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Hello, multiple participants of the group. Barnaul Euroset rezhezha. Here, we asked for help to me for help, one woman turned, no longer a young one, a month before a pension. Specified the situation from which I was slightly in shock. It seemed to me that large companies stopped engaged in elementary scam. But I was deeply mistaken. The EUROSET-Retail LLC network is the scale of his cynicism. Permait perhaps the main one. For the very story of this woman. As I understood from the story, the woman possesses crystal clear credit history, and the loans were not going to take away. Yes, it happened that the phone had a woman broke, and she went to the store, in the shopping center "Lights". The Seller helped choosing the optimal model. Recalling the percentage of credit approval more, suggested to acquire a protective glass that the woman agreed. Credit quickly issued .Turized with the signing. In general, the woman missed the moment that in the list of purchased goods there was insurance and a VIP smartphone total value of 2890 rubles. , a commercial check and a document of insurance issued in the store was not. It was the question that this package such sellers on the interruption was to say that this is the percentage of the bank. So I do not explain what kind of package it is. And a woman took on hot line The bank rang the bank's hot line. By the way, there is no complaints to the bank with a woman. And she was answered there that it was acquired by its goods, and the bank was not related. I advised and helped to contact Rospotrebnadzor and the Prosecutor's Office of the Russian Federation. Sostoriu and sent through the Internet receiving complaint on the seller to the Prosecutor's Office of the Russian Federation. Strettenzia, as the woman believes, as it should be brought to the same store. Miracles have become going on. The wonders and director did not turn out on the spot, and in the store a claim refused , referring to the job description. When it seems that the claims are accepted at the legal address in Moscow. And still showed the price list, what is the VIP smartphone package. In the service, the package of the VIP smartphone includes: 1. Film cards; 2. Activation of the device; 3. Installing 20 games to buy a buyer; 4. Setting mail. If there is almost no questions to the first item, except that why the seller did not give information that the film sticker in this case of the glass service is paid and did not declare the cost. And here is the activation of the device that it. As you explained the sellers, this is what the seller put the sellers. SIM card and included that in fact included in the obligation of the seller under the contract of sale. And even the officials in Rospotrebnadzor were surprised. And the other services were not even proposed. It was not that the seller consciously went to conceal the following services, what the signs of the crime provided Ch1st159 of the Criminal Code of the Russian Federation on the part of the seller. So, to send a claim to the company's address, we sent ordered letter. And B. this moment We are waiting for an answer from the company. In the prosecutor's office, the complaint was accepted for consideration. So, what I write all this. Purchase Eh, you will be attentive to sign a loan agreement, acquiring this or that item so that I don't have to be surprised. More competently approach the loans. Increase legislation. Mainfish, of course, then you can, but this Long and corruptable work. But if you have fallen into a similar situation, you do not need to get down on the brakes and contact the controlling authorities and stop criminal activities. There is a succession to defend your rights. At the moment, I also prepare a complaint about the prosecutor's office that on the part of the company "Euroset-Retail" in violation of the laws of the Russian Federation there is no possibility directly contact the company, that is, there is no possibility to contact the company, there is no representation in the field. So I was interested in a similar kind of situation with you, and what decisions you took. With good and respect, yours is a resident of Barnaul!

Decision in civil case

Case number 2-10 / 2016 decision

Name of the Russian Federation

The world judge of the judicial area number 1 of Ozersk Chelyabinsk region Sukhinin S.V.

under Secretary Remezova O.S.

having considered in open court a civil case under the claim of Krodov to branch "Ural" limited liability company "Euroset-Retail" on the protection of consumer rights

Installed:

Lodov A.A. appealed to the court with a present statement to the Ural branch of the Euroset-Retail limited liability company (hereinafter referred to as Euroset Retail LLC), referring to the fact that on September 27, 2015, he is in the store Euroset-Retail LLC, Located in Ozersk Chelyabinsk Region, Karl Marx, 11 "A", acquired smartphone Lenovo. Z90 VIBE SHOT LTE GREY, C / H loan, worth 33,179 rubles. A guarantee of 1 year has been installed on the purchased smartphone. Immediately after buying a smartphone, coming home, he found about 16 pieces, different diameters on the display "broken" pixels. The next day, on September 28, 2015, he came to the store "Yeroset-Retail" LLC with a claim that he accepted with his phone, giving him a receipt that the goods under warranty were aimed at checking quality. On October 22, 2015, the goods returned to a trading point after checking the quality with a technical status act on performed works in which the column "performed work" states that the presence of three defective subpixels on the device's display, according to the manufacturer's policy, is not considered a warranty defect.

Taking into account the refined claims, asks the court, terminate the contract of purchase of the sale of September 27, 2015 on the Lenovo smartphone purchased on credit, on the loan agreement of September 27, 2015, concluded between Rodkovoy A.A. and Euroset Retail LLC. Terminate a loan agreement dated September 27, 2015, concluded between Rodkovoy A.A. and LLC KB Renaissance Credit.

To recover from the defendant Euroset Retail LLC cashpaid for the goods in the amount of 33,179 rubles, expertise costs - 8,000 rubles, paid interest on the loan in the amount of - 6,018.12 rubles, the Bank's fee for the implementation of payments on the loan - 250 rubles, a penalty of 3,641 rubles, a fine , as well as compensation for moral damage in the amount of 2300 rubles, the cost of transporting goods.

At the court hearing the plaintiff like A.A. The claims insisted. Explained that today they are made on a loan six payments, according to the payment schedule, in the amount of 3,569.48 rubles for the Lenovo smartphone, the cost of which it turned out to be 33179 rubles, instead of the stated price on the price tag of 29990 rubles, since the seller issued a credit The contract did not delete the VIP + smartphone package. They also paid for 8,000 rubles for the production of expertise. I asked the court to recover in his favor with Euroset-Retail LLC 33179 rubles, which for him listed LLC KB Renaissance Credit, the interest paid by him under the loan agreement in the amount of 6018.12 rubles, the Bank's commission in the amount of 250 rubles, the penalty with October 9, 2015, in the amount of 1% of the amount of 33179 rubles in the amount of 3641 rubles, compensation for moral damage 2,300 rubles and 2500 rubles - the cost of taxi to Chelyabinsk to deliver the phone to expertise. And also terminate the contract of purchase - sales of September 27, 2015 on the Lenovo smartphone purchased on credit, according to the loan agreement of September 27, 2015, concluded between Rodovna A.A. and Euroset Retail LLC. Terminate a loan agreement dated September 27, 2015, concluded between Rodkovoy A.A. and LLC KB Renaissance Credit.

At the hearing, the representative of the defendant Euroset - Retail LLC did not appear, until the consideration of the case received a review from him, which indicated that they did not agree with the claims, since the defendant his obligations under the sale contract cell phone Executed properly. In the process of further operation of the phone, the plaintiff discovered shortcomings in the operation of the device. The declared requirement to test the quality of the cell phone was performed by the defendant, in the period established by law, the disadvantage was not detected. The presence of three defective pixels is not a disadvantage. With regard to a technically complex product, the consumer in case of detection in it, the deficiencies have the right to refuse the execution of the contract of sale and demand the amount paid for the goods, or to make the requirement to replace it with the goods of the same brand for fifteen days from the date of transfer to the consumer of such goods. The statement of claim is not subject to satisfaction, since paragraph 1 of Art. The law "On the Protection of Consumer Rights" does not provide for the requirement of the claimant declared as one of the types of consumer protection. The specified norm of the law provides for the right of the consumer to abandon the execution of the contract of sale and demand the return of the amount paid for the goods (ld 42).

The court as a compound to participation in the case of LLC KB Renaissance Credit. At the hearing, the representative of the Renaissance Credit LLC did not appear, about the place and time of consideration of the case was not properly notified, until the case was considerable to the case, in which he requested the claims of Rodovka A.A. KB Renaissance Credit LLC refuse, since the loan agreement of September 27, 2015 is concluded in the form of Acceptance of the Academician A.A. And the bank's offer. The plaintiff sent a statement on the issuance of a loan and the offer to conclude a bank account agreement, asked him to provide him with a loan for the purchase of goods from the enterprise Euroset-Rietail LLC and its partners. On September 27, 2015, the plaintiff committed an acceptance of the bank's offer by signing a loan agreement, expressing consent to its terms. According to the loan agreement, the overall conditions for the provision of loans and issuing bank cards to individuals LLC KB Renaissance Credit. Signing the loan agreement of the reclodes A.A. Voluntarily expressed his consent to the terms of the loan agreement. Based on the loan agreement received to the bank, a loan issuance of a loan signed by the plaintiff on September 27, 2015, on September 28, 2015, the bank opened the plaintiff, credited to the amount of a loan in the amount of 33179 ruble, listed funds to pay for goods. According to a payment order dated September 29, 2015, cash in the amount of 33,179 rubles were listed on the organization's account of the Ural Branch of Euroset - Rietale, details are indicated in paragraph 11 of the loan agreement. The dispute between the seller and the plaintiff about the receipt of funds in the payment of the goods is absent. The Bank fulfilled its obligations to the plaintiff in full and properly. The plaintiff took advantage of his loan amount at his discretion. Claims on the quality of the service provided by the Bank, termination of the loan agreement, was not received to the bank. Bank wines in termination of the contract of sale, quality of goods, is missing. Party of the contract of sale of the Bank is not. The Bank fulfilled its obligations under the loan agreement in a proper manner (ld 52-55).

After listening to the plaintiff, examining the materials of the case, the court satisfies the claim partially.

1. The person whose right is broken, may require full compensation for damages caused to him if the law or contract is not provided for damages in a smaller amount.

2. Under losses are understood to be the costs that the person whose right is broken, produced or should produce to restore the violated right, loss or damage to its property (real damage), as well as non-trained income that this face would receive conventional conditions Civil turnover if his right was not broken (missed benefit).

If the person who violated the right, received due to this income, the person whose right is violated, has the right to demand compensation along with other losses of missed benefits in the amount of not less than such income.

I DECIDED:

Krodov's lawsuit for the Ural branch of the Euroset-Retail's limited liability society about the protection of consumer's rights to satisfy partially.

Distribution of the Lenovo Z90 Vibe Shot LTE GRY SHOT LTE GREY, S / N of September 27, 2015, between the branch "Ural" Limited Liability Company "Euroset-Retail" and recluxury.

Distribute a loan agreement dated September 27, 2015, concluded between the limited liability company KB Renaissance Credit and Rodovna.

Obvious to return the branch "Ural" Limited Liability Company "Euroset-Retail" Smartphone Lenovo Z90 Vibe Shot LTE Gray, C / N

To recover from the Euroset-Retail branch of the Uralsky branch in favor of Krodov paid for the goods in the amount of 21,416.88 rubles, a penalty in the amount of 3,641 rubles, court costs in the amount of 8,000 rubles, in the account of moral damage compensation - 2000 rubles, the Bank's commission - 250 rubles, a penalty for non-compliance with the voluntary order to meet the requirements of the consumer 13 528.94 rubles, and only 48,836 (forty-eight thousand eight hundred thirty six) rubles 82 kopecks.

To recover from the branch "Ural" Limited Liability Company "Euroset-Retail" in favor of the limited liability company Renaissance-Credit Cash funds in the amount of 21416 (twenty-one thousand four hundred sixteen) 85 kopecks.

To recover from the Branch "Ural" Limited Liability Company "Euroset-Retail" to the local budget of state duty in the amount of 1894.24 rubles.

In the rest of the claims to refuse.

The decision may be appealed in an appeal order within a month in the Ozersky City Court through the Justice of the Judicial Page No. 1 of Ozersk Chelyabinsk Region. World judgeas. Sukhinina

Court:

Judicial Piece №1 G.Orörsk (Chelyabinsk region)

Judges:

Sukhinina Svetlana Valerevna (judge)

Judicial practice on:

Lost profit

Arbitrage practice Using the norms of Art. 15, 393 of the Civil Code of the Russian Federation

Reimbursement of losses

Judicial practice to apply the norm of Art. 15 of the Civil Code of the Russian Federation

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