Often, citizens have to assert their rights when they are faced with paying for low-quality goods, services or work. Problems can occur in stores, banks, or other commercial organizations. Under such conditions, there is a need to return your money, so everyone should know how to write a claim so that it is correctly drawn up. If the transfer of this document to the organization does not lead to the desired result, you will have to contact the Rospotrebnadzor or the court to further resolve the problem.
How to defend your rights?
Any consumer can expect that his rights will not be violated. When buying any product or service, he hopes for a high-quality result, so if the product is defective or defective, and the service is not completely or correctly rendered, a citizen can complain to the company.
It is on the basis of a correctly drawn up claim that you can demand a correction of the situation or a refund. Many people do not know how to write a claim and assert their rights, which leads to a waste of money. If necessary, you can take the help of employees of Rospotrebnadzor.
Before contacting Rospotrebnadzor, you must try to resolve the conflict on your own, for which a complaint is drawn up to the management of the company or store. It spells out all the nuances of the existing problem. A complaint is made exclusively in writing.
Rules for compiling a document
How to write a complaint? There is no strictly established form, since each situation is unique. There are not even requirements for the content of the document, but it’s recommended that you take into account several tips to make a really effective statement:
- the situation that has arisen is described in detail, for example, information is provided that the purchased food is spoiled, the clothes are defective or the services provided do not correspond to the information contained in the contract;
- references are made to various legislative acts that were violated by the organization while conducting business;
- lists all the requirements of the consumer, which may be represented by a refund or replacement of goods;
- at the end, it is advisable to leave a link to the law, on the basis of which claims are made by the consumer.
There are many samples of this document, since they depend on which particular rights of the citizen were violated, as well as what actions should be performed by the violator.
Document structure
How to write a claim? To do this, it is recommended to take into account its correct structure. In this case, it is guaranteed that the information will be perceived by the addressee correctly. Therefore, the documentation is best compiled from several points:
- information about the buyer is indicated in the header of the document;
- data is provided on the direct addressee represented by the commercial organization from which goods or services were purchased;
- the essence of the claim is written in the main text, for example, it indicates that an expired product was purchased or the service was not provided completely;
- the date of writing the statement is set;
- at the end, the document is signed by the applicant.
Such a structure is considered the best choice for any official appeal, so it is suitable for writing an application to a store, bank or other organization. Before preparing the application, it is recommended that you carefully study the sample. How to write a complaint? For this, it is taken into account which rights of the citizen were violated.
Complaints about poor quality services
Companies providing services to the public may experience customer dissatisfaction for various reasons:
- poor-quality services, as the contractor could not meet the expectations of the customer;
- the provision of services is untimely;
- use of unacceptable technology;
- as a result, the health of the customer or the integrity of his property was harmed.
In any situation, the consumer can make a complaint.
Customer requirements
How to write a claim for a refund? The document needs to list what exactly the client was dissatisfied with. You can demand different results from the artist:
- elimination of defects identified by the buyer;
- price reduction due to poor quality of service;
- compensation for losses that the customer had to incur during the elimination of the identified defects;
- re-provision of the service;
- transfer of fines or penalties, if they are provided for by the contract;
- termination of the contract, on the basis of which the previously transferred funds for services are fully returned.
If the company does not respond to this appeal, then you can already write a statement to the Rospotrebnadzor or the court. In court, evidence will necessarily be required that a citizen tried to solve the problem peacefully, for which he made a complaint.
Complaint about defective goods
Quite often, citizens are required to write a claim for a product that may be of poor quality, expired or inadequate to the expectations of the buyer. The appeal can be made not only to the direct seller, but even to the company that acts as the manufacturer of the goods. It is important to refer to the provisions of the law on consumer protection.
How to write a claim for a product? A sample of such a document is located below.
The statement may require the seller to take different actions:
- replacing low-quality goods with a similar one, but not containing any defects;
- price reduction due to low quality of the product, for which it takes into account which defects are detected by the user;
- replacing a damaged item with a product of another brand or article, and additional payment may be made by any party;
- free elimination of all identified deficiencies at the expense of the seller;
- covering the costs of the buyer related to the elimination of defects;
- a refund for the goods, after which the item is returned back to the seller, and all associated costs should be borne by the company.
If you know how to write a claim for a return of goods, then there will be no difficulties in receiving money from the seller. If the buyer really has evidence that the purchased item does not meet the stated requirements in any way, then a refund must be made without fail. If the seller refuses to carry out the refund, you will have to file a complaint with the Rospotrebnadzor and the court.
The nuances of making a claim to the bank
Often it is required to write an appeal even to a credit institution. This may be due to various reasons, for example, the accrual of additional interest or the levy of commissions not prescribed in the loan agreement.
How to write a complaint to the bank? To do this, you must use all of the above recommendations, but the head of a particular institution is indicated as the recipient. The document should list what requirements are presented to the bank. It is indicated that if the consequences of violations are not corrected, then the citizen will have to turn to Rospotrebnadzor or the court. Therefore, you should understand how to write a complaint. A sample application to the bank is located below.
What needs to be attached to the document?
It is important to understand not only how to write a claim for a refund or elimination of defects, but also what additional documents are attached to it. They must confirm that a purchase has actually been made at a particular store. The following documents may serve as evidence:
- copies of checks or receipts;
- a technical passport, which must be issued for all expensive items, for example, household appliances;
- a copy of the warranty card, and usually it is in the box with the goods;
- an act on the examination of a complex product, but if this study was carried out at the expense of the buyer, then in the claim he may demand the return of the money spent.
According to the law, even in the absence of a check or receipt, the buyer can apply to the company with a statement. If you know how to write a claim correctly, referring to the norms of law, then you will not have to deal with unreasonable refusals of the seller.
How to file a document?
You should understand not only how to write a claim for a refund of money or goods, but also how the documentation is transferred to the company. You can use different methods for this:
- Direct delivery of the document to the head or employee of the enterprise. To do this, you must immediately make two copies of the document. One copy is handed over to the company, and the other remains with the applicant, and on it the employee of the company must put a mark on the acceptance of the application with the date the process was completed.
- Sending a claim by mail. To do this, you need to use a letter of acknowledgment of receipt so that the applicant knows exactly when the document will be received by the company representative. For the use of a registered letter you will have to pay a certain amount of money, but if a trial is required in the future, the plaintiff will have evidence that he tried to solve the problem in a complaint way.
- Sending a letter to the email address of the company. To do this, you need to know the exact details indicated on the official documents of the company. The proof of sending the document will be an extract from the electronic box.
Often, citizens are faced with the fact that representatives of the organization refuse to personally accept the documentation, so you have to use other methods of transferring it.
Company response
The legislation indicates a limited time period during which companies must respond to such requests. The basic rules include:
- The total period for reviewing documentation is 10 days;
- the seller of the goods may order an examination to make sure that there are defects and defects, therefore, the period for consideration of the application is extended to 20 days;
- if the warranty repair of the goods is carried out, then this time period increases to 45 days.
If the seller violates the above terms, then this is an offense for which companies may be held liable.
Reasons for refusal
If the claim is incorrectly drawn up or there are no grounds for its formation, then a refusal to return money from the company may be received. There are several reasons for this decision:
- examination shows that there is no marriage, therefore, problems with the goods are associated with various mechanical damages;
- the company simply refuses to indemnify the seller, although an independent examination reveals factory defects;
- the culprit is the delivery man.
In the last two cases, you will have to make an appeal to Rospotrebnadzor, as well as file a lawsuit.
Buyer Tips
Everyone should adhere to certain rules when communicating with commercial organizations. This will avoid various ambiguities and difficulties. These recommendations include the following:
- Before applying, make sure that the damage is a factory defect, and did not appear due to careless handling;
- when buying really expensive goods, it is advisable to seek help from a lawyer;
- it is allowed to involve an independent expert for the examination, but the claim should include the need for reimbursement of expenses by the seller;
- if a negative answer is received from the seller, then it must be submitted in writing, as this document is by all means attached to the lawsuit.
You should not refuse to assert your rights just because the product has a low cost. If each person carefully follows the requirements of the legislation, then sales of low-quality goods will stop.
Conclusion
Everyone should know how to write a complaint to a company that sold low-quality goods to a citizen or provided a service with various violations. This document should contain all information on cooperation.
It is recommended to attach payment documents and the act of the examination, if necessary. If the company refuses to compensate for the damage and return the funds, then it will be necessary to draw up a complaint to Rospotrebnadzor or send a lawsuit.