An act of complaint is a written document sent by one party to a transaction to the other party with dissatisfaction about the quality of the product or service provided to him. Various payment documents, as well as acts of provision of work or services, can serve as confirmation of the conclusion of an agreement between counterparties.
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At its core, a complaint is a type of letter in the form of a claim. It can be delivered to the guilty party in person or sent by mail. In both cases, it is necessary to obtain written confirmation that the counterparty has received the complaint report.
Contents of the act
In order for a document to be considered correctly drawn up, it must be correctly filled out and contain the required amount of information. If the essence of the document is not clear or there is insufficient information in it, the defendant has the right to leave such a letter without a response on the merits.
When drawing up a document, it is important to indicate the following mandatory information:
- Full legal name of the recipient, his legal address, other details.
- Similar information from the applicant if it is a legal entity. For individuals, it is necessary to indicate their full name, passport and registration data, and telephone number for contact.
- If the application is drawn up by a representative, then information about him, as well as his position if he is a representative of a legal entity, is indicated in the same way.
- Next comes the title of the document.
- Below it is important to indicate the main circumstances of the transaction. The agreements should be indicated here, as well as the procedure for receiving the goods.
- Then you need to indicate when and what quality deviations were identified.
- It is also important to write down your requirements and the legal grounds for setting them. It is imperative to refer to the articles of the law that give the applicant the right to make such demands.
- The following is a list of documents attached to the act in support of the stated facts.
- The conclusion is dated and signed by the applicant.
Copies of all documents confirming the fact of the transaction must be attached to the act. According to the law, it is allowed to refer to the testimony of witnesses in the absence of such documents. Then you must indicate their full name in the complaint.
Adviсe
It is very important to draw up a complaint report correctly. In this case, the consumer will be able to achieve the desired result from the second party to the transaction. When filing a claim, you need to consider the following nuances:
- It is important to clearly state your requirements. If they are not clear, then the seller has the right to independently choose one of the ways to solve the problem, which is not always beneficial for the consumer.
- The text of the complaint must be short and understandable. It is not allowed to present various guesses and deviate from the facts. It is necessary to operate only with reliable evidence that the seller cannot challenge.
- It is necessary to specify in the act what expiration date is provided for this product. And if this information is not provided anywhere by the seller, then, according to the law, it is considered 2 years from the date of purchase.
- The act itself must be written correctly, without errors or corrections, in readable text.
If all the rules of a business letter are followed, the seller will not be given a chance to refuse to satisfy the consumer’s demands.
Delivery procedure
It is very important to have documentary evidence that the other party to the transaction has received this act. To do this, there are 2 main ways to deliver a letter:
- Appear directly in person or through a representative to the participant in the transaction, hand over the letter and ask to put a mark of receipt on the second copy of the act;
- send by mail, in which case it is best to make an inventory and also order a notification.
Even if the defendant refuses to receive such a letter, it will be considered sent to him. Accordingly, in cases where this procedure is mandatory, it will be considered completed.
In cases where the claim procedural deadlines are coming to an end and there is no time to wait for notification, the sender must send a telegram to the recipient’s address stating that the complaint report has been sent to him.
When is a complaint report issued?
When disputes arise between the parties to a contractual relationship, they are resolved by filing a claim with the counterparty. And only if it is impossible to resolve the conflict on your own, the court is involved in resolving it. One form of claim is a complaint. It is presented by the buyer in the form of an act when the seller does not fulfill his obligations to provide a quality product or service at the agreed price.
When a low-quality product or service is provided, the culprit is presented with a written claim (claim report)
Two main purposes for filing a complaint can be formulated:
- Goal 1 – peaceful resolution of a controversial issue. The buyer, whose rights have been violated, tries to negotiate with the counterparty to voluntarily fulfill the requirements of the contract without involving various kinds of intermediaries, for example, regulatory authorities or the court.
- Goal 2 is to provide an evidence base for subsequent proceedings. Even if you are absolutely sure that your attempts to reach an agreement with the seller are unsuccessful, you should present him with a complaint report. He will act as evidence when applying to various authorities to protect his violated rights.
The act of complaint allows the buyer or recipient of services to declare that they were not provided to him in the form in which they should have been provided.
The grounds for a complaint act may be as follows:
- The delivered goods are incomplete.
- Not all purchased products are provided.
- The price has been changed unilaterally and unreasonably.
- The goods were delivered in violation of the agreed terms.
- The work schedule has been disrupted.
- Poor quality service provided.
- According to its characteristics, the product does not comply with the terms of the contract.
- The quality of the product does not meet current standards (TU, GOST, etc.).
Thus, a complaint is filed when the terms of the agreement or established standards are violated.
Any person whose rights have been violated can draw up such a document. It is addressed to the company or individual who has violated the rights of the counterparty. However, most often a complaint is filed by one legal entity to another.
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If the dispute between the buyer and seller cannot be resolved peacefully, you can go to court to protect your rights. Moreover, during the proceedings, a complaint report will be required, the requirements of which were not met. With its help, the injured party confirms that attempts were made to resolve the dispute out of court.
Prerequisites
In case of disputes regarding the quality of goods or services provided, mandatory pre-trial filing of a claim with the party to the transaction may be provided. In its absence, the court may refuse to consider the claim if:
- such a procedure is expressly provided for by the signed agreement between the parties, and one of them stated this;
- This procedure is provided for by law.
In all other cases, the court may consider the statement of claim without a complaint report.
How to write a letter of complaint to a supplier regarding defective products?
Dissatisfaction with the work or services provided by the performers leads customers to the need to write a complaint.
A claim is a document in which the customer sets out all his claims against the supplier in writing. The document may be issued due to inadequate quality of the goods or violation of delivery deadlines. If you are dissatisfied with the quality of the goods received, the quantity of the goods or its configuration does not correspond to the declared quantity on the invoices, or the supplier violated the delivery deadlines for the goods, then you need to file a claim.
In the claim document, indicate the date of violation of the conditions, the full name of the organization that provided its services for the supply of goods. The claim must be accompanied by supporting documents confirming the existence of the terms of the contract, as well as their violation.
These acts can be: an agreement concluded between the parties, an act on the presence of a defective product, invoices for payment for goods and other documents.
When filing a claim, do not forget to indicate the name of the product and its quantity. Describe the defective product in detail and emphasize the impossibility of its sale due to the presence of defects.
Refer to the articles of the Law “On Protection of Consumer Rights” and the Civil Code of the Russian Federation that the supplier violated.
Please indicate in your complaint your requirements for regulation and resolution of disputes. You can request a return or replacement of the product, as well as a refund of your money. When requesting compensation for losses and payment of penalties, the amount must be indicated.
After the claim has been drawn up, the head of the organization and the members of the commission who have attested to the presence of defective products must sign and affix the seal of the enterprise. After this, submit a claim to the supplier.
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Where possible, the complaint should be submitted in person to the supplier's organization. On one of the two copies of the claim, the employee who accepted the claim puts his signature and seal of the recipient organization. This copy of the claim remains with you and indicates that the claim has been delivered to the recipient.
If it is not possible to deliver the claim in person, then send it by registered mail with delivery receipt. If the supplier refuses to accept the letter, an appropriate mark will be placed. It will confirm the fact of refusal in the event of litigation. A notice of refusal to accept a letter can be evidence and argumentation for filing a claim in court.
Submission of an act by citizens
The legislation provides for the possibility of filing such acts not only by legal entities, but also by ordinary citizens. But unlike transactions between legal entities, a written agreement is not always concluded with ordinary citizens, which spells out the procedure for resolving disputes. However, this does not mean that the agreement is not considered concluded.
If a purchase and sale transaction has been completed, the issued check, receipt or other payment document is documentary evidence of the transaction. In this case, the procedure for resolving disputes is provided for by law.
The absence of payment documents is not a basis for refusing to accept a complaint if the consumer has witnesses confirming the conclusion of this transaction.
This right is also provided if the transaction was concluded via the Internet. If a client of an online store paid money and was dissatisfied with the quality of the product, then he has every right to file claims with the seller.
Many stores usually have their own complaint forms that they provide to dissatisfied customers to fill out. But if a citizen independently fills out a claim on a blank sheet of paper in compliance with the basic requirements for this document, the store does not have the right to refuse to accept it.
Complaint to supplier
As a result of financial and economic activities, enterprises purchasing goods (services) from third parties may encounter problems related to the quality and technical condition of the products supplied (services provided). In this situation, the consumer has the right to highlight the problem that has arisen in a document called a complaint to the supplier.
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The contents of the claim letter may include issues related to the inadequate quality of goods and non-compliance with the conditions of their delivery, or other problems. With the help of this document, you can resolve all controversial situations before going to court.
Deadlines
It is important to know that it is not always possible to submit a complaint report. There are different deadlines for different products:
- During the first 15 days, the buyer has the right to terminate the sales contract and receive the money paid back if he discovers a defect or defect in the goods. He can also exchange it for a similar product.
- If this period has passed, then filing a complaint is allowed during the shelf life of the product. It is usually set by the manufacturer or retailer. In its absence, the legislation generally considers the shelf life to be 2 years or during its existence, if this period is shorter.
In the second case, the buyer has the right to demand that the seller fulfill one of the following requirements:
- Free product repair. In this case, the maximum period for this is given to the seller 45 days.
- Compensation for the repairs made in cash to the buyer. A period of 10 days is provided for this.
- Providing an exchange for a high-quality similar product no later than 10 days from the date of receipt of the certificate.
- Providing a discount on a purchased purchase no later than 10 days.
- Full refund if the product cannot be repaired or replaced with a similar one.
In addition, it is important to know that the buyer can return technically complex products if they have broken down and been repaired by the seller several times, and the total repair period for the entire year was more than 30 days.
If the seller violated the law and did not satisfy the buyer’s demands, then it is necessary to contact the prosecutor’s office or Rospotrebnadzor. They will conduct an unscheduled inspection, during which the store will be fined, and the violator will be forced to satisfy the applicant’s demands. You can also file a lawsuit and seek moral damages in addition to your claims.
