Provision of substandard services: a sample claim

In the current legislation, the procedure for the provision of services, requirements for performers, as well as the rights of consumers is fixed. However, many citizens do not dare to defend their interests when provision of substandard services.

Consumers, as a rule, just do not believe that justice can be achieved. Meanwhile, there are many cases in the judicial practice when unscrupulous executors are held accountable.

What is the service?

Within the framework of civil turnover,a huge number of transactions. Provision of services is also a transaction. The difference between it and the sale and purchase of goods is that the consumer does not receive any thing.

The result of the service can not be calledan object in the classical sense. When a consumer turns to a dentist or a hairdresser, he sees the result of the work. That is, there is a change in appearance or condition of the oral cavity. If we talk about services, then to determine their result is somewhat more complicated. Let's turn to the dictionary.

Service in the classical sense is calledactivity that benefits the recipient. The service may be tangible or intangible. In the latter case, it is a question of such activity, as a result of which the material object is absent, and the value (benefit) is contained directly in the actions of the performer. An example is the appointment of a therapist.

Material is called such a service, after rendering which the consumer has some kind of material object, for example, after receiving a prosthetic a person has a crown on the tooth.

Provision of substandard services

Any person wants to buy quality goodsand receive quality services. The legislation specifies requirements for performers, which are mandatory for compliance. Meanwhile, not all organizations and specialists want to fulfill them. This leads to provision of substandard services.

Assessment of compliance with legal requirements,as well as the needs of the consumer can be carried out on the basis of the result. If it satisfies the requests, then the service can be considered qualitative. For this, the performer is to be guided not by subjective criteria, but by universally recognized standards.

Properties and quality parameters should be reflected in thecontract. Information about the service should be accessible and understandable to the consumer. If the customer has doubts about the quality of the services, he has the right to bring claims to the performer.

Relevance of the issue

FROM provision of substandard services citizens are faced in a variety of spheres. In some cases, this does not have negative consequences, while in others it can create a threat to health or life. For example, poor medical services. For example, a person needs expensiveoperation. If the surgeon is negligent, ignores the basic rules of hygiene, the patient may have an infectious infection, which, in turn, may require additional treatment.

Negative consequences may arise when poor-quality provision of legal services. For example, a citizen turned to a lawyer tohe represented his interests in court. If the specialist turns out to be unskilled or inexperienced, the case will be lost. Accordingly, at best the applicant will lose time and money, and at worst will have to compensate for the additional costs of the defendant.

Contract

In connection with the fact that the sphere of social relationsconstantly developing, activities related to the provision of services are also being improved, and consumers are becoming legally competent. There are a number of rules, without respect of which the provision of services is currently not allowed.

One of the requirements of the legislation is the obligatory conclusion of an agreement between the customer of the service and its executor. This prescription is justified. When provision of substandard services the contract will become the basis for the appeal to the court.

Interest in concluding an agreement shouldbe, first of all, with the customer. The more details will be the content of the contract, the greater the chances to defend their rights, if the performer committed violations.

The agreement provides for a list of services, criteria for assessing their quality, cost, deadline, rules for resolving disputes.

Normative base

Claims for substandard services the customer can present to the executor on the basis of the provisions of Article 29 of the Federal Law № 2300-1.

The law permits the direction of the requirement at the stagereception of the service, upon completion of its provision, and also during the warranty period and until the expiration of 2 years from the date of receipt of the service. If the activity of the performer was connected with an immovable object, the limitation period is increased to 5 years.

It is worth saying that not all the services are guaranteed. In this case, it will be somewhat more difficult to prove the fact of violation by the executor. When submitting complaints of poor service delivery the customer will have to provide evidence that the deficiencies arose before the service was accepted.

Legislation, however, provides for a number ofcases in which the perpetrator can be released from liability. This is possible if he proves that the faults arose due to the fault of the user of the service, due to the interference of others, due to force majeure.

A sample of the claim for poor-quality provision of services

If the customer was provided with a substandard service, he is entitled to draw up a claim and forward it to the executor. It is necessary with all responsibility to approach to registration of this document.

The claim shall specify:

• Specific violations committed by the perpetrator.
• Signs of substandard service delivery.
• Requirements to the performer.
• References to normative acts.
• Time for elimination of deficiencies.

The text should not use emotional phrases, threats, etc. The claim must be drafted in a business language.

You can send the document in different ways. One of the most common is sending by registered mail. It is advisable to make a copy of the document that should be left to yourself. The letter must be sent with the receipt of the receipt. It will confirm the acceptance of the claim by the executor.

Send a claim to the address specified in the contract, or for which the service was rendered. Sometimes they coincide.

Requirements

Article 29 of Federal Law No. 2300-1 provides for several options for consumer action. He can present any of the following requirements to the performer:

• Eliminate deficiencies free of charge.
• Reimburse expenses incurred as a result of poor service.
• Gratuitous re-provision of services.

Nuances of judicial practice

One of the most common causes of conflict betweenthe consumer and the executor is the lack of sufficient information about the service and the parameters of its quality. Simply put, the customer did not receive the full amount of information about shortcomings and advantages.

When considering disputes, courts should proceed from theassumptions that the consumer can not have all the necessary knowledge about the characteristics and properties of the service when referring to the performer. Accordingly, the latter's duty is to provide the customer with the information in full. In the event of failure to comply with this requirement, the performer will be responsible.

In the case of meeting customer requirementsGratuitous elimination of the defects or re-provision of services, the supplier is not relieved from the obligation to reimburse the penalty for violation of the established deadlines.

Appeal to the court

Many performers, not wishing to bring the matter totrial, seek to eliminate violations as soon as possible. However, it also happens that the customer receives a refusal to satisfy his claims. In such cases, the consumer has the right to apply for protection in court.

When applying to the authority, it is necessary to be guided by the provisions of the CCP. The claim can be filed locally:

• Finding an enterprise.
• Respondent's residence (if he is a PI).
• Stay / residence of the applicant.
• Execution of the contract or the performance of its terms.

In the claim you must specify:

• The name of the court in which the appeal is sent.
• Name, address, telephone numbers of the plaintiff and the defendant.
• Information about the contract (date, place of registration).
• Brief description of the service.
• List of shortcomings.
• Circumstances confirming poor-quality provision of services.
• Requirements.

If necessary, in order to confirm their arguments, the applicant can apply to the expert organization for conducting the research. The expert's conclusion can be attached to the claim.