Rules for filing a claim

An appeal outlining the reasons for the incident, the circumstances and the requirements for it is a claim. It is written in free form, but is a document, so it is presented in a business style. The Law “On Protection of Consumer Rights” controls the rules for its preparation and deadlines for implementation.

The general structure of a refund claim is as follows:

When the appeal is drawn up, the question arises of how to convey it correctly. To do this, you need to act within a certain scheme:

Refund period

For services not provided

Amounts of money for unprovided or incompletely provided services are returned in accordance with the Law “On the Protection of Consumer Rights”, Articles 29,30,31,32. You must first write an application for termination of the contract and return of the prepayment, and contact the service provider with these documents. Quite often, the organization resolves such issues immediately and returns the funds.

If you refuse to terminate the contract for services not provided and return the money, you must act according to the standard scheme and write a claim, which is also considered within 10 days, and then seek the truth in other instances.

The procedure for returning funds in this case depends on the conditions specified in the supply agreement, as well as on its existence as such. Such a document is always prepared for transactions between legal entities, but not often between an individual and an organization.

In such situations, a claim for a refund of funds is also drawn up, addressed to management, which indicates:

Claim for refund for phone

The process of returning funds is unpleasant in itself - it is always a conflict of interest. With phones, difficulties arise more often than others, because obtaining money may require expertise.

According to paragraph 1 of Art. 18 of the Law “On Protection of Consumer Rights” you can exchange the device or get your money back within 15 days from the date of purchase, if the phone has an obvious defect or the stated technical characteristics do not correspond to the real ones. If this period has passed, then the money can be returned under the following conditions:

Page updated: 12/25/2016

Failure to submit a refund request on time and correctly results in the loss of previously paid amounts. To avoid such a situation, it is not necessary to contact specialists; spend 5 minutes of your time and read the article to the end.

1. The “header” contains information about to whom and from whom the request is being sent. The official to whom the appeal is addressed is written at the top, indicating the name of the organization. Below is information about yourself: full name, postal address (with zip code) and contact telephone number. The date and place of filing the claim can also be entered here;
2. Be sure to indicate in what format you would like to receive the answer: by Russian Post, by email or in person. Organizations sometimes duplicate responses to all specified contacts;

The period within which the defendant must comply is counted from the next day after acceptance of the claim and is 10 days. If the period has expired and there is no answer, then you need to contact the Consumer Rights Protection Committee, Rospotrebnadzor or the court.

Based on the results of consideration of the complaint or court decision, if your requirements according to the text of the complaint are satisfied, penalties for delay and for causing moral damage will be added to the requested amount.

But one must not confuse the period for considering the application itself and the period for solving the general problem. After 10 days, you will only receive an answer - “yes” or “no”; if the answer is positive, the money must be returned immediately, and if the answer is negative, you will have to solve the problem differently. It all depends on the specific situation.

For undelivered goods

The claim is drawn up and submitted according to the principle described above, but it must indicate in detail the violated clauses of the contract, references to governing laws, amounts to be reimbursed, and deadlines for fulfilling the requirements. Copies of all accounting documents, invoices, etc. must be attached.

The claim is drafted in such a way that the supplier understands exactly what is required of him and what he must do.

For goods of inadequate quality

The most common cases for the return of money from claims relate specifically to products of inadequate quality. When making a purchase in a store, it is almost impossible to check all the functions, so defects may appear during operation.

Store employees can provide you with a ready-made form or ask you to write the entire text yourself. Within up to 10 days, the claim will be reviewed and the result will be communicated to the specified contacts.

Most modern mobile devices belong to a technically complex product category. Refunds for such devices of proper quality, if they do not suit you according to some parameters, are not made.

This is where you will need to write a claim for a refund, and if the reason is the second or third point, then the funds will be returned in 10 days. And to confirm the defect, the seller has the right to require an examination. It is carried out within twenty days by the company or the buyer himself. Based on its results, either a refund is made or not.

A claim for a client is the surest way to legally resolve the issue of returning money and terminating the sales contract. Before litigation, this is the only way to assert your rights.

• First, you need to familiarize yourself with the terms of the concluded agreement;
• In case of refusal, make a written complaint addressed to the organization or representative for the return of money;
• Waiting for the situation to be resolved and funds returned. If at this stage the situation has not been resolved, it is proposed to send a statement of claim to the courts to protect your rights.

Refund of money for services not provided under the contract and receipt

The provision of services is the result of a contractual relationship between the parties. The main points of this process must be set out in a joint agreement or supported by a receipt. Competent conclusion of an agreement between its participants protects the rights and controls the obligations of the parties. In addition, in the event of termination of the contract, one of the entities has the right to return their money for the service not provided.

• Agreement and its copy;
• Receipt;
• Photos, videos;
• Witness's testimonies;

If a dispute arises with the contractor regarding the return of money for services not provided, you must try to resolve the situation without filing a claim. If you receive a negative answer, you should proceed to drawing up a written complaint. In order to correctly draw up this document you need to know some rules:

• First you need to prepare by collecting all the documents that will confirm payment for services not provided;
• It must be compiled in two versions (for yourself and for the other party);
• Supplement with evidence of the transaction;

In order to return money for a service not provided, you need to act consistently. If you have gone through all the steps, and the money has not been returned, you should turn to the last option - filing a claim in court. In order to correctly draw up applications for a refund for a service not provided, familiarize yourself with its algorithm.

• Describe your requirements. In addition to the return of funds, according to the law, you can demand financial compensation;
• Supplement the statement of claim with evidence (checks, certificates, receipts, agreement).

Terms of refund for services not provided by law

After sending a complaint to the service provider, by law he must provide you with a response within 10 days. If you were refused a refund for a service not provided and you went to court, then the case will be reviewed no earlier than in 3 months. After receiving a positive response from the court, within ten days the executor is obliged to reimburse the client the amount specified in the decision.

How to issue a refund for a service not provided?

In the modern world, various types of services have become widespread. We are all used to using them to make our lives easier. But what to do if you become a victim of deception? How to return money for a service not provided? You will receive detailed information about this by reading the article.

How to get money back for a service not provided - refund procedure

If a situation arises where you spent money and the service was not provided, you should familiarize yourself with the contents of the Consumer Rights Protection Law. Based on the law, you can refund money for services not provided yourself. This procedure has the following structure:

• Invite the other party to resolve any disagreements peacefully;
• Transfer of the claim to an authorized person;

The Consumer Rights Protection Law notes the likelihood of satisfaction of the client's claims if they were presented with a cash receipt. This item is evidence in a situation if you need to return money for a service not provided. But what if the receipt confirming the need for the service was lost? In this case, do not forget about the opportunity to present any documents indicating the legality of your actions. The following may be used to return funds spent for services not provided:



• Warranty checks, coupons;
• Inquiries.

Claim for a refund for a service not provided - sample

• You should receive a response within 10 days;
• If the answer is negative, proceed to file a claim in court.

Application for a refund for services not provided - sample

• In the content of the application, indicate the name of the performer or the name of the institution;
• To quickly contact you, write your personal and contact information;
• Provide detailed information about the terms of the transaction that were not implemented;
• Justify your desire to cancel the transaction and return the funds;
• It would not be superfluous to make a reference to the Consumer Protection Law. This will demonstrate your awareness of your rights;

Claim for a refund for a service

Claim for a refund for a service. An agreement was concluded between the applicant and the organization for the provision of paid medical services - the manufacture of mouth guards. The applicant fulfilled his obligations under the contract properly. On the same day, a specialist from the organization took certain measurements of the order and the applicant was asked to come back for a fitting a month later. However, the product (mouthguard) that was manufactured did not meet any parameters, and therefore the organization was forced to postpone the order execution date for an indefinite period. At the same time, when the applicant was scheduled for an appointment, the organization’s paid medical service has not yet been provided to the applicant. Requests for the return of the deposited amount were not satisfied. The applicant demands payment of the deposited amount.

(mobile phone ________________)

P R E T E N Z I

A year ago, an agreement was concluded between me and your organization for the provision of paid medical services - the production of a mouth guard (byte), which is confirmed by a properly drawn up receipt.
I fulfilled my obligations under the contract properly, namely, _____ rubles were paid to the organization’s cash desk - __% of the cost of the service.
On the same day, a specialist from your organization __________ took certain measurements of the order and I was asked to come back for a fitting a month later.
However, the product (mouth guard) that was manufactured did not meet any parameters, and therefore, ________ was forced to postpone the execution of the order indefinitely.
At the same time, neither __________ year, when I was scheduled for an appointment, nor to this day have I been provided with paid medical services by your organization.
My demands for a refund of the deposited amount were not satisfied.
According to Art. 4 of the Law of the Russian Federation “On the Protection of Consumer Rights”, the contractor is obliged to perform work (provide a service), the quality of which corresponds to the contract.
If there are no conditions in the contract regarding the quality of the work (service), the contractor is obliged to perform work (provide a service) that meets the usually required requirements and is suitable for the purposes for which the work (service) of this kind is usually used.
In accordance with clause 13 of the Rules for the provision of paid medical services to the population by medical institutions, approved by Decree of the Government of the Russian Federation of January 13, 1996 No. 27, consumers using paid medical services have the right to demand the provision of services of adequate quality.
According to Art. 29 of the Law of the Russian Federation “On the Protection of Consumer Rights”, the consumer, upon discovering deficiencies in the work performed (service provided), has the right, at his choice, to demand:
free elimination of deficiencies in the work performed (service provided);
corresponding reduction in the price of work performed (service provided);
free production of another thing from a homogeneous material of the same quality or repeat work. In this case, the consumer is obliged to return the item previously transferred to him by the contractor;
reimbursement of expenses incurred by him to eliminate deficiencies in the work performed (service provided) on his own or by third parties.
Satisfying the consumer's demands for the gratuitous elimination of defects, for the manufacture of another item, or for the repeated performance of work (provision of a service) does not relieve the contractor from liability in the form of a penalty for violating the deadline for completing the work (provision of a service).
The consumer has the right to refuse to fulfill the contract for the performance of work (rendering a service) and demand full compensation for losses if, within the period established by the specified contract, the shortcomings of the work performed (service provided) are not eliminated by the contractor. The consumer also has the right to refuse to fulfill the contract for the performance of work (provision of a service) if he discovers significant deficiencies in the work performed (service provided) or other significant deviations from the terms of the contract.
The consumer also has the right to demand full compensation for losses caused to him in connection with deficiencies in the work performed (service provided). Losses are compensated within the time limits established to satisfy the relevant consumer requirements.
Based on the Law of the Russian Federation “On the Protection of Consumer Rights,” I demand that I be paid the deposited amount in the amount of _______ rubles within ten days and a penalty in the amount of __% of the price of the service for each day of delay in fulfilling the specified requirement established by Art. 31 of the Law of the Russian Federation “On the Protection of Consumer Rights”.
If the claim is rejected, in order to protect my rights and legitimate interests, I will be forced to go to court, where, in addition, I will demand full compensation for the losses caused to me and compensation for moral damage (Articles 13-15 of the Law of the Russian Federation “On the Protection of Consumer Rights”) .
Please notify me of your decision within the time limit established by law.

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A claim for a refund under a service agreement is the first action towards resolving a conflict situation. In this document, the party whose interests have been infringed offers the guilty party to voluntarily compensate for damage, losses or lost profits.

In all cases where the customer is not satisfied with the result of the provision of services, he can contact the contractor with a claim for a refund. In the same way, if a consumer wants to return a low-quality product, then he turns to the seller or manufacturer of such a product with a demand to restore the violated interests.

How to file a claim for a refund

Often, the service agreement specifies the form in which the claim is to be drawn up, what documents must be attached to it, and within what time frame the customer’s legal requirements must be considered.

The main requirements for filing a claim for a refund include the following:

1. This document is drawn up in writing in two copies.
2. The claim must necessarily contain a reference to the contract, the obligations under which were not fulfilled (or were fulfilled in full).
3. A necessary condition is also an indication of articles of regulatory documents confirming the validity of the arguments set out in the claim.

Current legislation does not establish what components must be included in a claim for a refund.

This document is drawn up on the basis of the general rules for official correspondence between the parties:

• the claim is made on company letterhead (if available);
• the addressee and author of this document are indicated;
• is certified by the signature of an authorized person and the seal of the business entity.

At the same time, the text of the claim must indicate a direct connection between the guilty actions of the contractor (failure to fulfill obligations under the service agreement) and the infliction of actual damage.

More details about what should be contained in the claim are in the table.

No.	Claim details	What information is included
1.	Destination	Indicate the name of the counterparty, position, surname and initials of the manager.
2.	Name	It specifies what the claim is about (about the return of funds under the contract for the provision of services)
3.	Requirements	The essence of the conflict that has arisen is outlined in as much detail as possible, referring to the contract and the norms of civil law. There should also be direct demands for the return of funds within a specified period to the specified account.
4.	Review date	Typically, claims must be considered within a month, but the customer may set a different period.
5.	Date of compilation and signature	The date of preparation is indicated in the format of day, month and year, the document is signed by an authorized person.

If the claim includes demands of a material nature, then the amount must follow after the addressee.

Grounds for filing a claim

The reasons for filing a claim for a refund are the following:

1. A service was provided or work performed was of inadequate quality.
2. The term stipulated in the contract for the provision of the service has been violated.
3. Failure to fulfill contractual obligations.

The main purpose of filing a claim is to try to resolve the conflict situation out of court.

Video about filing a claim

To summarize, it is worth noting that by submitting a claim for a refund under a service agreement, it is possible to resolve a dispute between the customer and the contractor without bringing it to court. In this case, it is very important to correctly draw up the claim and deliver it personally against signature or send it by registered mail with notification by mail.

A claim under a contract for the provision of services or performance of work is a method of protecting one’s client rights. A claim is filed in order to resolve a conflict that has arisen as a result of failure to fulfill contractual obligations by one of the counterparties to the service agreement.

The Civil Code of the Russian Federation, paragraph 1, Article 779 regulates the obligation of the contractor to carry out the actions specified in the agreement, and of the client to pay for the work (services) received.

Therefore, if there are facts indicating failure to fulfill obligations by one of the counterparties, this is the basis for filing a contractual claim.

Improper fulfillment of obligations means:

• Violation of deadlines for completing work;
• Failure to pay damages incurred in case of unilateral refusal of the agreement;
• Poor quality work;
• Failure to pay penalties (fines, penalties) imposed on the counterparty for violating the terms of the contract.

A claim for failure to fulfill obligations under a contract is filed if the agreement is terminated unilaterally: the contractor did not perform the work or the client did not pay for it.

Registration of stated requirements

The content of the claim under the contract is formulated based on its provisions, but the purpose of the claim is to force the counterparty to fulfill contractual obligations. The contractor wishes to receive compensation for unpaid work, and the client has the right to request:

• Free correction of identified defects;
• Payment of the cost of eliminating such defects;
• Refund of funds for services not provided that were agreed upon;
• Additional unpaid provision of services or performance of work if it is impossible to correct the defect;
• Reducing the cost of services provided;
• Payment of penalties (fines, fines, penalties) collected under the contract.

Upon full payment or prepayment for the service, the client has the right to receive compensation even if this is not provided for in the agreement.

This norm is enshrined in Article 332 of the Civil Code of the Russian Federation. This article applies to both the contractor and the customer.

Document preparation

The law does not contain a form or sample for filing a complaint about violation of an agreement. However, the form must comply with the Office Work Instructions. Since a claim for the return of funds under a service agreement is the evidence base in court, if the issue cannot be resolved amicably.

A standard claim for the recovery of funds under a contract consists of three parts.

Introductory

The details of both counterparties are recorded. This information can easily be specified in the signed agreement. This is the name, location of the legal entity or full name and address of the citizen.

Name – “Claim under Agreement No. . ."

Main

The circumstances of signing the agreement are described in detail:

1. Under what number and when was the contract executed?
2. What services have the counterparties agreed to provide (the essence of the agreement);
3. Information about counterparties, their names;
4. Terms of the agreement that are not fulfilled by one of the parties.

All clauses of the agreement and articles of law that provide for the fulfillment of the violated condition should be indicated.

Final

The final part of the claim for a refund contains claims against the counterparty, as well as the deadline for their fulfillment.

Indication in the text of the claim of an article of law providing for civil or administrative liability of the counterparty increases the applicant’s chances of satisfying the stated claims.

Termination of the agreement

The Russian Civil Code provides for the right of the counterparty to terminate the agreement unilaterally. To do this, he must notify the other party using a claim for termination of the contract. The document is drawn up in two samples, one of which is sent to the counterparty in person against signature or by recommended letter with delivery confirmation.

The conditions stipulated in the agreement prohibiting unilateral termination of the transaction are void.

In order to avoid misunderstandings and disagreements in the future, you can draw up an additional agreement, which will detail the terms of termination of the transaction, the procedure for termination and the fulfillment of obligations at the time of termination of the agreement. Otherwise, it will be difficult to prove the fact of conscientious fulfillment of one’s part of the deal in court.

Proof of receipt by the defendant of the letter of claim is his signature or the signature of a person authorized by him, as well as a mark of receipt on the recommended letter.

Submission deadlines

You can express your dissatisfaction with the services provided or work performed within:

• Guarantee period for the results of services (clause 3 of Article 724, clause 1 of Article 722 of the Civil Code of the Russian Federation);
• A two-year period after the client receives the result, if the guarantee period is less than one year or is not specified in the agreement (clause 2.4 of Article 724 of the Civil Code of the Russian Federation).

Defendant's response

The law requires the counterparty in respect of whom the claim statement has been drawn up to fill out a written response. If the defendant does not provide a response letter and does not make attempts to correct the situation, this is evidence of deliberate failure to fulfill the terms of the transaction and becomes a reason for the applicant to seek legal protection of the violated rights.

The counterparty who has received the statement of claim has the right to state its reasoned position regarding the conflict that has arisen. The counterparty may disagree with the applicant’s demands and refuse to comply with them.

But it is the responsibility of the counterparty who received the claim to draw up a written response. An example of a claim can be found above.

The information in this article does not apply to a service agreement between legal entities.

A service that, at the time of your desire to return the money for it, was not provided at all or was not provided in full can be called unprovided.

Most often, a service is called unprovided in two cases:
∎ the service was not provided at all, and the contractor violated the term for providing the service under the contract
∎ the service was not provided at all or partially provided, while the contractor did not violate the terms of provision of the service under the contract

It is these two situations that we will now consider.

Legal grounds for a refund for a service not provided

In law

There are different legal grounds for demanding a refund for a service. These reasons will have different consequences for you.

Therefore, in each specific situation, you need to choose the best basis for you on which you will demand that the contractor return your money for the service.

Situation 1:

The service was not provided at all, and the terms for the provision of the service were violated.

Violation of the terms of service provision is an independent and sufficient reason to return money for services.

In this case, to return money for a service not provided, you must use the basis provided for in paragraph 1 of Article 28 of the Law on the Protection of Consumer Rights.

This provision gives you the right, if the contractor violates the terms for the provision of services, to refuse to fulfill the contract for the provision of services, and, therefore, to return the money back for the service.

In this case, it does not matter

whether the contractor has started providing the service or not. If you do not sign the acceptance certificate for the service provided, you must return the money in full.

In case of violation of the terms of service provision, we recommend using this very basis for a refund for the service.

Using it:

• in court it is easy to prove the fact of violation of the terms of service provision;
• There is no risk that your money will not be returned in full.

This also includes the situation

when the terms for the provision of services under the contract have not yet been violated, but during the provision of the service it became obvious that it would not be provided on time.

Situation 2:

The service was not provided at all or partially provided, the terms for the provision of services under the contract were not violated.

That is, in fact, these are situations when for some reason you changed your mind about being provided with a service.

For example:

• You initially didn’t really want to enter into this agreement
• It is obvious to you that the service will not be provided to you as you expected or as promised to you.
• The conditions for the provision of services that are essential for you have changed, but were not specified in the contract
• You have found another service provider that you like better
• You have found a service provider who will provide you with the same service cheaper
• You decide to spend money on other needs
• You just changed your mind (the law allows it)

You have the right to cancel the contract for the provision of services at any time, while compensating the contractor for the actual costs incurred in connection with the fulfillment of obligations under your contract.

From the moment of delivery

Your claim (refusal) or receipt by the contractor of the postal item count 10 calendar days.

If during this period

you have not received your money back - go to

Note,

what if your mail item was not received by the addressee for one of the following reasons:

• returning a letter after the expiration of the storage period
• the recipient refused to receive the letter
• the recipient is not at the address
• any other reason

then in this case there is no need to try at any cost to hand the letter to the executor, look for him, contact the police or prosecutor’s office and perform other useless actions.

A common misconception

that in order to go to court it is necessary to obtain a written refusal from the future defendant. This is wrong.

Since you are already

If you verbally contacted the contractor with a claim (demand) and left (or handed over against signature) one copy of your claim (rejection of the contract), then the contractor knows what you want from him.

If he intended to do this, he would have already satisfied your demand.

And to apply to the court, the main thing is that the letter is sent to the defendant, and not that he received it.

The next stage is filing an application with the court.

According to the law in Russia, the protection of consumer rights is carried out by the court. Therefore, if the contractor did not voluntarily satisfy your request, then you need to immediately apply for such legal protection.

Don't be afraid to go to court:

1. There are no other options anyway. There is no service or government agency that can force an organization or entrepreneur to return your money. Only the court.
2. Along with filing a claim in court, you can ask to seize the property and money in the defendant’s accounts - this way you guarantee that you will receive money in the future.
3. Going to court does not mean that a lengthy legal battle awaits. Often, immediately after filing a claim, the defendant understands that it is more profitable for him to reach an agreement with you and we enter into a settlement agreement.

independently draw up a statement of claim and engage in legal defense. To do this, contact a lawyer from the consumer protection society.

Sample claim for a refund for a service not provided

We considered two options for returning money for a service not provided - when the contractor violated the terms for providing you with the service and when the deadline was not violated.

The conclusion of an agreement provides for mutual responsibility on the part of both the customer and the contractor. In this case, the agreement may concern not only the purchase and sale of a house or cell phone, but also the provision of services: transportation of furniture, service in a fitness center. If the contractor violates his direct duties, the customer has a good remedy: a claim for a refund under the service agreement.

A contract for the provision of services can be drawn up in a variety of areas of life. It is noteworthy that the parties to this type of legal relationship can be both individuals and legal entities. That is why, from the legislative side, this area of ​​civil law does not have strict restrictions and clear regulations regarding what services can be, who, how and under what conditions can provide them, what are the terms for the execution of such an agreement from the moment of its signing and other standard parameters of contractual agreements. relationships.

Paragraph 1 of Article 779 of the Civil Code of the Russian Federation for such a concept as a service provides for the contractual nature of relations for the performance of any actions in favor of the second party to the legal relationship (customer). Failure to fulfill the obligations stipulated in such an agreement entails not only the termination of its validity, but also the onset of negative consequences according to the rules of law. This is especially true for situations where the service is not provided in full or is not provided at all within the time period specified in the written document.

There is one legal nuance here: the scope of service provision and labor relations should be separated. For this purpose, the legal norm states the following:

• this area does not include professional activities;
• the executor can be any person in legal relations: an individual or a legal entity;
• the recipient of the service – the customer – can only be an individual;
• the services received must be for personal use only and not for commercial purposes.

Grounds for filing a claim

The Federal Law “On the Protection of Consumer Rights” and the Civil Code of the Russian Federation provide for several situations when they say that the contractor’s obligation under a service contract has not been fulfilled:

1. The quality of the services provided does not correspond to what is provided for in the written agreement, that is, inadequate quality. This affects the scope of delivery of goods, especially if such contracts were concluded remotely.
2. Failure to comply with agreed deadlines. Delay is most relevant for repair services. Construction is an unpredictable field of activity where little depends on one person. Here many obstacles may arise in order for the party to the contract to fulfill its obligations on time.
3. Failure to fulfill other obligations stipulated in a written agreement. The last point concerns not only the performer, but also the customer. There are situations when non-payment for services or their late payment leads to the fact that the contractor incurs losses.

Contents, structure, sample claim

In order to avoid controversial and conflict situations, the drafting of an agreement must be approached carefully and responsibly. It is important that the pre-trial procedure for resolving emerging disputes is specified and there is an opportunity to resolve them without filing a lawsuit, wasting time and money.

The claim must contain the main points of the violation of the concluded contract. It is not necessary to present everything in detail here. The most important information is:

1. When, where and with whom the contract for the provision of services was concluded.
2. The essence of the agreement and its main provisions. For example, by December 20, find a one-room apartment in any region for an estimated cost of 10,000–15,000 rubles. – these are the main provisions of the real estate contract. Here the service is the search for a landlord and his living space, which is selected by a realtor at the request of the customer. Moreover, the apartment itself will be the subject of a completely different agreement - a lease.
3. Circumstances of service violations. In the example under consideration, failure to provide a service means failure to find the client the required living space during the specified period in the required area.
4. The essence of the requirements is to return the paid agent interest or deposit based on the terms of the primary contract.

The structure of the claim template is no different from most statements:

1. “Head” of the document: to whom (individual entrepreneur, head of LLC, private enterprise, OJSC, CJSC) and from whom (individual).
2. The name of the document in the middle of the line: “Claim”.
3. The content of the circumstances of the conclusion of the contract, its main conditions, the circumstances of non-fulfillment of obligations or an indication that the services were provided with poor quality. When composing the text of this part of the document, you should double-check the dates of the documents referred to by the applicant.
4. The essence of the requirements.

For correct preparation, you can study the claim document - sample. Most organizations that provide mass services to a wide range of people have a claim form in the office and can be filled out on site.

Refund procedure

Those who have suffered from poor-quality service provision or failure to provide it on the part of the contractor will need:

1. Draw up and send a written claim to the other party to the contract.
2. Get a response from the performer.
3. Contact Rospotrebnadzor in writing if there was no response from the contractor to the claim, or it was negative.
4. File a claim in court if the supervisory government organization also refused to satisfy the demands.

In some situations, resolving disputes in this area requires drawing up additional documents: a goods inspection report or an accounting reconciliation. The time interval between the discovery of non-delivery of goods and the preparation of documents confirming the violation of obligations should not be delayed. In order not to waste time and prepare all the required documents, it is best to contact professional lawyers.

Subtleties and nuances

Speaking about violations of the terms of agreements regarding deadlines, it should be remembered that they can arise from the actions of the customer. For example, if the contract states that construction material is purchased after the recipient of repair services pays 20% of the cost of the work, and the customer himself made payment a week later. In this situation, he will be to blame.

Another example. The supply agreement provides for the dispatch of goods after the buyer pays part of its cost, and the invoice issued by the supplier remains unpaid for several days. Here, too, responsibility for missing the stipulated deadlines will lie with the customer of the services. As a result, the customer will lose the right to present any claims to the contractor and collect funds from the latter.

Article 32 of the Federal Law “On the Protection of Consumer Rights” confirms the customer’s right to terminate agreements and return funds paid to the contractor in case of violation of the essential terms of the contract for the provision of services.

In most cases, the contractor insists that the customer be reimbursed for the costs that he has already actually incurred. Here we see attempts by the contractor to manipulate the legislation by including in expenses costs that are not directly related to the fulfillment of obligations. This list includes, for example:

• payment for realtor services;
• rental of premises (apartment, warehouse) in which goods were stored;
• expenses for the used vehicle;
• commission for financial transactions;
• purchase and sale of certain equipment;
• employee salaries;
• payments under the contract, etc.

Speaking about payments for actual expenses incurred, the legislation clearly separates the costs associated with fulfilling the terms of the contract and the current costs of the legal entity.

If the contractor fails to fulfill obligations, he bears the company’s current expenses in full and there can be no talk of any losses in connection with unilateral termination of the contract. Reimbursement of expenses is a complex issue that requires a strong evidence base.

It is worth distinguishing between situations when it is necessary to recover funds paid by the customer and terminate the contract. Rospotrebnadzor can also oblige you to return the money, but the contract can only be terminated through the court if mutual agreement could not be achieved.

Customers should remember that in addition to rights, they also have responsibilities. Failure to pay for services provided entails negative civil consequences for them as well.

Claims often arise when it comes to services such as credit and loans. Here, most banks prefer to reinsure and force clients to also take out insurance (MTPL) in case of non-payment of the required monthly payments. Including the client’s life becomes the object of insurance to protect against the sudden death of the borrower. In such agreements, the client is required to provide an additional medical document about his state of health. Existing debt can be collected directly by the bank or by third parties if the credit institution has signed a debt assignment agreement (assignment).

In the banking industry, claims from clients arise when they have a debt. The law does not allow this. On the part of the recipient of services, obligations under the contract must be fulfilled in full, otherwise he does not have the right to demand anything from the performer.