Art. 15 Law "On Protection of Consumer Rights". Compensation through court

At present, consumers' rights have been violated by producers and sellers quite often. This is primarily due to inattention and legal ignorance of the citizens themselves, many of whom, acquiring poor-quality goods, do not rush to take it back, but simply throw it away. Thus, violators of the law remain unpunished, and defective products continue to be on the shelves of commercial premises.

Nevertheless, some apply for the protection of their rights in the courts and receive small compensation for non-pecuniary damage.

Violations

A citizen can receive a certain monetary compensation for his moral suffering or harm to health only if he proves that these consequences are directly related to the violation of his rights as a consumer. In this case, the amount of compensation is determined only by the court, as stated in Art. 15. The Law "On Protection of Consumer Rights" always stands on the side of those citizens who have suffered because of the manufacturer's dishonesty.

Example:

The man bought a loaf at the grocery store. At home during tea drinking he discovered an insect in him, as a result of which he started vomiting and opened an ulcer, which was confirmed by appropriate medical documents. After he claimed his claim to the manufacturer, he was offered to replace the loaf with another without any compensation or return the money.

The man went to court and won the trial. The plant paid him moral damage on the basis of Art. 15. The Law "On Protection of Consumer Rights" was on the side of the injured person.

To more sad consequences may lead to the purchase of medicines with expired shelf life. In this case, the law speaks of the urgent return of such drugs.

Actions

If a person has purchased a substandard product and can not return it back, because the seller does not accept it, it is necessary to perform the following actions:

• Write a claim specifying the specific time frame for its consideration, and then threaten to appeal to the court. As a rule, store managers do not want to spoil their reputation and therefore agree to all the conditions of the consumer.
• To apply to Rospotrebnadzor with a request to conduct an audit of this violation of the buyer's rights.

In the event that the measures taken did not bring the desired result, you must apply to the court, the basis here is Article 15. Compensation for moral harm will be determined in the proceedings, so you need to keep checks confirming the purchase of poor-quality products. In addition, it will not hurt to enlist the support of witnesses, especially when it comes to human health.

the confirmation

In order to receive monetary compensation from the person who caused moral damage, it is necessary to prove his guilt, according to art. 15. The Law "On Protection of Consumer Rights" in this case indicates that the amount of compensation will be paid in the amount in which it will be appointed by the court. Therefore, the affected buyer will need to make every effort to confirm this fact.

For example, if a woman bought a pair of shoes in a store that had lost a heel or a peel off a week later, she would need to prove that the shoes were used in accordance with the operating conditions, thus excluding her own guilt. And this can only be established by an expert examination, which is best done on your own, after which you indicate its value in the claim.

You can also invite witnesses who could confirm the fact of purchase if the person has lost his checks.

Goods that can not be returned

In the event that a person has acquired low-quality food, due to the use of which he caused damage to his health, he can return them and demand compensation through the court under art. 15. The Law "On Protection of Consumer Rights" will be directly on its side, and the amount of this amount will not depend on the fact that the citizen has already been compensated for the material damage.

Despite these rules, there are several types of goods that can not be returned after purchase. According to the list, no refunds are allowed:

• Medicines of appropriate quality;
• Underwear, tights;
• Perfumery products;
• Syringes, lenses, various pipettes that directly touch the human body;
• Fabric;
• Toothbrushes, hair clips, hair bands.

Therefore, even if these goods turned out to be of poor quality, a citizen can not return money for them.

Arbitrage practice

The most effective way to combat unscrupulous suppliers and sellers of products is to contact higher authorities. In order to defend their case in court, it will be necessary to prove the fact of the fault of the manufacturer. So it says art. 15 CEP.

Example:

The citizen bought a warm jacket in the store, because in its composition on the label was designated a 100% synthon insulation. After several days of wearing this thing a man started an allergic reaction, his heart ached. The whole reason was that instead of sintepon the jacket was warmed down, which caused unpleasant symptoms. The man after the course of treatment turned to the seller with a claim and was refused. The citizen filed a lawsuit.

As the law "On protection of consumers' rights" reads, the last edition of which confirms the fact that a person can receive compensation for moral harm only if there is a fault of the producer. The man conducted an independent examination, which confirmed this fact.

From the case materials:

The court, when examining the evidence that was provided by the plaintiff, came to the conclusion that the fault of the manufacturer was fully proved. And recovered from the damage causer a monetary compensation in the amount of 50 000 rubles in favor of the injured person. As the law "On protection of consumers' rights" reads, the last edition of 2016, the amount of moral damage is determined independently by the judicial authority, regardless of what losses the producer of low-quality products incurred.