We provided the customer with a poor quality service, for which he received the money back from the cash register. In addition, the customer carried out an independent examination at his own expense, which he also asks for compensation. Can this be reflected in expenses? Accept as expenses for NU purposes? Do I need to reverse the proceeds? Thank you.

Yes, you can reflect this in expenses. In accounting, reflect this by posting:

Debit 91 Credit 76 reflects the amount of the claim for poor-quality service provided;

Debit 76 Credit 50 funds were returned, including for an independent examination.

In tax accounting, include the amount as non-operating expenses. There is no need to reverse the amount of revenue; submit the entire amount under the contract through receiving a claim.

How to pay and reflect sanctions imposed on an organization in accounting and taxation

Accounting

Reflect the penalty and interest on delay as part of other expenses (clause 11 of PBU 10/99). Reflect the calculations for recognized claims on account 76-2 “Calculations for claims” (Instructions for the chart of accounts):

Debit 91-2 Credit 76-2
– the counterparty’s claim for the amount of the penalty (interest for late fulfillment of a monetary obligation) has been recognized.

Include penalties for delay as expenses on the date of their recognition or on the day the court decision enters into legal force (). The debtor's recognition of the debt can be confirmed by any documents indicating that the debtor agrees to pay a penalty (interest on late payment). For example, a letter from the debtor or an act of reconciliation of debts between organizations (letters of the Ministry of Finance of Russia dated December 23, 2004 No. 03-03-01-04/1/189, Federal Tax Service of Russia dated June 26, 2009 No. 3-2-09/121) . These letters are devoted to the issue of tax accounting. However, they can also be used as a guide when organizing accounting. The letters comment on the facts of civil law relations, which are the same for both accounting and tax accounting (clause 1 of Article 2 of the Civil Code of the Russian Federation, letter of the Ministry of Finance of Russia dated December 23, 2004 No. 03-03-01-04/1/189 ).*

BASIC

When calculating income tax, include penalties and interest for late payments as part of non-operating expenses (subclause 13, clause 1, article 265 of the Tax Code of the Russian Federation).

Using the accrual method, determine the date of recognition of expenses in the form of penalties and interest for late payments as the date of recognition of the debt or entry into force of the court decision to collect the debt (, letters

How to write a claim for poor quality service - a sample document will help you draw it up in accordance with the requirements of the law and customs that have developed in the practice of civil law relations. Let's consider the basic rules for drawing up claims and the features of their preparation for various types of disputes.

Claim for failure to comply with the terms of a service agreement: main provisions and sources of regulation

A claim for failure to comply with the terms of a service agreement in the vast majority of cases must precede the resolution of the dispute in court. On the one hand, on the basis of Part 5 of Art. 4 of the Arbitration Procedural Code for disputes arising, including from civil contracts for the provision of services, the parties are obliged to comply with the pre-trial (claims) procedure for their settlement.

Find out what is the deadline for filing a claim after filing a claim.

On the other hand, by virtue of paragraphs. 3-6 tbsp. 29 of the Law “On the Protection of Consumer Rights” dated 02/07/1992 No. 2300-1 (hereinafter referred to as the Law), a consumer who has not been provided with a service or has received a service of inadequate quality must contact the organization that has entered into a service agreement with him with the corresponding requirement (claim).

Only if an individual enters into a civil law transaction that does not arise from his business activity does the law not prescribe a mandatory claim procedure in the event of disputes regarding obligations arising from the transaction.

In addition to the specified regulatory legal acts, the sources of regulation of the rules for drawing up, submitting and considering claims in the service sector are:

• Civil Code;
• special legislative acts regulating the procedure for resolving disputes pre-trial for specific types of services (for example, the Law “On the Fundamentals of Tourism Activities” dated November 24, 1996 No. 132-FZ in relation to tourism services).

Also, business customs can be considered as sources of rules for the formation, submission and consideration of claims (including requirements under service agreements).

See also:

• “The procedure for filing a claim and the rules governing it”;
• “What to do if the claim is not accepted?” .

Pre-trial claim under a service agreement - sample

A sample pre-trial claim under a service agreement in general form should include the following information and points:

• information about the addressee of the claim, including the head of the organization, its name, location and other identifying characteristics (for example, TIN);
• name and postal address of the applicant;
• date and originating number of the request;
• details of the service agreement under which the dispute arose;
• description of the violation by the recipient of the claim with references to the clauses of the contract;
• specific requirements for the recipient of the claim (compensation for losses incurred, payment of penalties, fulfillment of obligations duly undertaken under the contract);
• references to the norms of law in accordance with which the claim was drawn up and certain demands were presented;
• list of attached documents (if any).

The claim must be signed by the head of the organization or another person who has the right and authority to do so. The signature is certified by the seal of the organization (if any). The more specific content of the claim depends on the merits of the claim. So, to write a claim for a service of inadequate quality, one sample is needed, and a claim for non-payment of services under the contract by the contractor requires another sample.

A sample claim under a service agreement in the event of the customer’s failure to fulfill payment obligations can be downloaded here:

We also have sample claims:

• under a contract;
• supply agreement;
• lease agreement, etc.

How to file a claim for poor quality service?

In the field of consumer rights protection, the Rospotrebnadzor service provides methodological assistance to individuals in deciding how to correctly file a claim for poor-quality service. Sample documents are posted on the official websites of regional departments. With their help, citizens can draw up a document demanding to provide a quality service or eliminate deficiencies in the provided communication services, medical services, utilities, etc.

Legal entities can also use these samples, however, references to the Law should not appear in the legal entity’s claim, since it only protects consumers of services - individuals and does not regulate the legal relations of organizations.

Organizations can use the above sample, taking into account the applicant's legal rights. So, by virtue of Art. 15 and paragraph 1 of Art. 330 of the Civil Code, a person has the right to demand compensation for losses only if they exist and are sufficiently confirmed, and a penalty - in any case if it is provided for by law or contract.

Rules for signing and submitting a claim for poor quality service

The form of the claim is not established by law, and therefore it is recommended to include in the contract conditions on the procedure for resolving disputes out of court, including rules for the exchange of correspondence, deadlines for considering letters, and the method of sending them. If there is no such section in the contract, it is necessary to be guided by the practice of civil law relations, which has developed certain rules for the preparation and procedure for filing claims.

A claim for poor quality service must not only be drawn up in the proper form, but also sent in a manner determined by the parties. As a general rule, a claim is a written document signed by an authorized representative of the organization and affixed with a seal, if available. If the method of sending the claim is not determined by the parties, it is advisable to send it by registered mail with notification and a description of the attachment.

The terms of the contract may determine another method of sending, for example, fax, telegram, e-mail. In addition, to speed up the consideration of the claim, the party may, in parallel with the postal item, send a claim using one of the specified methods.

How to write a complaint about a service of inadequate quality to an individual?

The sample requirement for the proper fulfillment of obligations assumed under a service contract generally includes the content of all sections that must be indicated in any pre-trial claim. The specifics of a claim submitted in connection with the provision by a contractor of a service of inadequate quality to an individual are the following:

• The powers of the applicant (consumer) are secured by Art. 29 of the Law, therefore the requirements must be specified in accordance with this norm and with reference to it;
• the requirements must be presented during the provision of the service or upon acceptance of the result of its provision;
• If it is impossible to identify deficiencies in the provision of services before they are accepted, the claim may be sent within the time limits specified in clause 3 of Art. 29 of the Law;
• the claim may indicate a requirement to pay a penalty provided for in Art. 31 Law;
• The consumer in the claim has the right to refer to the responsibility of the contractor provided for by the Law for failure to satisfy the consumer’s requirements on a voluntary basis.

Otherwise, the claims from an individual and from an organization are identical.

Claim for non-payment of services under the contract

A claim under a service agreement can be submitted not only by the customer of the service, but also by the contractor - in the event of the customer’s failure to fulfill such obligations under the agreement as transfer of necessary documents, making an advance payment, payment for services rendered, and others. Such a claim is subject to general rules, but has specifics in terms of the requirement to pay for services rendered and calculate interest for the use of other people's funds within the framework of Art. 395 Civil Code.

From 01.08.2016, the specified percentage is calculated based on the key rate established by the Bank of Russia; the calculation is drawn up in the form of a separate document, which is an appendix to the claim.

Results

Thus, a claim for services of inadequate quality is subject to the general rules for drawing up a claim, taking into account the specifics established by the Law (for consumers - individuals), special laws in a particular service sector and business customs in this branch of civil legal relations. Consumers can use sample claims developed by Rospotrebnadzor and its territorial bodies, and organizations can use a sample claim posted on our resource.

Most people are afraid to independently defend their violated rights and do not believe in their own strength. And in order to achieve justice, there is no need to turn to somewhere or to someone, it is enough to make a little effort, a little patience and a very little special knowledge.

What is a service?

A service is an inanimate product, not possessing any characteristics, an action that cannot be called creating anything. But at the same time, if we go to the dentist or hairdresser, we must see the result of the service provided or the work performed. But, if everything is clear with the work, it was one thing and became another, then with services it is more difficult. Dictionaries interpret a service as an activity that in itself brings benefit to the person for whom it is performed. Services can be of two types: intangible – that is, a completed activity does not have a material result, the value of which is contained in the actions performed themselves (for example, the services of a general practitioner); having a material component – that is, an activity that results in any material result (for example, the services of a prosthetist).

In our article we will talk about protecting your rights when providing low-quality services.

What can be considered a “poor quality service”?

The service involves changing the qualities of an existing item or obtaining any information on a topic of interest to the customer. So, the assessment of the result obtained will be considered an indicator of the quality of the service provided. At the same time, it should be noted that in order to protect his rights as a consumer, the customer should be guided not by personal, subjective assessments of the quality of the service received, but by generally accepted and expert materials. All properties of the service provided to the customer must be reflected in the service agreement, be reliable and accessible to the consumer. If there are signs of poor-quality services provided, the customer has the right to defend his rights.

These legal relations are regulated by the Law of the Russian Federation of February 7, 1992 N 2300-I “On the Protection of Consumer Rights” (http://base.garant.ru/10106035/). The legislator formulated requirements for the quality of services provided to consumers, determined the rights and obligations of the contractor and the consumer, and provided for the protection of the customer’s rights in the event of detection of poor quality performance.

Poor quality services can be encountered in almost all areas of human life. Here we have medicine, housing and communal services, the beauty industry, education, and much more. But as society develops, the provision of services improves, consumers become more and more literate, but there are certain rules without which it is no longer possible to live. Such rules include the conclusion of various contracts between the customer and the contractor.

Thus, in the service sector, it is increasingly proposed to conclude an agreement, that is, to formalize one’s legal relationship. Considering the specificity of the service as a non-physical item, the contract for its provision becomes an integral part of these legal relations. In conditions of increased competition and the presence of a large number of fly-by-night companies, it is the consumer who is primarily interested in concluding an agreement for the provision of specific services. And the more detailed this agreement is, the more chances the consumer gets in defending his violated rights. The contract must formulate a list of services provided, their quality characteristics, volume, cost, deadlines, and procedure for resolving disputes.

Once again, I would like to draw your attention to the fact that the presence of a properly executed contract will be a guarantee for the full protection of its rights by the customer when services of inadequate quality are provided to him.

Well, now we have come to the point of discovering low quality services. The law provides for deadlines for assessing quality and deadlines for filing claims.

The customer can make demands on the supplier, both at the stage of receipt and at immediate completion, as well as during the warranty period and up to two years from the date of acceptance of the service provided. And if the service is related to real estate, then for five years (clause 3 of Article 29).

If there is no guarantee for the service, then do not despair, since such an opportunity is provided. The contractor is responsible for the quality of the services provided by him even with an unspecified warranty period, but the customer will need evidence that the deficiencies actually existed before he accepted the service, or arose for reasons that arose before the specified period (clause 4 of Article 29).

The contractor can prove that deficiencies in the quality of the service provided are the result of a violation of the rules of use on the part of the consumer, the intervention of third parties, or occurred due to force majeure reasons beyond the control of the contractor; in all other cases, he is responsible for the quality during the established warranty period.

What should you do if it becomes clear that the service provided to you does not meet the stated characteristics and is inferior in quality? The legislator has provided for an out-of-court procedure for resolving a dispute regarding the provision of poor-quality services.

Out-of-court procedure for resolving disputes

Claim

If a poor-quality service is detected, the consumer must prepare a claim and send it directly to the supplier with whom the contract was concluded. File your claim as a document in which you indicate specific aspects of the violated consumer right, signs of poor-quality services, your requirements to the supplier, and justification for their legality. The document can be sent either to the legal address specified in the contract, or directly to the address where the poor-quality service was received. The claim can be accompanied by independent expert opinions, photographs and other materials proving the claims.

Please note that this claim must be sent by mail with a notification, which, if rights are asserted in court, will indicate that the customer has taken steps to resolve the dispute peacefully.

Of course, a consumer who discovers deficiencies in the service performed has certain rights. Thus, in accordance with paragraph 1 of Article 29, if deficiencies are discovered, the consumer has the right, at his own discretion, to demand:

• free elimination of deficiencies;
• corresponding price reduction;
• reimbursement of expenses incurred by him to eliminate deficiencies on his own or by third parties;
• free production of another thing from a homogeneous material of the same quality or repeat work.

Please note that in case of a repeat request, the consumer is obliged to return the item previously transferred to him by the contractor. In this case we are talking about services that have a material component.

One of the reasons for a dispute about the quality of the service provided may be a lack of information on the part of the contractor. That is, the consumer was not informed about the advantages and disadvantages of the ordered service. The legislation provides for the need to proceed from the assumption that the consumer does not have special knowledge about the properties and characteristics of this service, and this fact must be taken into account when considering disputes about inadequate quality. Which in turn obliges the contractor to inform the customer about it. The legislator has provided for the responsibility of the contractor for inappropriate information about the service.

It must be taken into account that satisfying the customer’s demands for the gratuitous elimination of defects or for repeated provision does not relieve the contractor from liability in the form of a penalty for violating the deadline for the provision of services.

Deadline for eliminating deficiencies

The customer also has the right to demand full compensation for losses. Losses are reimbursed within a period determined by the customer’s requirements. The period for eliminating the defects must be specified in the claim, and it must be reasonable and sufficient.

The consumer has the right to demand from the contractor the payment of penalties or penalties provided for by law if the deadlines for eliminating deficiencies are violated (clause 5 of Article 28). Calculation of payment of late penalties is possible in days, hours, depending on the definition. The amount of the penalty may be a percentage of the price of the service, and if the price is not determined, the total price of the order, but not less than three percent. The percentage of penalties may be higher if this is specified in the contract.

Judicial order

It’s good if the contractor reviewed your claim and satisfied all the requirements, but most often the consumer receives a refusal. In this case, if the contractor does not agree to an amicable resolution of the conflict, the pre-trial resolution procedure becomes impossible, and the protection of consumer rights in the service sector is carried out in court.

Statement of claim

The procedure for judicial protection of rights consists of drawing up and filing a statement of claim. Here the legislator provided a choice for the plaintiff. The plaintiff has the right to file a claim in court:

• at the location of the organization;
• if the defendant is an individual entrepreneur at his place of residence;
• at the place of residence or stay of the plaintiff;
• at the place of conclusion or execution of the contract.

The statement of claim must contain:

• details of the plaintiff and defendant,
• the cost of the claim,
• information about the date and place of drawing up the contract,
• a brief description of the process of providing services,
• listing of shortcomings,
• evidence of inadequate quality of the service provided,
• claim.

The information of the plaintiff and defendant includes passport details, addresses, contact numbers, and the name of the contractor’s company.

The price of the claim includes the total amount of all costs of the plaintiff and the desired receipt of compensation and penalties. Please note that the amount of moral damage is not included in the cost of the claim, but is indicated in the claims.

The evidence base is compiled from the contract for the provision of services and the conclusion of an independent examination, if one has been carried out.

Claims may consist of the plaintiff’s wishes to either eliminate deficiencies, or return the cost of the service, as well as to collect penalties in case of violation of deadlines and compensation for moral damage, as well as compensation for losses incurred, and the collection of fines from the performer.

Compensation for moral damage is subject to compensation if the performer is at fault. The burden of proving this guilt falls on the shoulders of the consumer, and this can be quite difficult, especially if the performer is a legal entity with in-house lawyers. The amount of compensation is determined by the court and does not depend on the amount of compensation for property damage.

It is necessary to protect your rights. This is a difficult and time-consuming process, but any person who is able to analyze the materials he has is able to restore his violated rights. The main thing is to stop being afraid of difficulties and start taking steps to restore your violated rights.

So, let's try to protect consumer rights using a schematic example.

Student Elena O. discovered that the service provided to her under a service contract with Zvezda LLC turned out to be of poor quality, and it was performed in violation of the terms specified in the contract.

Elena wrote a claim addressed to the general director of Zvezda LLC (see the appendix to the article “Claim”) and went to the nearest branch of the Russian Post, where she sent it by letter with a return receipt to the address of the central office of Zvezda LLC.

On September 7, 2013, Elena received a notification of delivery that her claim had been received by representatives of Zvezda LLC, of ​​which there is a record.

On September 9, 2013, Elena was invited to the office of Zvezda LLC and explained that the company was refusing to settle the dispute out of court. Elena reserved the right to defend her consumer rights in court, which she notified company representatives about.

Elena drew up a statement of claim and filed it with the court at her place of residence (see appendix “Statement of Claim”).

During the trial, the arguments given by Elena were considered by the court and found to be justified. In its decision, the court indicated that Zvezda LLC violated the rights of plaintiff Elena as a consumer, and satisfied Elena’s claim in full. The court ordered Zvezda LLC to eliminate the deficiencies in the completed service of stitching the plaintiff’s thesis work by producing new brochures and collected a penalty from Zvezda LLC for violating the terms of provision of services for 3 working days in the amount of 3 percent of the contract amount.

The given example is fictitious; if such a situation happened in real life, such a dispute would be resolved in the pre-trial phase, since the violations committed are obvious and a self-respecting contractor will consider it necessary to eliminate the identified shortcomings of the service provided so as not to lose the business reputation and potential clients of his company.

Protect your consumer rights, and there will be much fewer unscrupulous performers.

regforum.ru

The level and pace of modern life gives people enormous opportunities in the consumer sphere. The choice of goods, services provided and work performed is increasing. And the more a person uses these services, the higher the likelihood of coming across unscrupulous performers.

If this happens, then you should not be lost, since the right to quality services provided is prescribed in the Law “On the Protection of Consumer Rights”.

Each performer is obliged to do his work efficiently, otherwise punishment will follow. This mechanism implements civil liability. The main thing is that you have a contract in your hands - it describes the terms of provision of services or completion of work, their type, quality requirements and cost. If a verbal agreement with the supplier fails, then based on the violated clauses of the contract, the consumer has the right to file a claim.

The concept of poor-quality service and actions in case of violation of the terms of the contract for the provision of services is the central topic of our article.

We received poor quality service – what should we do?

Responsibility for the quality of work rests with the contractor on the basis of Article 721 of the Civil Code. The quality must comply with the conditions agreed upon in the contract. But it also happens that this clause is omitted from the contract.

In this case, quality requirements are imposed that are standard for similar types of work or services. Article 722 says that the contractor is obliged to give a guarantee for his work.

If the customer has any complaints about quality, he may demand:

• Eliminate all deficiencies free of charge;
• Pay for redoing the work (if it was done by the consumer himself or other persons);
• Discount on services provided;
• Termination of the contract and refund of money.

In addition to the obligation to perform the work efficiently, the contractor is entrusted with a number of other concerns: informing about the timing of the work and the materials used, the full list of services and the warranty period for each of them.

Warning! The customer can terminate the contract only if any of its clauses have been seriously violated. Otherwise - if the deficiencies in the work were not eliminated within the agreed upon reasonable time.

Claims for poor quality services are permitted during the warranty period - it is usually specified in the contract, established by law or determined by the customs of the business environment. In cases where the warranty period is difficult to determine, the standard period of 2 years after acceptance of the order is used.

If the warranty established by the contract is less than two years and claims to quality arose after its expiration, then it will be possible to get the contractor to redo the work only in one case - if you prove the presence of a defect even before accepting the order.

Only those activities for which the customer has paid can be considered a service. If an organization did something in good faith (for example, delivered goods for free), then the law does not apply to such a service.

Types of violations in the provision of services

Types of violations of deadlines: All complaints about services provided can be divided into 2 large categories: delay in completion and poor quality. If we talk about violation of deadlines, they must be indicated in the contract.

• The service (or work) was provided later than the appointed time (missing the start date);
• Delaying deadlines for completing work;
• Violation of deadlines for delivery of work stages (for example, during construction or repairs).

A claim for violation of deadlines is made if, at the time of filing, the service has not yet been completed (or not started). Another option is that the service has already been provided or was completed late (delivery deadlines were violated). If the work is not completed on time, you can file a claim even after its completion. The contractor cannot say that the claim is not justified, since the work was still completed.

Information! Violation of deadlines is almost completely limited by the customer’s right to collect a penalty from the contractor; other demands are unlikely to be considered reasonable.

Low-quality services are services provided in violation of the requirements that the consumer presented at the time of order. Or those services that do not meet generally accepted quality standards.

Typical types of poorly provided services:

• Unprofessional work – technology is violated, procedures are carried out carelessly;
• The goals previously set by the customer were not achieved;
• Damage was caused to the health or property of the consumer (due to negligence or other reasons);
• Inappropriate or undesirable materials were used for the work;
• The service was done well, but not in the way the customer wanted (for example, the car was painted not white, but beige).

Writing a quality complaint

The first way to achieve justice in case of poor quality services is to write a complaint to the contractor. The customer chooses any form of the form; you can download one of the options at the end of the article. However, there are certain requirements for its design.

The claim begins with the caption:

• In the upper right corner of the sheet is written the name of the organization to which the document is sent;
• Then the full name and position are indicated - director or other person considering such issues;
• Just below is written the customer’s full name and address (sometimes a telephone number is indicated);
• Below the header in the middle of the sheet write the word “Claim”.

The main part of the document describes in detail the essence of the problem that has arisen - the type of service and time of its provision, what complaints there are about its implementation. Then legal and reasonable demands are put forward - what actions the customer expects in response to the letter, and within what time frame. It would be useful to mention actions in case of ignoring a claim or failure to comply with requirements.

To make the claims convincing, it is worth attaching documentary evidence of poor quality performance of the service, if any. It would be good if the document contained references to articles from the Civil Code and the Civil Code, which establish liability for poor quality of services provided.

The claim is also accompanied by documents that document the relationship between the customer and the contractor.

Helpful advice! Make copies of the documents and send them along with the letter. The originals may be needed for evidence in court.

The letter is handed over personally to the responsible person or sent by registered mail (do not forget to make an inventory of the attachment). You will also need to take documents from the post office confirming the fact of delivery. Another option is to print out delivery information from the official website of the Russian Post.

If you hand over the claim personally, then take a receipt from the person accepting it. Or request that your copy of the claim be stamped with a receipt indicating the full name of the person accepting it, his position and the date of acceptance. All this will protect you if the problem goes to court - you will not be unfounded.

Court is always a last resort. It is better to make more efforts to resolve the situation peacefully. Competent and correct communication with the organization, correctly drawn up and executed documents - all this is the key to a successful resolution of the problem that has arisen.

Download a sample claim for poor-quality services provided:
Claim for poor quality services.

vozvrat-tehniki.ru

When we pay money for services, we want to get a satisfactory result. But even when choosing from many organizations, you can always encounter low quality service. In this case, a well-drafted claim for poor quality services will help you get back the money spent.

How to properly file a claim

Any controversial issues and requirements must be documented. If the service provider has violated the terms of the contract and refuses to compensate for losses, then pre-trial proceedings based on the claim will be required. This document will become the basis for protective actions in future possible court hearings.

The following reasons may serve as the basis for a dispute:

• The service was performed poorly;
• The service was not performed or was provided late.

Note! The service is always not free of charge, i.e. if they helped you do something for free (for example, they stuck a film on your smartphone), then if this action was performed poorly, you cannot make a claim, because the money was not paid, which means there was no service as such.

Very often, the contractor’s representative, after the work has been completed or even during it, asks to sign documents confirming the appropriate level of service and timely deadlines, which confuses. The main thing here is not to get lost and politely refuse in order to extend the order acceptance period and demand the appropriate level of service. If you sign, it will be difficult to prove any violations even in court.

It is important to understand that it is more difficult to prove poor quality of a service than a defect or defect in a product, because it does not have material evaluation parameters. Therefore, you need to prove your case correctly.

When making a claim, you must follow the basic rules:

1. The design of the document begins with the “header”. It contains information about to whom the claim is directed, i.e. official and legal name of the supplier organization. Next, indicate the full name, postal address, telephone number of the person requiring a response;
2. Description of the situation itself. The main points that were violated when filling out the data are indicated:

• Notes on legislative documents;
• Key points of the contract;
• Expert opinions;
• Material evidence base: photos, video materials and other data;

This point is the most key to solving the problem in your favor. Here you need not only to describe the violations, but also to provide as much evidence as possible, citing real data and a source.

3. Announcement of clear requirements. Within the framework of Article 29 of the Law “On Protection of Consumer Rights”, the client has the right to demand:

• In case of violation of deadlines: determine another deadline for completing the service, reduce the cost of the service, redirect the order to another contractor and demand payment, demand a full refund;
• If the service is performed poorly: provide a commensurate discount, redo the work, eliminate or correct deficiencies free of charge, transfer the order to another contractor and demand payment for it, terminate the contract and take the money.

1. Possible further actions and sanctions are prescribed in case of failure to comply with requirements (legal costs, penalties, penalties, etc.);
2. The document contains a list of attached documents (checks, guarantee cards, agreement, etc.);

The final part includes a signature and date of compilation.

Download a sample complaint for poor quality services

The claim is drawn up in 2 copies, one of which with a mark of acceptance remains with you. The document can be submitted in two ways: by mail in the form of a registered letter or during a personal visit. If you use the services of Russian Post, you will definitely need to keep documents confirming the sending of the letter.

Just like with a product, claims are reviewed within 10 days and a response is given. Compliance with the requirements themselves is limited by different deadlines depending on the service sector, while the supplier can satisfy the request immediately after receiving the claim.

Sample claim form

It is more difficult to prove the appropriate quality of work than violation of deadlines. Therefore, we will clearly demonstrate the structure of writing a claim for poor quality services. The document will look like this:

Manager (or other official)

(full legal

company name)

from (client's full name)

residing at: (postal address)

contact phone number (any one that can be contacted)

claim (statement)

(Date) I entered into an agreement with your company (specify the type of agreement), which is confirmed by receipt No. (number of the agreement, receipt or check) dated (date). According to it, I paid an amount in the amount (in numbers and words) of rubles, for which your organization had to (register the service). But I found that (mark the main complaints and their inconsistencies with the contract). According to Art. 4 of the Law “On Protection of Consumer Rights”, the quality of the service must comply with the contract, which you have not fulfilled. Therefore, according to Article 29 of the Law “On Protection of Consumer Rights”, I have the right to make a demand:

• for free re-performance of the service;
• for a commensurate reduction in the cost of work;
• to eliminate deficiencies free of charge;
• to cover the costs of eliminating deficiencies (full performance of the service) independently or by another organization.

According to the above and in accordance with Art. 4, 17, 29 of the Law “On Protection of Consumer Rights” I ask:

(select what you want from the list) no later than (number of days) from the date of receipt of this claim.

If the requirements are not met, I will be forced to turn to the courts to protect my rights. Then, in addition to the points listed above, I will demand compensation for moral damage in accordance with Article 15 of the Law “On the Protection of Consumer Rights”.

(Date of writing) (Signature and transcript)

Download an example of a claim for poor quality dental services

Download claim template for poor quality repair services

Sample complaint for poor quality of housing and communal services download

Download an example of a claim for poor quality legal services

mirblankov.ru

From the point of view of consumer legislation, a poorly provided service has practically no differences from goods of inadequate quality in terms of methods of legal response and mechanisms for protecting consumer rights.

If you find yourself a victim of a poorly provided service, you have the right to demand:

1. elimination of existing deficiencies in the service free of charge;
2. reducing the price of the service provided or work performed;
3. manufacturing another thing made using homogeneous materials of identical quality or secondary performance of work
4. reimbursement of expenses for independent or third-party elimination of deficiencies in the service

Elimination of deficiencies in the service provided

This mechanism for protecting consumer rights is appropriate only if you are generally satisfied with the service provided. For example, the service was provided with minor omissions and shortcomings, the correction of which should not take too much time.

Price reduction

The requirement for a proportionate reduction in the cost of the service provided is most often resorted to when the quality of its provision is unsatisfactory and in the absence of sufficient time to wait for the elimination of its shortcomings. Consumers accept it for what it is, adjusted for its price. Simply put, we are talking about minor moral compensation on the part of the service provider for your patience.

Manufacturing of another item, secondary performance of work free of charge

This type of consumer response to the provision of low-quality services occurs when neither eliminating the shortcomings nor reducing the cost of the service is possible. That is, the work needs to be done again. It should be taken into account that the repeated provision of a service or the secondary performance of work in no way relieves its performer from liability for failure to comply with deadlines. In other words, in addition to the repeated provision of the service, you have the right to demand payment of a penalty for each day the contractor does not perform the work.

Refund of spent funds

In addition to the four ways to protect your rights listed above, there is a fifth. It consists of terminating the contract and demanding the return of funds spent on poor-quality services. True, the consumer has the right to use it only in one of the following two cases:

• failure by the contractor to eliminate existing deficiencies within the time period specified by the consumer;
• the presence of significant deficiencies or significant deviations from the terms of the agreement with the consumer.

It should also be taken into account that, along with the return of spent funds, you have the right to demand that the contractor compensate for losses caused by the provision of poor-quality services. True, it’s worth mentioning right away that you will hardly be able to collect them on your own, but for a lawyer specializing in resolving consumer disputes, this will not be difficult. He can also help you with the collection of penalties if the contractor violates the deadlines for providing the service.

Peculiarities of filing claims related to the provision of low-quality services

Please take into account the fact that at any stage of the execution of the ordered service, you have the right to refuse it without giving reasons for such refusal. True, you will have to pay the contractor the actual expenses incurred by him in providing it. In this case, the responsibility for such expenses rests with the service provider. For example, having ordered lunch and drunk only a cup of coffee without waiting for it to be prepared, you have the right to leave the establishment having paid only for the coffee, unless the establishment’s employees prove to you that they are already incurring actual expenses associated with its preparation.

The second significant point related to the presentation of claims for poor quality of the service provided is the deadline for such presentation. You have the right to make such demands to the contractor only during the period of provision of the service, up to its acceptance by you.

And in conclusion, I would like to note that despite the insignificance of the share of consumer disputes related to the provision of low-quality services in their total number, they are of significant importance, first of all, for the consumer himself. After all, you must admit that a holiday hopelessly ruined by the staff of the establishment cannot be commensurate with the funds spent on it. That is why such cases cannot be left without attention and proper response.

A worthy response to careless catering employees will be an unexpected visit from a lawyer you invited, who will leave no stone unturned in the establishment that ruined your holiday.

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Almost every consumer daily encounters receiving and providing various services, including the dishonest attitude of service providers to their duties.

In situations where there are significant deficiencies in the services provided, the customer has the right to file a claim against the contractor, in which he can point out the deficiencies and demand their correction or reimbursement of the funds spent.

Sample We will present how to write a claim for poor quality service in the article.

Concept

Claim for poor quality service - pre-trial measure for a legal entity, a document drawn up by the consumer in the event that the service provided has reasonable deficiencies.

The claim is drawn up in the name of the legal entity that provided the service and contains justified demand depending on the admitted shortcomings, circumstances and wishes of the consumer (customer).

Legal grounds

As a rule, when providing services between the contractor and the customer an agreement is drawn up, which specifies the description of the service, the conditions for its provision, prices, deadlines, materials, warranty periods and other circumstances.

The legal grounds for a claim are failure to fulfill the terms of such an agreement on the part of the performer. Common violations are:

1. Poor provision of services is the performance of any intangible work by the customer that does not satisfy the consumer’s expectations.
2. Late provision of services.

In the case where the customer not satisfied with the results services described in a written contract, or specified in an oral transaction, the customer (consumer) can file a claim against the contractor for the provision of poor-quality services.

What is it for?

The reason for filing a claim for poor quality services is any failure to meet customer expectations and reasonable requirements:

• failure to achieve the goals set when ordering the service;
• the service was provided, but did not meet the customer’s expectations and the terms of the contract;
• the service was provided with violations of technology or low-quality materials were used during the provision;
• As a result of the provision of the service, the customer suffered damage to property or harm to health.

Any claim must be justified and made only if there are deficiencies and non-compliance with the terms of the agreement and the law “On Protection of Consumer Rights”.

In the text of the complaint the customer may require:

• eliminating identified deficiencies;
• reducing the price for services provided;
• compensation for losses incurred as a result of eliminating deficiencies independently or by another contractor;
• repeated provision of the service;
• payment of fines or penalties specified in the agreement;
• termination of the contract and a full refund of funds paid for the service.

A claim drawn up and sent to the performer - a necessary condition for subsequent filing a lawsuit against the contractor. Without a previously submitted claim for the provision of poor-quality services, the court will refuse to file a lawsuit against the contractor.

Service list

What kind of poor-quality services can you file a claim for? Claim for poor quality services can be made for any services services provided by commercial, state, municipal organizations or individual entrepreneurs, for example:

• medical (both private and public clinics), including dental;
• banking;
• automobile repair;
• insurance;
• educational;
• legal;
• hotel;
• construction;
• transport and others.

It should be taken into account that the service is only compensated(paid) satisfaction of the customer's needs, as a rule, intangible (without the creation of an item or object).

It is the absence of a material item that often causes difficulty in determining the quality of the service provided.

In addition, a claim for poor quality services can only be filed in cases where the customer is a private person, that is, a commercial organization cannot make such claims and must protect its rights by other legal means.

How to compose?

How to write a claim? The claim for poor quality services does not have a legally established form, drawn up in simple written form, it must indicate:

1. Full passport details of the customer and the address and name of the contractor.
2. The title must indicate the title of the document - “Claim”; if there is an agreement, the title must contain its title - “Claim under the contract for the provision of services...”.
3. A detailed description of the circumstances of the concluded agreement (number, parties, subject, conditions).
4. Description of the occurrence of claims, identified deficiencies and reasons for drawing up the document.
5. The essence of the claim, the deadline for fulfillment and a warning about the customer’s intentions in the event of refusal to fulfill the specified requirements. For example, it should be indicated that in case of refusal on the part of the performer, an appeal to the court will follow.
6. Date and signature of the originator.

The document must be drawn up in duplicate, one of which is transferred to the contractor, on the second the customer must require the contractor to sign and date acceptance.

Download a template for writing a complaint about poor quality services.

What documents need to be attached?

Any documentary evidence may be attached to the claim, confirming the shortcomings of the service provided:

• independent expert opinions;
• photos;
• video recordings;
• files and other consumer evidence.

In addition, the claim is accompanied by documents concluded during the provision of services:

• a copy of the service agreement;
• a copy of the service acceptance certificate;
• copy of checks;
• copies of receipts;
• copy of the warranty card and others.

Where to send?

A claim for the provision of poor-quality services is sent to in the name of the performer at the legal address or the physical location of the service provider. The claim can be submitted personally or you can use a trusted person to transfer it.

What to do if it is not accepted?

If the completed claim is not accepted for consideration by the contractor, it can be sent by registered mail with a receipt stamp to the contractor’s address.

You can also try delivering the letter by courier service or handing in a claim in front of witnesses.

A written complaint for poor-quality services is one of the measures of influence that is applied by the consumer to unscrupulous service providers in a pre-trial manner.

A well-drafted claim can not only help the customer satisfy his requirements to the contractor, but is also a necessary step before filing a claim in court against an unscrupulous service provider.

How to write a claim for poor-quality services provided? Advice from a lawyer according to the compilation in this video:

How to write a complaint for poor quality service? The sample presented below will help you do this job efficiently.

Unfortunately, not every enterprise that provides various types of services to the public can boast that it provides sufficiently high-quality service to its clients. Such enterprises operate in the medical field, construction and education, which is important for society. The provision of services itself is not always regulated by certain laws.

The quality of services provided by such enterprises is constantly monitored both by government agencies and by ordinary consumers. Thus, by providing a low-quality service, such enterprises risk not only their image, but also considerable money. After all, if there are any claims regarding the service, the legislation provides for the right of consumers to compensation for damage caused by the provision of poor-quality service, including moral damage.

How to demand restoration of your rights

• file a claim with the seller;
• contact Rospotrebnadzor;
• file a claim in court.

Of course, the easiest and fastest way to obtain compensation is to claim for poor quality services. A claim is made for the provision of services of inadequate quality. A well-drafted document will help to have the desired effect on the service provider and return the money spent on it.

How to write a claim

Every company usually has a claim form.

1. The upper right corner of the document must contain the information of the company and the person filing the claim. It is advisable to indicate a mobile phone number, which will allow the enterprise administration to contact the consumer.
2. The word “Claim” is written in the center of the document.
3. After this word, the entire content of the events, as well as the consumer’s requirements, is included. In general, this paragraph consists of two main parts: the first part indicates the date and type of service that the consumer considers to be of poor quality, as well as the harm that was caused by this service; in the second part, it is necessary to enter all the requirements and the deadlines during which the consumer expects their fulfillment.
4. After listing the requirements, you must indicate your right to go to court in case of refusal or ignoring the deadlines for fulfilling the requirements.
5. It is also necessary to indicate a list of attached documents, if any.
6. At the very bottom of the sheet the consumer’s surname and initials, as well as his signature, are indicated.

This claim form is not mandatory, as there is no universal template. How to write a claim for poor quality service is usually decided differently in each individual case. And anyone can draw up a document.

The deadlines in the requirements must be specified in accordance with the law. Thus, according to Article 18 of the Law “On the Protection of Consumer Rights”, upon receipt of a claim, the seller must review the requirements within ten days and declare in writing a refusal to satisfy them, or notify the consumer about the deadline for fulfilling the requirements.

The legislation does not establish general time limits for the fulfillment of requirements. In each individual case, deadlines are set depending on the nature of the service provided, the complexity of the buyer’s requirements, etc. In those areas of activity that are regulated by separate laws, the deadlines are established by these laws. For example, the law “On Insurance Activities”.

If the consumer does not know how to correctly draw up a document (claim), a qualified lawyer can provide assistance.

In the extended version of the claim, when we are talking about large amounts or regular deliveries, it is necessary to indicate the punitive instruments specified in the contract. It is also advisable to mention sanctions such as collection of legal costs, penalties and forfeits. Of course, the more consequences and expenses this or that case entails for the seller, the sooner he will want to fix everything without bringing the matter into big trouble for himself.

How to substantiate a claim?

When filing a claim, you must properly substantiate your claims. First of all, in the text itself it is necessary to refer to the relevant articles of the Law “On Protection of Consumer Rights”.

• sales receipt or other confirmation of receipt of the service;
• warranty card for the service provided, if available.

Each document must be submitted in copies, and the originals must be reserved for yourself and for further proceedings, in the event of the service provider’s refusal to return funds and compensate for damages.

We submit the claim to the seller

Submission of a claim for poor quality of services can be made in various ways.

1. Hand over the document in person, preferably to the administrator of the establishment. It is necessary to draw up the document in two copies and ask the administrator or other person accepting the claim to sign on one of them, indicating the date of acceptance. This will help in the future to avoid excuses from the seller regarding the timing of fulfillment of requirements.
2. You can send a claim by mail in a letter with return notification. This guarantees that the seller will receive the document and will not be able to make do with excuses about the absence of a letter of claim from the buyer.
3. If the seller refuses to accept the claim, you must invite one or more witnesses directly to the premises where the company operates and leave a copy of the document on any table. Witnesses should be asked to sign and date another copy. This will be considered formal service of the claim.

Depending on how quickly the claim was filed, you should expect the speed of the seller’s response.

What can the consumer expect?

In the case where the seller has accepted the claim and all the consumer’s requirements, the buyer can (depending on his requirements) receive:

• repeated provision of services within a certain period;
• full or partial refund of funds paid for the service provided;
• if the consumer does not agree with only part of the services due to individual shortcomings, then correction of these shortcomings is free of charge;
• if, as a result of the provision of poor-quality services, the consumer suffered damage and losses, then compensation for these losses.

The claim relationship between consumer and seller is not mandatory. Therefore, at any time, one or another party can make changes and other proposals. So, for example, the seller or buyer can reduce the requirements or, conversely, add one more to them. Both sides are absolutely free in this matter, the main thing is to come to mutual agreement.

If the seller refuses the claim

It may happen that the seller refuses to satisfy the consumer's legal requirements specified in the complaint or completely ignores them by not responding to requests. In such cases, after the expiration of the period established by law, it is necessary to contact Rospotrebnadzor or the court.

And best of all, in both organs.

1. A complaint to Rospotrebnadzor is drawn up in approximately the same way as a claim, however, with the name of the relevant body indicated in the “header” of the document. The content must indicate all the circumstances specified in the claim, as well as the very fact of filing the claim and refusal to satisfy it. This body has some legal powers to influence enterprises by imposing fines and suspending activities in the event of gross violations of the law.
2. The court is a body where people turn to for almost any violation of rights and failure to fulfill obligations. In this case, it is necessary to file a statement of claim, indicating all previous events in the relationship with the seller. Here it is worth keeping in mind that the claim procedure does not necessarily have a character. You can go to court immediately.

Here are some tips that will make it easier to receive a refund and refund for poor quality service:

1. A claim for poor-quality service is ideally sent on the same day that the service was provided or completed. It is advisable to do this right at the point of service provision, which will facilitate further consideration of requirements and allow all shortcomings and defects to be resolved right on the spot without unnecessary paperwork.
2. In no case should you be conniving of the service provided, even if the defect was discovered after some time. This rule applies mainly to the construction sector and the provision of medical services. After all, it is in these categories of services that even the slightest defect can lead to tragic consequences.

In no case should legal proceedings be avoided in cases where the service provider refuses to comply with the consumer's demands for a refund for performing services of inadequate quality. Low-quality services should be distinguished from the entire array of offers through the efforts of all ordinary consumers.

When we pay money for services, we want to get a satisfactory result. But even when choosing from many organizations, you can always encounter low quality service. In this case, a well-drafted claim for poor quality services will help you get back the money spent.

Any controversial issues and requirements must be documented. If the service provider has violated the terms of the contract and refuses to compensate for losses, then pre-trial proceedings based on the claim will be required. This document will become the basis for protective actions in future possible court hearings.

The following reasons may serve as the basis for a dispute:

• The service was performed poorly;
• The service was not performed or was provided late.

Note! The service is always not free of charge, i.e. if they helped you do something for free (for example, they stuck a film on your smartphone), then if this action was performed poorly, you cannot make a claim, because the money was not paid, which means there was no service as such.

Very often, the contractor’s representative, after the work has been completed or even during it, asks to sign documents confirming the appropriate level of service and timely deadlines, which confuses. The main thing here is not to get lost and politely refuse in order to extend the order acceptance period and demand the appropriate level of service. If you sign, it will be difficult to prove any violations even in court.

It is important to understand that it is more difficult to prove poor quality of a service than a defect or defect in a product, because it does not have material evaluation parameters. Therefore, you need to prove your case correctly.

When making a claim, you must follow the basic rules:

1. The design of the document begins with the “header”. It contains information about to whom the claim is directed, i.e. official and legal name of the supplier organization. Next, indicate the full name, postal address, telephone number of the person requiring a response;
2. Description of the situation itself. The main points that were violated when filling out the data are indicated:

• Notes on legislative documents;
• Key points of the contract;
• Expert opinions;
• Material evidence base: photos, video materials and other data;

This point is the most key to solving the problem in your favor. Here you need not only to describe the violations, but also to provide as much evidence as possible, citing real data and a source.

3. Announcement of clear requirements. Within the framework of Article 29 of the Law “On Protection of Consumer Rights”, the client has the right to demand:

• In case of violation of deadlines: determine another deadline for completing the service, reduce the cost of the service, redirect the order to another contractor and demand payment, demand a full refund;
• If the service is performed poorly: provide a commensurate discount, redo the work, eliminate or correct deficiencies free of charge, transfer the order to another contractor and demand payment for it, terminate the contract and take the money.

1. Possible further actions and sanctions are prescribed in case of failure to comply with requirements (legal costs, penalties, penalties, etc.);
2. The document contains a list of attached documents (checks, guarantee cards, agreement, etc.);

The final part includes a signature and date of compilation.

The claim is drawn up in 2 copies, one of which with a mark of acceptance remains with you. The document can be submitted in two ways: by mail in the form of a registered letter or during a personal visit. If you use the services of Russian Post, you will definitely need to keep documents confirming the sending of the letter.

Just like with a product, claims are reviewed within 10 days and a response is given. Compliance with the requirements themselves is limited by different deadlines depending on the service sector, while the supplier can satisfy the request immediately after receiving the claim.

Sample claim form

It is more difficult to prove the appropriate quality of work than violation of deadlines. Therefore, we will clearly demonstrate the structure of writing a claim for poor quality services. The document will look like this:

Manager (or other official)

(full legal

company name)

from (client's full name)

residing at: (postal address)

contact phone number (any one that can be contacted)

claim (statement)

(Date) I entered into an agreement with your company (specify the type of agreement), which is confirmed by receipt No. (number of the agreement, receipt or check) dated (date). According to it, I paid an amount in the amount (in numbers and words) of rubles, for which your organization had to (register the service). But I found that (mark the main complaints and their inconsistencies with the contract). According to Art. 4 of the Law “On Protection of Consumer Rights”, the quality of the service must comply with the contract, which you have not fulfilled. Therefore, according to Article 29 of the Law “On Protection of Consumer Rights”, I have the right to make a demand:

• for free re-performance of the service;
• for a commensurate reduction in the cost of work;
• to eliminate deficiencies free of charge;
• to cover the costs of eliminating deficiencies (full performance of the service) independently or by another organization.

According to the above and in accordance with Art. 4, 17, 29 of the Law “On Protection of Consumer Rights” I ask:

(select what you want from the list) no later than (number of days) from the date of receipt of this claim.

If the requirements are not met, I will be forced to turn to the courts to protect my rights. Then, in addition to the points listed above, I will demand compensation for moral damage in accordance with Article 15 of the Law “On the Protection of Consumer Rights”.

(Date of writing) (Signature and transcript)