Where can you complain about a defective product? How to write a complaint

20.09.2019 -

Study the law

First of all, don't be afraid to return the product to the store. In this case, the law “On Protection of Consumer Rights” is on your side. According to the law, the consumer has the right, if defects are found in a product, to demand replacement of a product of the same brand or a refund. It happens that a product is not expired, but damaged, and this is also a reason for returning it or exchanging it if, for example, it was stored incorrectly before sale.

Knowledge of consumer rights will allow you not to make a scandal, but to confidently argue your position.

Return the item to the store

First of all, you need to bring the expired product to the store. If the buyer still has the receipt, then there should be no problems, especially if the store values its reputation. If the receipt has not been saved, then it will be more difficult to return the product to the store, but this possibility is also provided for by law.

“Even without a receipt, you can prove the fact of purchase and sale - you can refer to the presence of CCTV footage, if there are any, and the fact of your purchase should be recorded there. Most likely, sellers will not agree to this. This is a more difficult step, but it remains as a backup if you have lost the check or it was not given to you,” says Margarita Gorsheneva, development director at QB Finance.

According to Article 25 of the Law “On the Protection of Consumer Rights”, the consumer’s absence of a sales receipt, cash receipt or other document confirming payment for goods does not deprive him of the opportunity to refer to witness testimony. So, if you didn't go to the store alone, this might help matters.

Contact Rospotrebnadzor

If the store refuses on principle to replace the product or return the money, you must leave a record of the incident in the book of complaints and suggestions, and then contact Rospotrebnadzor or a consumer rights protection organization, the expert recommends.

The telephone numbers of these institutions are usually posted in stores on information stands. You can also write a letter to Rospotrebnadzor with a complaint about the store on the official website of the supervisory authority. By the way, it is worth taking photographs of the damaged goods and attaching these photographs to the letter.

In addition, on " hotline» Rospotrebnadzor will tell you what to do in a specific situation, for example, if the consumer is not satisfied with the quality of the purchased product or the service provided. The hotline number: 8-800-100-0004 is open every weekday from 10.00 to 17.00 (break from 12.00 to 12.45). The call is free from any location in Russia.

How to properly file a claim

Claims regarding the quality of a purchased product that has expired can be submitted to the store in writing. According to the Moscow Region Consumer Rights Protection Society, the main thing is that the text of the complaint should make it clear: who is demanding, from whom, why and what.

The claim (we write the word “claim” or “statement” in the title) must consist of six required parts:

Information about who the claim is addressed to (indicate the full name of the store director and his legal name), and from whom the claim is being submitted (full name, contact phone number, postal address to respond to a complaint);

Information about the product: what product was purchased (name), its cost, date of purchase (usually indicated on the cash register or sales receipt, which it is advisable to attach to the claim), expiration date of the product indicated on the packaging;

The essence of the claims to the product: state your claims to the product in any form (the expiration date has expired or the product is spoiled and unfit for consumption);

Specific requirements for the seller: for example, replace a low-quality product or return the amount paid for the product, and the requirements must be justified by law (it is advisable to indicate the article numbers of the Law “On the Protection of Consumer Rights”); if you demand compensation for losses, the claim must be accompanied by documents confirming the amount of losses caused (a receipt, and if you were poisoned by an expired product, a doctor’s certificate and a receipt for medicines);

Indicate what documents are attached to the claim (copy of sales or cash receipt, etc.).

The claim can also mention the intention to appeal to Rospotrebnadzor or to court to protect your rights if the seller refuses to voluntarily satisfy the claim.

Full name, signature of the applicant and date.

The claim must be prepared in two copies. The claim can be presented in person by arriving at the store. One copy must be handed over to the seller, administrator or other authorized person (the head of the legal entity is not obliged to accept the claim personally). On the second copy, you must receive a mark confirming the acceptance of the claim: the signature of the person who accepted the claim, its decoding (last name, first name, patronymic, position), date of acceptance, seal or stamp of the legal entity (or individual entrepreneur). The presence of a seal (stamp) on the claim is not necessary - the courts, in most cases, consider the fact of delivery of the claim to be proven without it.

The claim can be sent by mail, and it must be registered mail with acknowledgment of delivery and with an inventory of the attachments (make an entry in the inventory - a claim with such and such requirements). Documents received from the post office (check, list of attachments, receipt receipt) must be kept - they will be proof that the addressee received your claim.

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Today you can buy almost everything on the Internet - from pizza for dinner to the latest gadgets. In Russia, as well as throughout the world, online stores are becoming more and more popular every year, however, along with this, the number of Internet scammers is also growing. How and where can you complain about an online store so that it brings the desired result and the perpetrators are punished? Read about it in our new material.

In what cases can you complain about an online store?

As a buyer in a Russian or foreign online store, you may encounter a lot of troubles. Here we will look at the main problems that may arise when making online purchases:

you paid for the goods (or made an advance payment), but the order was not sent to you;
you were sent something other than what you ordered (for example, a different model);
you were sent a low-quality product (defective, expired, etc.);
the seller did not send the entire ordered set;
you were refused an exchange of goods within 14 days from the date of purchase.

If a buyer is sold a low-quality product, he has the legal right to demand that it be replaced with products with similar functionality or to terminate the sales contract and return the money.

But the buyer does not always encounter a conscientious seller who follows the law. In this case, the buyer will have to defend his rights.

What is a defective product?

The quality of a product is understood as a set of consumer properties that meet the needs of the buyer and exclude harm to him, subject to proper operation, consumption, storage and transportation.

Although, from a legal point of view, all goods are of proper quality, the law does not contain direct definition, which product is considered to be of low quality.

A low-quality product can be defined as a product that does not correspond in its properties and functions. accepted standards, standards, due to which the consumer cannot use it for its intended purpose.

According to the Law “On the Protection of Consumer Rights” and Article 469 of the Civil Code, a low-quality product does not have certain properties, which were assumed by the concluded sales agreement between the buyer and the seller. This means that this product does not comply with the conditions and requirements of special legislation, samples and descriptions; characteristics that allow this product to be used for the purposes that are usually pursued by customers when purchasing a product of this kind.

A low-quality product is not capable of performing the functions for which it is intended. The vast majority of conflicts between seller and buyer arise due to the purchase of low-quality goods.

Article 18 of the Law “On the Protection of Consumer Rights” indicates the following legitimate ones to whom a defective product was sold:

terminate the sales contract and return the money;
product for the same proper quality (same model and brand);
exchange the product for a similar one with the same functionality(for example, to a phone of a different brand or model) with cost recalculation.

In this case, the choice of the optimal solution, whether to return the product or exchange it for a similar one, remains at the discretion of the consumer. The seller has no right to impose his opinion.

The buyer can also make a demand for the return of low-quality goods in relation to goods that are approved by a special Government Decree (this includes a wide list household appliances and electronics). Such goods may be returned to the store within 15 days after purchase if any defects are found. After the specified period, the product is returned to the store only if it is in stock.

According to the Law “On the Protection of Consumer Rights”, the absence of a cash register or sales receipt cannot be a reason for refusing to return a low-quality product.

According to Art. 21 of the Law, the seller is obliged to replace a low-quality product within 7 days after its purchase, subject to the availability of an analogue in the warehouse. But in the absence of such goods, the terms for exchange are extended (up to 30 days).

According to current legislation, goods with inadequate quality can only be exchanged for a new one that has not been previously used. In this case, the seller’s warranty obligations should be reviewed, and the start date should be the date of transfer of the new product to the buyer.

If during the time that the faulty product was with the seller, the price for it increased, then he does not have the right to demand that the buyer pay the difference for the product when exchanging it. This is confirmed by Art. 24 of the Law “On the Protection of Consumer Rights”, which states that the cost is not recalculated when replacing a product with an analogue. But when the consumer agrees to replace a low-quality product with another with a different model, brand, article, etc., then he is obliged to pay the seller the difference, provided that the cost of the product purchased in return is higher.

When mentioning a low-quality product, the Civil Code and legislation on the protection of consumer rights provide language about a defect and a significant defect. A product of poor quality always has one of these shortcomings.

The difference between these concepts is that a significant deficiency is understood as one that cannot exist without disproportionate costs or time costs, or one that has repeatedly manifested itself after its elimination, or similar deficiencies.

For example, a heated seat that doesn't work can be considered simply a "fault" since it does not prevent the car from being used for its intended purpose. But if the heating is repaired, and then the defect manifests itself again, then it will become significant.

All shortcomings can be divided into obvious ones, which can be detected during initial examination, and hidden ones, which can only reveal themselves during operation.

According to another classification of product defects, there are design, manufacturing, prescription and other defects.

How to file a claim for a defective product

To return a defective product, the buyer should contact the store with a written complaint. A unified form for such a claim has not been developed; it is drawn up in a free format.

The store must have a written form: it can be written by hand or typed on a computer. The claim may consist of the following sections:

The buyer's full name must be written in the header of the document.; the name of the store to which the complaint is being filed.
Document title: “Claim.”
The descriptive part describes in detail the circumstances of the purchase.: date of purchase, what product was purchased (serial number, model and trademark), what defects were discovered by the buyer in the product and when, under what circumstances they arose (to eliminate the possibility of operational defects of the product); if there are witnesses to the incident, information about them is indicated.
The reasoning part specifies the basis for filing a claim with the store.: for example, with reference to Article 18 of the Law on “Protection of Consumer Rights”.
In the petition part you need to indicate the consumer’s requirements: , exchange the product for another or the same new one.
Other evidence of the fact of purchase in this store may also be used as attachments to the claim. If at the time of filing a claim the consumer has already carried out an examination regarding the occurrence of deficiencies, then its results should also be attached. Then, in the requirements for the store, the buyer may additionally demand compensation for the costs of.
Date of filing the claim and the buyer’s signature and its transcript.

A sample complaint for a defective product to a store can be downloaded from. The claim can be submitted by the buyer personally to the store administration or sent by registered mail.

What to do if the store refuses to refund your money

The seller has the right to legally refuse to return the goods:

if the product is included in the product list, return;
if the buyer violates the established return rules;
if fraud is suspected(for example, that the buyer replaced the product with a counterfeit);
in the presence of defects that arose due to the fault of the buyer.

But if the seller refers to the absence of a sales receipt, money in the cash register for a refund, the absence of another product for exchange, that the product is not allowed to be exchanged due to its purchase during the discount period and that the product is not subject to exchange by law (although the product is not included in the list from Government Decree No. 55), then the seller’s actions are illegal.

If the store refuses to comply with the buyer’s legal requirements, he should adhere to the following algorithm of actions:

Contact the store with a complaint. The buyer must keep one copy of the claim with a note from the store confirming its acceptance. If the store in every possible way prevents you from receiving the claim, then it must be sent to the store’s legal address (it can be found in the buyer’s corner).
Wait for the results of the claim. The results of its processing must be transferred to the buyer in writing and contain the reasons for refusing to return the defective product.
At unlawful refusal The buyer has the right to seek protection of his interests in. Based on the results of consideration of the appeal, the department must conduct an unscheduled inspection of the store. If store management violates current legislation, it may be required to pay a large fine.
The buyer also has the right to sue. Here he can demand not only compensation for the cost of the goods, but also moral damages.

Thus, the Law “On Protection of Consumer Rights” protects the rights of buyers when they purchase low-quality goods. They have the right to exchange defective goods for a new one of high quality or similar from another manufacturer, as well as to terminate the sales contract and return the money for the purchase. In order for the buyer’s demands to be fulfilled, he should contact the store with a written complaint. If the consumer’s demands are ignored, he can complain about the store to Rospotrebnadzor or go to court for compensation.

When purchasing a product, the consumer does not always immediately pay attention to quality and suitability for use. It is also often possible to find expired suitability. Such situations require citizens to be attentive, because Consumption of expired products threatens health deterioration. Stores that do not comply with sanitary and consumer standards must be punished. Because of this, you need to know where and how to complain.

This article will fully cover the question of how to write a complaint against a store regarding expired food, noise and other pressing issues.

The portal provides consultations with lawyers who will help you draw up applications free of charge, tell you how to properly file a complaint, etc.

Every consumer should have the knowledge of where to file complaints if their rights are violated. After all, non-compliance with the law “On the Protection of Consumer Rights” can come from a store, a financial institution, a beauty salon, etc.

The responsibilities of Rospotrbenadzor include many functions, for example:

Monitoring sanitary compliance and established standards in all public companies: schools, cafeterias, grocery stores, office premises and more.
Control over the quality of prepared food products, incl. level of radiation and exposure.
Epidemiological monitoring of the situation both within the Russian Federation and verification of foreign citizens arriving in the territory of our country. Vaccination, information alert, etc.
Buyer protection.
Protection in the field of service provision.
Protection against fraud in promotions and lotteries.
Control of financial institutions with additional lending services.
Control over collection entities.
Licensing.
Other responsibilities.

If you have doubts about whether the situation is suitable for contacting Rospotrebnadzor, you can consult with the competent lawyers of our portal. We remind you that consultations are free and are carried out 24 hours a day.

Questions to contact the regulatory authority

The list of reasons for contacting Rospotrbenadzor is presented in an official document by this organization, which describes all functionality. If the buyer's rights are violated, if the store makes noise that disturbs good rest or the seller has not fulfilled the requirements for replacing the goods, you can safely contact Rospotrbenadzor.

This organization has the full range of capabilities to force the store to eliminate the noise and fulfill the customer's legitimate demands. Poor quality of services and food are the main reasons for writing complaints about stores.

The second main reason is various disorders in the housing and communal services sector. These usually include illegal increases in tariffs, poor quality of services, violation of sanitation standards and other aspects. For example, if in apartment building cockroaches have infested, and the Management Company does not take control measures, then you can file a claim against the management company with Rospotrbenadzor.

Complaint procedure

The first step when purchasing a low-quality product is to file a verbal complaint with the store administration. Proof of purchase is a cash receipt. The buyer has the right to demand an exchange for a quality product or a refund.

If you receive a refusal to the above requirement, it is recommended to draw up a complaint (2 copies) and submit it to Rospotrbenadzor. The first copy with the date of receipt and signature of the employee remains with the client, the second with the organization. Branches of the institution are located in every city and most villages. This organization is authorized to conduct various inspections.

You can also complain about a store through the Russian Post, by calling the hotline number or through the website. How and where to contact via the Internet will be described in the following sections.

Registration of the appeal occurs within 3 working days from the date of its submission. The consideration of the complaint must be carried out within a calendar month. If your application is refused, you can complain to the prosecutor's office or Federal service on supervision.

Often there are situations related to the underweight of food products or a price that does not correspond to the price tag. These situations also require contacting a regulatory authority with a complaint against the store. These organizations include the Department for Combating Economic Crimes. The claim is submitted at the consumer's location.

On the portal you can download a sample of the following documents for free:

Filing a complaint via the Internet

Where and how to contact if it is not possible to visit Rospotrebnadzor in person? With the development of IT technologies, citizens can contact the regulatory authority via the Internet with a complaint about the store. To do this, follow the instructions:

visit the official website - rospotrebnadzor(dot)ru;
select the appropriate section;
attach a completed application;
enter information in the appropriate fields;
leave your contact details.

Do not forget about the territorial location of the store, because... In the absence of this data, consideration of the application will take a long time. You should also clearly follow the instructions on the website in order for your application to be accepted for consideration.

On official portal organizations you will find full information about the scope of the authority’s activities, how and where to file a complaint, forms for online appeals, regulations and much more.

By the way, on that website you can also find contact information for all state reception offices regarding your question. In addition, you can find territorial authorities that you can contact via the Internet. Regardless of the application form, the answer will be sent in a way convenient for you.

Important consumer information

As mentioned above, you can contact the regulatory authority in case of violation of all consumer rights - be it a low-quality product or service, violation of food storage standards, running cockroaches and other situations.

If the following violations are detected, each consumer has the right to contact Rospotrebnadzor:

provision of low-quality services or sale of such goods;
on safety issues for human health and the environment;
knowingly false information about a product or service;
in case of any violation of the client’s rights provided for by the current legislation of the Russian Federation.

Remember that only a conscious attitude towards your health and the preservation of the environmental situation will allow regulatory organizations to bring violators to justice. Otherwise, their activities may go unpunished.

Reasons for refusal to consider a complaint

The main reason why a claim may be refused is the lack of competence of the organization in this matter. In this case, the application should be redirected to another department. This will be indicated in the response letter to the appeal. The response should be expected no later than seven days after registering the complaint.

Also, if contact information was not indicated in the appeal:

passport number and series;
almost shipping address;
registration address.

That application will also not be considered and, accordingly, there is no need to wait for a response.

Another factor in the refusal is the legal battle with Rospotrebnadzor on another issue. If there are threats, blackmail, abuse, insults and disrespectful treatment, no response will be given. A complaint will be rejected if its text cannot be read or a return mailing address cannot be established.

If the rules allow you to give an answer and the return address is readable, then even if there is a refusal, the consumer will receive an appropriate notification that will describe the reasons for the impossibility of considering the application.

You should contact Rospotrebnadzor promptly in the event of a violation. A complaint against the store is registered within three days. The response is received within a calendar month. Experts in the field of consumer protection advise visiting the regulatory authority in person and filing a complaint under the guidance of a representative of the organization.

Want to complain about a store because of noise? Brief instructions

In today's realities of life, it is difficult to surprise a person if the store is located on the first and semi-basement floors of an apartment building. Often this is the reason why conflict situations, the main reason for which is noise: industrial air conditioners, unloading and loading in the silence of the night, operation of refrigeration units, etc.

What to do in such a situation and where to go? The main destination is the same Rospotrebnadzor. The scheme of actions is the same:

We formulate applications addressed to the main manager in the territorial department.
We describe the current problem.
We attach evidence base(photos, video report).
Indicate your request for noise measurements (necessary for further litigation).

In addition to the application, it is very important to provide evidence that will be significant when going to court. For example, these could be similar noise complaints from neighbors (class action lawsuit). It is also possible to conduct pre-trial measurements.

Important information!!! IN the impact of noise and vibration waves on the central nervous system and autonomic system recorded from 40 to 70 dB. Research in this area has shown that when exposed to noise, a person’s performance decreases by 10%, the level of perception of illness increases by 15%, and the causes of insomnia are recorded in 45/100 cases.

A sample noise complaint statement can be downloaded on the portal for free:

After the application is submitted to Rospotrebnadzor, its employees set a day to measure the noise that comes from the specified facility. This procedure carried out after coordination of actions with the prosecutor's office. The defendant or his official representative must be present during the measurement.

If the measurement shows that the standards and rules for maintaining this equipment are exceeded, an order will be issued to eliminate it. Thus, the defendant is obliged to eliminate the source of noise within the specified period.

Practice shows that these instructions are often ignored by the defendant. In this case, you should write another statement. But if this application remains unanswered and the violations are not eliminated, you can safely go to court to eliminate the equipment and receive compensation for moral and physical damage.

The complexity of the situation may be due to the lack of a response from the regulatory authority or the measurements being taken on a date other than that indicated in the response. It must be remembered that the inaction of this institution can be appealed by sending a letter to the head of the territorial unit or to the court.

Proceedings through the court

Often, noise litigation ends up in court. Submit a statement of claim regarding the store’s violation of the SanPiN conditions and the reasons for the harm to health.

The following must be attached to this document:

letters sent to Rospotrebnadzor;
noise measurements taken;
photographs and video report of the object;
contact independent expert organizations, and also attach the results to the claim.

The harmful effects of noise on the human body, both physical and moral, are quite difficult to prove in court. To do this you should attach medical examination, involve the doctors who performed the diagnostics, and also collect written testimony from neighbors.

As a rule, the result of litigation is a proposal by the defendant for a settlement, in which guarantees will be given to eliminate the causes of noise. Otherwise, the defendant will be held accountable according to the administrative code and fines will be imposed.