The range of services provided to the population today is huge. Some of them are free, some for a fee. It is generally accepted that paid services should be better than free ones. This is partly a true judgment. Meanwhile, in practice, there are frequent cases when the client who has made the agreed amount does not receive the expected service. How to be in this situation? Is there a statutory refund for unproven services? We will understand this further.
General information
Indeed, as practice shows, cases of non-provision of already paid services are quite frequent. But before you make a complaint, you need to figure out who is to blame for what happened. After all, situations can be different. For example, the service might not have been provided due to the illness of the client, the dishonesty of the supplier and other circumstances. Equally important is the content of the contract that the parties entered into. So, often a refund for unproved hotel services is not provided if the client did not warn in time about the circumstances that prevented him from using them.
Action chart
A refund for unproven services under the contract involves a claim. It must be in writing. This is necessary in case the company does not respond to the letter or refuses to comply with the requirements.
The claim should be made in 2 copies. One is sent to the company, the other remains with the client.
The claim shall indicate:
- F. I. O., address, contact details of the applicant and addressee.
- Number and date of conclusion of the contract.
- The reason for petition.
- Requirements.
You can submit a claim in the hands of an authorized representative of the company or send it by mail. In the latter case, a registered letter with notification should be issued. If a claim for a refund of money for an unproven service is handed in personally, then on the applicant’s copy the receiving entity must put an acceptance mark and a signature on it.
By law, the addressee must send a response within ten days. He needs to study the claim, the terms of the contract and make a decision.
Consumer Rights Protection Division
This authority should be contacted if the company refused to refund money for an unproven service on a customer’s claim. You must write a statement to the Consumer Rights Protection Division. It does not need to duplicate the claim. The statement should briefly describe the situation: write that the rights were violated, a complaint was written, but the request was denied or no response was received.
The statement, as a rule, is asked to deal with the situation, to conduct an audit and to assist in the return of funds for an unproven service. A copy of the claim, contract and other relevant documents is attached to the document.
Claim for a refund for an unproven service: sample
You can appeal to the court at the same time as sending an application to the Department for the Protection of Consumer Rights, before or after it.
The legislation provides for a mandatory claim procedure in such cases. Simply put, the lawsuit will be accepted if the applicant has already tried to resolve the issue in pre-trial procedure. In support of this, the plaintiff must attach a copy of the claim and other documents.
It must be noted that in accordance with the rules on jurisdiction, the application is sent to the authority at the location of the defendant.
The text of the claim should describe the events in chronological order. It is important to refer in the application to specific legal acts that have been violated. At the end, you need to list the attached documents.
Required details of the claim are:
- The name of the authority to which the application is sent.
- Full name of the plaintiff and defendant, addresses, contact information.
- Date of preparation.
- Signature.
Features of the proceedings
To defend your position, you must have convincing and reliable evidence. The court should provide documents confirming that the service was paid, but was not provided. A payment document may be a check, receipt, order. If such securities are not preserved, you can request an extract from the bank (if payment was made from the account).
Be sure to provide a copy of the contract. It is the basis for the emergence of obligations and rights of the parties.
Nuances
The term for a refund for an unproven service within the framework of the claim procedure is, as a general rule, 14 days. However, the law does not prohibit payments earlier. Currently, most often the transfer is carried out within 2-3 days. If payment is made through the bank in cash, the authorized employee shall indicate in the field "Purpose of payment" "Refunds for unproven services." The settlement document will confirm that the claim is satisfied.
If the case comes to court, then the return period will be delayed for the entire period of the proceedings. Direct collection (in case of satisfaction of the claim) is carried out through the FSSP. After the entry into force of the decision, the applicant is issued an executive document. With him, he turns to the bailiff, writes a statement. From this moment, the FSSP employee is engaged in the collection.
Important point
It should be noted that if the performer’s guilt is proved, he will have to return 100% of the amount received earlier. If the service was not provided due to customer actions, the company’s expenses are deducted from the total payment. In addition, depending on the circumstances, the customer may even be refused a refund.
Other payouts
In addition to the refund of unproven services, the applicant is entitled to demand additional compensation. Thus, the law allows the presentation of claims for compensation for non-pecuniary damage caused by the performer. It is worth saying that in this case it will be necessary to prove that the inaction of the service provider led to the moral and physical suffering of the applicant. It is advisable to have supporting documents (certificates from doctors, etc.).
Advance and deposit
Often, an agreement or an agreement supplementary thereto provides for prepayment. For many citizens, advance payment and deposit are the same thing. Meanwhile, these are completely different concepts.
A deposit is called an advance payment, the transfer of which is regulated by Articles 380-381 of the Civil Code. This amount is considered as security for the performance of obligations under the contract. In essence, the deposit is evidence of an agreement.
The legislation establishes a special procedure for the return of this amount. If the customer voluntarily refused the service, the deposit is not returned. If the performer’s fault is proved, he is obliged to return the amount in double amount.
As for the advance payment, it acts as a regular prepayment for the services that will be provided in the future. Usually this amount is used to cover the costs of the supplier. The advance is refunded even if the client himself has refused the service.
The fact of return is made in writing. It may even be a simple receipt. If the parties are discussing the payment of a deposit, an additional agreement must be drawn up. It enshrines the conditions and procedure for the return, the rules for notification of the occurrence of force majeure.
Conclusion
Lawyers recommend that you carefully study the contract for the provision of services before signing. The fact is that at present in the same market both conscientious suppliers and fraudsters work. If in doubt about the content of the contract, it is advisable to show it to a qualified lawyer.
Unfortunately, many citizens ignore the need to conclude a written contract, confining themselves only to an oral agreement. If disputes arise in such cases, it will be extremely difficult to prove their case. The agreement is the main confirmation of the occurrence of legal relations between the parties. Therefore, it must always be drawn up.