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Decision in civil matters
Case No. 2-10 / 2016 DECISION
IN THE NAME OF THE RUSSIAN FEDERATION
Magistrate court plot № 1 g. Ozerska Chelyabinsk region Sukhinina C.The.
when Secretary Remezova OS
examined in open court the civil case on the claim of Nabrodov to the Ural Branch of Euroset-Retail limited liability company on the protection of consumer rights
INSTALLED:
Nabrodov A.A. appealed to the court with this statement of claim to the Ural Branch of Euroset-Retail limited liability company (hereinafter Euroset-Retail LLC), referring to the fact that on September 27, 2015 it was in the store of Euroset-Retail LLC, located in Ozersk, Chelyabinsk Region, Karl Marx Ave. 11 “a”, acquired smartphone LENOVO Z90 VIBE SHOT LTE GRAY, s / n on credit, worth 33 179 rubles. The purchased smartphone has a 1 year warranty. Immediately after buying a smartphone, when he arrived home, he found on the display “broken” pixels of about 16 pieces, of different diameters. The next day, September 28, 2015, he came to the Eroset-Retail LLC store with a claim, which he received with his phone, giving him a receipt that the goods under warranty were sent for quality control. On October 22, 2015, the product returned to the outlet after a quality check with the Act of technical condition for work performed, which indicates in the column “Work performed” that the presence of three defective subpixels on the display of the device, according to the manufacturer’s policy, is not considered a warranty defect.
Based on the amended claims, the court asks to terminate the purchase and sale agreement of September 27, 2015 on a LENOVO smartphone purchased on credit under a loan agreement of September 27, 2015, concluded between A. Nabrodov. and Euroset-Retail LLC. Terminate the loan agreement of September 27, 2015, concluded between Nabrodov A.A. and LLC CB Renaissance Credit.
Recover from the defendant LLC Euroset-Retail money paid for the goods in the amount of 33 179 rubles, the costs of the examination - 8000 rubles, interest paid on the loan in the amount of 6 018.12 rubles, the bank's commission for making payments on the loan - 250 rubles, a penalty in the amount of 3,641 rubles, a fine, as well as compensation for non-pecuniary damage in the amount of 2300 rubles, the cost of transporting goods.
At the hearing the plaintiff Nabrodov A.A. He insisted on the claims. He explained that to date, he has made six payments on the loan, according to the payment schedule, in the amount of 3,569.48 rubles for a LENOVO smartphone, the cost of which was 33179 rubles for him, instead of the declared price on the price tag of 29990 rubles, since the seller who issued the loan the contract did not delete the service “Smartphone Package VIP +”. He also paid 8,000 rubles for the examination. He asked the court to recover 33179 rubles in his favor with Euroset-Retail LLC, which KB Renaissance Credit transferred to him, interest paid to him under a loan agreement in the amount of 6018.12 rubles, a bank commission in the amount of 250 rubles, a penalty with October 9, 2015 in the amount of 1% of the amount of 33179 rubles in the amount of 3641 rubles, moral damages 2300 rubles and 2500 rubles - the cost of a taxi to the city of Chelyabinsk for phone delivery for examination. And also to terminate the purchase and sale agreement of September 27, 2015 on a LENOVO smartphone purchased on credit under a loan agreement of September 27, 2015, concluded between A. Nabrodov and Euroset-Retail LLC. Terminate the loan agreement of September 27, 2015, concluded between Nabrodov A.A. and LLC CB Renaissance Credit.
At the hearing, the representative of the defendant LLC Euroset-Retail did not appear, before the case was reviewed, he received a response saying that he did not agree with the claims, since the defendant had his obligations under the sales contract cell phone performed properly. In the course of further operation of the telephone, the plaintiff discovered deficiencies in the operation of the device. The stated requirement to conduct a quality check of a cell phone by the defendant was fulfilled, within the time period established by law, the defect was not discovered. The presence of three defective pixels is not a disadvantage. In the case of a technically complex product, in case of defects in it, the consumer has the right to refuse to fulfill the contract of sale and demand the amount paid for the product, or submit a demand for its replacement with a product of the same brand within fifteen days from the date of transfer of such goods to the consumer. The statement of claim is not subject to satisfaction, since paragraph 1 of Art. The Law "On Protection of Consumer Rights" does not provide for a claim declared by the plaintiff as one of the types of protection of consumer rights. The specified norm of the law provides for the consumer's right to refuse to fulfill the contract of sale and demand the return of the amount paid for the goods (ld 42).
The court, as a co-defendant, involved in participation in the case LLC CB Renaissance Credit. At the hearing, the representative of CB Renaissance Credit LLC did not appear, he was duly notified of the place and time of the consideration of the case, prior to the consideration of the case he sent objections to the statement of claim, in which he asked A.A. Nabrodova to satisfy the claims refuse LLC CB Renaissance Credit, since the loan agreement of September 27, 2015 was concluded in the form of an acceptance by A. Nabrodov and offers of the Bank. The plaintiff sent a loan application and an offer to conclude a bank account agreement to the Bank, asked for a loan to purchase goods from the trading company LLC Euroset-Retail and its partners. On September 27, 2015, the Claimant made an acceptance of the Bank's offer by signing a loan agreement, expressing agreement with its terms. According to the loan agreement, the integral terms of the agreement are the General conditions for granting loans and issuing bank cards to individuals LLC CB Renaissance Credit. By signing a loan agreement Nabrodov A.A. voluntarily expressed his consent to the terms of the loan agreement. Based on the loan agreement received by the Bank, the application for a loan signed by the Claimant on September 27, 2015, on September 28, 2015, the Bank opened the Claimant's account, credited the loan amount to the amount of 33179 rubles, transferred funds to pay for the goods. According to the payment order dated September 29, 2015, funds in the amount of 33,179 rubles were transferred to the account of the organization Uralsky Branch Euroset-Retail LLC, the details are indicated in paragraph 11 of the loan agreement. There is no dispute between the seller and the Claimant about the receipt of funds in payment for the goods. The Bank fulfilled its obligations to the Claimant in full and in due manner. The plaintiff used the loan amount provided to him at his discretion. There were no complaints about the quality of the services provided by the Bank, termination of the loan agreement. The Bank’s fault in the termination of the contract of sale, the quality of the goods, is absent. The Bank is not a party to the contract of sale. The Bank fulfilled its obligations under the loan agreement appropriately (ld 52-55).
After hearing the plaintiff, examining the case file, the court partially satisfies the lawsuit.
1. A person whose right has been violated may demand full compensation for losses caused to him, if a smaller amount is not provided for by the law or the contract.
2. Losses are understood as expenses that a person whose right has been violated, has made or should have to pay to restore the violated right, loss or damage to his property (real damage), as well as lost profits that this person would have received normal conditions civil circulation, if his right had not been violated (loss of profit).
If the person who violated the right received as a result of this income, the person whose right is violated has the right to demand compensation, along with other losses of lost profits, in an amount not less than such income.
I DECIDED:
Nabrodov’s claim to the Ural branch of Euroset-Retail limited liability company for the protection of consumer rights was partially satisfied.
Terminate the contract of sale of the smartphone LENOVO Z90 VIBE SHOT LTE GRAY, dated September 27, 2015, concluded between the Uralsky Branch of Euroset-Retail Limited Liability Company and Nabrodov.
Terminate the loan agreement dated September 27, 2015, concluded between Renaissance Credit Limited Liability Company and Nabrodov.
To oblige Nabrodov to return the LENOVO Z90 VIBE SHOT LTE GRAY smartphone, s / n, to the Ural Branch of the Euroset-Retail limited liability company
Recover from the Ural Branch of Euroset-Retail limited liability company in favor of Nabrodov, monetary funds paid for the goods in the amount of 21,416.88 rubles, a fine in the amount of 3,641 rubles, legal expenses in the amount of 8,000 rubles, in respect of non-pecuniary damage - 2000 rubles, a bank commission - 250 rubles, a penalty for non-compliance with voluntary satisfaction of consumer requirements 13,528.94 rubles, and a total of 48,836 (forty eight thousand eight hundred thirty six) rubles 82 kopecks.
Collect from the Ural Branch of Euroset-Retail limited liability company in favor of Renaissance Credit limited liability company cash in the amount of 21416 (twenty one thousand four hundred and sixteen) 85 kopecks.
Collect from the Ural branch Euroset-Retail limited liability company a state duty of 1894.24 rubles in the local budget income.
The rest of the claim refuse.
The decision can be appealed to the appeal on a monthly basis in the Ozerskij city court through the magistrate court plot № 1 g. Ozersk Chelyabinsk region. Justice of the peace S.V. Sukhinina
Court:
The trial plot No1 g. Ozersk (Chelyabinsk region)Judges of the case:
Sukhinina Svetlana Valerievna (judge)Litigation by:
Lost profitJudicial practice on the application of the norms of Art. 15, 393 of the Civil Code of the Russian Federation
Indemnification
Judicial practice on the application of the norms of Art. 15 of the Civil Code
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Hello Dear members of the group. The Barnaul Euroset has annealed. Then a woman came to me for help a while ago, not already young, a month before her retirement. She described a situation that made me a little shocked. It seemed to me that the big companies had ceased to be engaged in an elementary scam. But I was deeply mistaken. The network of Euroset-Retail LLC was the scale of its cynicism. I will probably go to the main thing. To the story of this woman. As I understood from the story, the woman has a crystal clear credit history, and I was not going to take any loans. It turned out that the woman’s phone broke and she went to the store in the Ogni shopping center. The seller helped me choose the best model. The seller, referring to the percentage of approval of loans more, he proposed to buy a protective glass, which the woman agreed to. The loan was quickly issued. Hastened to signing. In general, the woman missed the point that insurance and the Smartphone VIP Package for a total of 2890 rubles appeared in the list of purchased goods. , the sales receipt and the insurance document were not issued in the store. The question of what kind of package is this, the sellers interrupted to say that this is the percentage of the bank. And without explaining what kind of package it is. And the woman took on hotline the bank called the bank’s hotline. By the way, the woman has no complaints to the bank. And she was told there that it was her purchased goods, and the bank has nothing to do with it. I advised and helped contact the Rospotrebnadzor and the Prosecutor’s Office of the Russian Federation. We made a complaint and the address of the company, and sent an online complaint about the seller to the Prosecutor’s Office of the Russian Federation. The claim, as befits a woman, was brought to the same store as it should be. That's where miracles began to work. The seller and director weren’t in place, and the store refused to accept the claim referring to the job description. Having clarified that the claims are accepted at the legal address in Moscow. And also they nevertheless showed the price of what the ViP smartphone package is. The service package smartphone ViP includes: 1. Sticker film; 2. Device activation; 3. Installing 20 games at the buyer's choice; 4. Mail setup. If there are almost no questions to the first paragraph, except perhaps why the seller didn’t give information that the film sticker in this glass case is a paid service and has not announced the cost. But the activation of the device is what it is. As the sellers explained, this is what the seller inserted he turned on the SIM card, which, in essence, is the seller’s responsibility under the sales contract. Even the officials at Rospotrebnadzor were surprised. But the rest of the services were not even offered. That is, the seller consciously went into concealment of the services, which is seen as signs of a crime under ch1st159 of the Criminal Code of the Russian Federation directly by the seller. So, to send a complaint to the company, we sent a registered letter. And in this moment We are waiting for a response from the company. The prosecutor also accepted the complaint for consideration. So, what am I writing all about. People, you’ll be more careful when signing a loan agreement, acquiring this or that product, so you don’t have to be surprised later. Approach loans more carefully. Study the legislation. True, of course, then you can, but it’s long and short-lived work. But if you find yourself in a similar situation, you do not need to let go of the brakes and contact the regulatory authorities and stop criminal activity. Learn to defend your rights. At the moment, I am also preparing a complaint to the prosecutor’s office that, on the part of Euroset-Retail LLC, in violation of the laws of the Russian Federation, it is not possible to directly contact the company, that is, it is absent, the opportunity to contact the company, there is no local representation. So I was interested in situations like this with you, and what decisions you made. With Goodness and Respect, yours is a resident of Barnaul!