2024-10-30 07:55:00
Brest resident Alevtina Sergeevna (name changed), who had no relatives left, decided to order a monument for herself. For this, she turned to the sole entrepreneur Moiseenko, who promised to do everything quickly and efficiently, for only 2,000 rubles. The main condition was 100% advance payment. Without thinking twice, the pensioner agreed and gave the full amount. When the time came to pick up the order, the entrepreneur asked to wait a little longer… then again and again…
Each time he had some kind of excuse: he was sick, the material was not delivered on time, then the tool had to be repaired, or the worker broke his leg. As a result, eight months passed in lieu of both agreements, after which the monument should be completely ready and handed over to the customer.
Using her right to claim for free, Alevtina Sergeevna went to court and won. But no one has returned her money yet. There are dozens, if not hundreds, of people like her in Brest. Eight claims have been filed against one of the individual entrepreneurs mentioned above, totaling more than 20 thousand rubles. The Moskovsky District Court of Brest considered all of them in favor of the victims. The defendant, however, is like water off a duck’s back: there is nothing to confiscate from him to at least compensate the plaintiffs for the damage.
— Unfortunately, many people are still led by so-called baseless promises. entrepreneurs who then easily deceive their victims. Usually, no written agreements are concluded with them, and they require advance payment. They often lure you in with a cheaper price, beautiful photos, it’s not clear who or where they were taken. And people believe in most cases scammershe notes the judge of Moskovsky district in Brest Anastasia Brazinskaya.
According to her, recently judges have to consider more and more cases related to the protection of consumer rights. It should be immediately explained to those who apply that such cases require pre-trial consideration of the law. That is, first, a customer of a product or service whose consumer rights have been violated must file a claim against the contractor. If he does not respond within the period set by law, the victim can only then file a claim in court.
In most cases, as practice shows, the courts make decisions in favor of the plaintiff. Another thing is that the execution of such court decisions often drags on for months and even years. The example of IP Moiseenko is only one of them, but a very indicative example.
Advice for consumers: when making orders, read at least the reviews about this individual entrepreneur (legal entity) on the Internet; require a written contract and read it carefully. If you are not satisfied, for example, with the deadlines, ask if they can be reduced. Compare price tags for this type of service. If it is too low compared to the market, this should already be a sign that they are trying to trick you. In any case, do not agree with 100% advance payment, insist that the payment is divided into a larger number of steps as the work goes – then you risk less.
If the dish is spoiled…
The Brest Moskovsky District Court alone considered dozens of consumer protection cases this year regarding companies providing catering services. The most common complaints from complainants relate to poor quality food that is not well prepared.
“For example, when one woman, who ordered a feast in a restaurant, was unhappy with the kebab – it was dry and overcooked. Then they promised her a discount at first, but then changed their mind and told her to pay for the order in full. She did not pay more and left. Then the establishment sued her, and she filed a counterclaim and won. The establishment also incurred additional costs: in addition to the state duty, it had to pay the plaintiff 1000 rubles as compensation for moral damage, – Said Anastasia Brazinskaya.
Advice for consumers: The law provides for written orders for the services of catering establishments. The contract must be drawn up in at least two copies and signed by the customer immediately after the end of the event (banquet, buffet, etc.). The signature means that the customer is satisfied with everything and has no complaints about the establishment. After this he has to make a payment. If claims arise, they must be submitted in writing. However, do not forget that in case of disagreement, the establishment has the right to examine – if it reveals that the dishes were prepared according to the technology and according to STB, the establishment has the right to charge you the cost. of the examination.
Marriage is expensive
Another cause of common lawsuits filed due to violation of consumer rights poor quality of repair (finish) of the premises. Most often, tileers are sued, which is generally understandable – their services are not cheap, and the material used is, as a rule, also expensive, so they must be removed and thrown.
Advice for consumers. By law, when laying tiles, you can draw up a detailed agreement with the contractor detailing the pattern and color scheme – protecting you and the tradesman from potential problems. However, practice shows that no more than 10% of customers do this. But in vain!
Advice for performers. Rule one: when you accept any order, do the work efficiently, as if it were you. Rule two: if you still mess up, it’s better to fix the fault, or return the money without forcing the consumer to go to court. Legal costs may cost you 5-10 times more than the stated claim amount.
Anastasia Brazinskaya, judge of Moskovsky district in Brest
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