Currently, consumer rights have been violated by manufacturers and sellers quite often. This is primarily due to the carelessness and legal illiteracy of the citizens themselves, many of whom, when purchasing low-quality goods, are in no hurry 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 seek protection of their rights in court and receive small compensation for non-pecuniary damage.
Violation
A citizen will be able to receive a certain monetary compensation for his moral suffering or harm to his health only if he proves that these consequences are directly related to the violation of his rights as a consumer. Moreover, 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 due to dishonesty of the manufacturer.
Example:
A man bought a loaf at a grocery store. At home during a tea party, he found an insect in him, as a result of which he started vomiting and an ulcer opened, which was confirmed by the relevant medical documents. After he declared his claim to the manufacturer, he was offered to replace the loaf with another without any compensation or to 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 Consumer Protection was on the side of the affected person.
The more sad consequences may result from the purchase of expired medicines. In this case, the law speaks of an urgent return of such drugs.
Actions
If a person has purchased low-quality goods and cannot return it back, because the seller does not accept it, the following actions must be performed:
- Write a claim indicating the specific terms of 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 consumer conditions.
- Contact Rospotrebnadzor with a requirement to conduct an audit of this violation of the rights of the buyer.
In the event that the measures taken did not bring the desired result, it is necessary to file a lawsuit, the basis here will be article 15. Compensation for moral damage will be determined in the course of the proceedings, therefore it is necessary to keep checks confirming the purchase of low-quality products. In addition, it does 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 one who caused moral harm, 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 is appointed by the court. Therefore, the injured buyer will need to make every effort to confirm this fact.
For example, if a woman bought shoes in the store, after a week the heels fell off or the sole came off, then she would need to prove that the shoes were used in accordance with the operating conditions, thereby eliminating her own fault. And this can be established only by examination, which is best done independently, and then indicate its value in the lawsuit.
You can also invite witnesses to the court who could confirm the fact of the purchase if the person has lost checks.
Items that cannot be returned
In the event that a person has acquired poor-quality food products, due to the use of which he harmed 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 material damage.
Despite these rules, there are several types of goods that cannot be returned back after a purchase. According to the list, are not subject to return:
- medicines of good quality;
- underwear, tights;
- perfumery products;
- syringes, lenses, various pipettes that directly touch the human body;
- tissue;
- toothbrushes, hair clips, hair bands.
Therefore, even if the indicated goods turned out to be of poor quality, a citizen cannot return money for them.
Arbitrage practice
The most effective way to deal with 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 fault of the manufacturer. So says art. 15 ZOZPP.
Example:
A citizen purchased a warmed jacket in the store, because in its composition on the label was indicated 100% polyester insulation. After several days of wearing this thing, the man began an allergic reaction, his heart ached. The whole reason was that instead of synthetic winterizer, the jacket was insulated with fluff, which caused unpleasant symptoms. After passing the course of treatment, the man turned to the seller with a complaint and was refused. A citizen sued.
As the law “On the Protection of Consumer Rights” says, the latest version of which confirms the fact that a person can receive compensation for moral harm only if the manufacturer is guilty. 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, concluded that the fault of the manufacturer was fully proved. And he recovered from the inflicter of harm monetary compensation in the amount of 50,000 rubles in favor of the injured person. As the Law on Consumer Rights Protection, the latest edition of 2016, states that the amount of moral harm is determined by the judicial authority on its own, regardless of what losses the manufacturer of substandard products suffered.