim according to the number of defendants and third parties, and do not forget about a copy for the court itself. If the interests of the consumer in court are defended by his representative, you must attach a document certifying the authority of this representative.
Step 11
All documents confirming the circumstances on which the plaintiff bases his claims must be attached with copies for the defendants and third parties. If the calculation of the recovered (disputed) amount of money is drawn up in the form of a separate document signed by the plaintiff, then copies of it are also needed for the defendants and third parties.
Step 12
The claim and annexes to it can be submitted to the court in person through the court office or sent by registered mail with notification of its delivery. Within 5 days from the date of receipt of the materials, the judge will either accept the claim for proceedings, or return it with an indication of the period for correcting the deficiencies.
