When purchasing everyday goods, the buyer often forgets the immutable rule - always take the check for the perfect purchase. After all, the seller’s comment in the case of the return of defective goods is predictable - “no check, no answer.” In fact, the law on consumer protection (ЗОЗПП) directly indicates the impossibility of evading the seller from liability on the basis of the lack of a check. In this case, you can return the money for low-quality goods by establishing in court the fact of their acquisition.
Instruction manual
1
In accordance with paragraph 1 of article 18 of the ЗЗЗЗПП, the buyer, upon detection of defects, has the right to return the defective goods to the seller and demand the full return of the money paid for it. In the absence of a check or other payment document for the goods in your hands, the voluntary fulfillment of such requirements will most likely not happen. Make a claim in the name of the seller to comply with the pre-trial procedure for resolving this issue.
2
In the claim, indicate the full name of the seller, its address and your passport data. In a free form, describe the situation, starting from the moment of purchasing the goods. Describe how and when you discovered a defect in the product and provide a detailed description of the defect itself. Separately explain in the claim your lack of a check for the purchased goods (loss or damage to the document). Please cite the rule of law, namely paragraph 5 of Article 18 of the RF ЗЗПП of the RF, according to which the absence of a check is not a reason for refusing to satisfy your requirements. In the operative part of the claim, indicate your claim for the return of the full value of the defective goods.
3
Send this claim to the seller by registered mail with a notification. From the moment of delivery of the letter within 10 days, your requirements must be satisfied. However, as a rule, in cases where there is no check, the seller is in no hurry to comply with legal requirements and brings the case to court.
4
Make a statement of claim to the magistrate’s court of your area, indicate the seller as the defendant and state the essence of the case and your requirements, similar to those described above. Attach a copy of the claim submitted to the seller to the claim.
5
As a confirmation of the fact of your purchase of the declared low-quality goods from this seller, you will have to provide other evidence in exchange for the missing payment document (check). As evidence, the court accepts, inter alia, the evidence of the witnesses of your purchase.
6
Ask the court to hear witnesses on your part. Two witnesses confirming your purchase of the specified product from the seller is usually enough to establish the fact of the purchase. And the court has the right to make a decision on the return of a sum of money to you in the amount of the full value of the goods.
