Poor quality of services: where to file a complaint and get your money back?

In the modern world, citizens turn to clinics not only for medical care in order to preserve and restore health, but also for medical services aimed at achieving additional aesthetic, recreational and other goals. When receiving medical services comes to the fore, patients simultaneously become consumers of such services and place additional demands on health workers - in addition to the commandment “do no harm,” they demand “the provision of medical services of appropriate quality.” The concept of quality entered medicine from contract law and consumer protection law.

Concepts of quality and lack of medical services

Thus, Article 721 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation), applied to contracts for the provision of medical services, indicates that the quality of the services provided must comply with the terms of the contract, and in the absence or incompleteness of the terms of the contract, the requirements usually imposed on services of the corresponding type. If the law, other legal acts or the procedure established by them provide for mandatory requirements for the service provided under the contract, the contractor, acting as an entrepreneur, is obliged to provide the service in compliance with these mandatory requirements. In addition, the contractor may undertake, under the contract, the obligation to provide a service that meets quality requirements that are higher than those established and binding on the parties.

The rights of consumers to purchase services of adequate quality and safe for life and health are established by the Law of the Russian Federation of 02/07/1992 No. 2300-1 “On the Protection of Consumer Rights” (hereinafter referred to as the Law on the Protection of Consumer Rights).

In relation to relationships with patients as consumers of services, Article 4 of the Law on the Protection of Consumer Rights establishes the following requirements for the quality of services. The Contractor is obliged to provide a service whose quality complies with the contract. If there are no conditions in the contract regarding the quality of the service, the contractor is obliged to provide a service that meets the usually required requirements and is suitable for the purposes for which a service of this kind is usually used. If, at the conclusion of the contract, the seller was informed by the consumer about the specific purposes for the provision of the service, the contractor is obliged to provide a service suitable for use in accordance with these purposes. If laws or the procedure established by them provide for mandatory requirements for a service, the contractor is obliged to provide a service that meets these requirements.

In addition to the conditions under which the medical service provided will be considered high-quality, the preamble to the Law on the Protection of Consumer Rights also establishes the concept of “deficiency”.

Thus, a service deficiency is understood as a service inconsistency:

mandatory requirements provided for by law or in the manner established by it;
terms of the contract;
usually presented requirements in the absence or incompleteness of the corresponding terms in the contract;
the purposes for which a service of this kind is typically used;
the purposes of which the contractor was informed by the consumer when concluding the contract.

At the same time, a significant disadvantage of the service is considered to be:

fatal defect;
a deficiency that cannot be corrected without disproportionate expense or time;
a deficiency that is identified repeatedly;
a deficiency that reappears after it has been eliminated;
other similar shortcomings.

The Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 28, 2012 No. 17 “On the consideration by courts of civil cases in disputes regarding the protection of consumer rights” further clarifies that a significant deficiency in the service should be understood as:

fatal defect of a service - a defect that cannot be eliminated by taking measures to eliminate it in order to bring the service into compliance with mandatory requirements, or a defect leading to the impossibility or inadmissibility of using this service for the purposes for which services of this kind are usually used, or for the purposes of which the contractor was informed by the consumer when concluding the contract;
a defect in a service that cannot be eliminated without disproportionate costs - a defect, the cost of eliminating which is close to the cost or exceeds the cost of the service itself or the benefit that could be received by the consumer from its use;
a defect in a service that cannot be eliminated without a disproportionate amount of time - a defect, the elimination of which takes time exceeding the period established by agreement of the parties in writing and limited to forty-five days for eliminating the defect in the product, and if such a period is not determined by agreement of the parties - time , exceeding the minimum period objectively necessary to eliminate this deficiency using the usually used method;
deficiency of a service identified more than once - various deficiencies of the entire service, identified more than once, each of which individually makes the service not comply with mandatory requirements, and leads to the impossibility or inadmissibility of using this service for the purposes for which a service of this kind is usually used, or for the purposes of which the contractor was informed by the consumer when concluding the contract;
a deficiency that reappears after it has been eliminated is a deficiency in a service that reappears after measures have been taken to eliminate it.

Thus, civil legislation and the Law on the Protection of Consumer Rights determine the requirements, compliance with which allows us to consider services to be of high quality, and also determine what is considered a disadvantage and a significant drawback of the service.

The special concept of “quality of medical care” is enshrined in Article 2 of the Federal Law of November 21, 2011 No. 323-FZ “On the Fundamentals of Protecting the Health of Citizens in the Russian Federation” (hereinafter referred to as the Law on the Fundamentals of Health Protection) - this is a set of characteristics reflecting the timeliness of medical care assistance, the correct choice of methods of prevention, diagnosis, treatment and rehabilitation in the provision of medical care, the degree of achievement of the planned result. Despite the fact that medical care is a broader concept, the provision of medical services refers to medical care, and therefore must meet the criteria for the quality of medical care: timeliness, correct choice of methods and the degree of achievement of the planned result.

The Law on the Fundamentals of Health Protection is precisely the law that provides for mandatory requirements for medical services provided under a contract, and the contractor is obliged to provide a service that meets these requirements. Thus, according to parts 3 and 4 of Article 84 of the Law on the Fundamentals of Health Protection, when providing paid medical services, the procedures for providing medical care must be observed; Paid medical services can be provided in full to the standard of medical care or at the request of the patient in the form of individual consultations or medical interventions, including in a volume exceeding the scope of the standard of medical care.

Thus, if the general conditions for the quality of services are determined by civil legislation and the Law on the Protection of Consumer Rights, then special conditions for the quality of medical services are determined in accordance with the legislation on the fundamentals of health protection.

What is a service delivery gap?

Lack of service is a legal concept.

The definition of a lack of service is contained in the preamble of the Law of the Russian Federation “On the Protection of Consumer Rights”. A deficiency is always a service’s inconsistency with something.

Terminate ANY service contract

The disadvantage is:

Non-compliance of the service with mandatory requirements provided for by law or in the manner prescribed by law.
Non-compliance with the terms of the contract (if they are absent or the conditions are incomplete - non-compliance with the usually presented requirements)
Inconsistency with the purposes for which a service of this kind is typically used
Inconsistency with the goals of which the contractor was informed by the consumer when concluding the service agreement

We see that the law understands a defect not only as some technical inconsistency, but also as a discrepancy with the terms of the contract you entered into and the goals you pursued when concluding a contract for the provision of services or the purposes for which such a contract is usually concluded.

That's why we recommend

When concluding a contract for the provision of services, specify in the terms of the contract as many characteristics of the service provided and the result that you want to receive from such services.

It often happens that in words

Requirements that a patient may make in connection with poor quality medical services

So, the patient received a medical service, and as a consumer he was dissatisfied with its quality. What demands does he have the right to make to a medical organization in connection with poor quality services?

The rights of the consumer when deficiencies are discovered in the service provided are enshrined in Article 29 of the Law on the Protection of Consumer Rights. Thus, when discovering deficiencies in the service provided, the consumer has the right, at his own discretion, to demand:

free elimination of deficiencies in the services provided;
a corresponding reduction in the price of the service provided;
free re-provision of services;
reimbursement of expenses incurred by him to eliminate deficiencies in the service provided on his own or by third parties.

In relation to medical services, this means that the patient has the right to demand:

re-provide medical services free of charge in full with adequate quality;
perform free of charge certain stages of the medical service at which shortcomings were made;
reduce the price of medical services provided without correcting deficiencies;
reimburse the costs of eliminating deficiencies in the medical service provided on their own or by third parties.

Poor quality service in a beauty salon: how to get your money back?

Broken haircut or damaged hair

Is your hairstyle no longer fixable? Refuse to pay (Article 29 of the Consumer Protection Law). The same applies to hair damaged by dyeing, heat treatment or other influence. The hairdresser is obliged to tell you in advance about the procedure as completely and reliably as possible, and inform you about the consequences that are possible specifically for your hair type. If your hair or haircut is damaged as a result, you have the right not to pay the bill and seek compensation for moral damages.

According to Art. 29 of the Law on the Protection of Consumer Rights, having discovered deficiencies in the work performed (service provided), you can demand that the defects be eliminated free of charge, or a corresponding reduction in the price of the work performed (service provided).

What to do first? Write a statement addressed to the director of the hairdressing salon, stating that the service was provided poorly and the shortcomings cannot be corrected. Therefore, you refuse to pay for services.

How to get a refund for a fitness club membership?

Imposing additional services

During the process, the hairdresser can apply various masks to your hair to “treat” it. Or do styling after coloring/cutting. A conscientious specialist warns in advance what additional procedures will be required and announces their cost. Unfair - carries out all the manipulations without informing you, and then includes it in the bill.

Remember, the contractor has no right to provide additional services to the customer without his consent!

Clause 3 of Art. 33 of the Law on the Protection of Consumer Rights states that if there is a need to perform additional work (provide additional services) and for this reason the approximate estimate is significantly exceeded, the contractor is obliged to promptly warn the consumer about this. If the consumer does not agree to exceed the approximate estimate, he has the right to refuse to fulfill the contract. In this case, the contractor may require the consumer to pay the price for the work performed (service provided).

What to do first? Request an invoice listing all services provided to you and the cost of each. If there was no prior information about any service and its cost, do not pay for it! Write a statement addressed to the director of the beauty salon, with the reason for refusing to pay for certain items on the invoice.

Ineffective procedures

It happens that a procedure in a beauty salon does not bring the desired effect. Did a cosmetologist or hairdresser warn you that there may be no effect? In this case, there is no point in making claims. But if you were convinced of a guaranteed result, but you didn’t see any effect? You have the right to demand your money back!

According to paragraph 2 of Art. 12 of the Law on the Protection of Consumer Rights, the seller (performer), who did not provide the buyer with complete and reliable information about the product (work, service), is responsible for defects in the product (work, service) that arose after its transfer to the consumer due to the lack of such information. In addition, such actions of beauty salon workers can be qualified as an administrative offense in accordance with paragraph 2 of Art. 14.7 of the Code of Administrative Offenses (consumer deception), for which Rospotrebnadzor can fine an organization up to five hundred thousand rubles.

What to do first? Write a statement addressed to the director of the beauty salon, indicating that you were misled into believing that the procedure was effective. Meanwhile, the service was provided poorly and did not bring you the guaranteed effect. Demand your money back.

Nails damaged in a salon: who is to blame?

If salon representatives refuse to return the money, your actions should be as follows:

Request to eliminate deficiencies or re-provide the service

If the patient requires elimination of deficiencies, then the medical organization needs to pay attention to the deadlines:

Firstly, it is recommended to eliminate the deficiencies within the period initially determined by the parties for the provision of medical services, since going beyond this period entails liability in the form of a penalty.
Secondly, the service’s shortcomings must be eliminated by the contractor within a reasonable time period specified by the consumer in the contract or in another document signed by the parties or in an application sent by the consumer to the medical organization (Article 30 of the Law on the Protection of Consumer Rights).
Thirdly, for violation of the deadlines for eliminating deficiencies in the service provided, the medical organization pays the consumer a penalty for each day of delay.
Fourthly, if the shortcomings of the service provided are not eliminated within the period established by the contract with the consumer, the consumer has the right to refuse to fulfill the contract for the provision of services and demand full compensation for losses.

The consumer's demands for repeated provision of the service are subject to satisfaction within the period established for the urgent provision of the service, and if this period is not established, within the period provided for in the contract for the provision of the service, which was improperly executed (Clause 2 of Article 31 of the Law on Protection consumer rights). For violation of deadlines, the contractor pays a penalty (penalty) to the consumer for each day of delay.

Thus, if a medical organization decides to offer a patient correction of deficiencies or re-performing a service, it must be careful to comply with the deadlines for correcting deficiencies in order to minimize costs. Timely elimination of minor deficiencies will allow you to quickly resolve a conflict situation with minimal financial and reputational losses.

Poor quality service: what to do?

Each of us uses all kinds of services every day - banking, medical, household, etc., and this is precisely the area where controversial situations regularly arise between the consumer and the provider.

The two main complaints that a consumer may have against a contractor are violation of deadlines (non-fulfillment) and poor quality of service. In both cases, the contractor bears responsibility to the customer, which is regulated by the Law “On the Protection of Consumer Rights”.

There are no clear criteria by which the quality of a service can be assessed: here you need to be guided by common sense and generally accepted standards.

In general, a service is considered to be of poor quality if the performer has not achieved the goals set for him by the customer; if the service is provided unprofessionally, in violation of technology, using unsuitable materials, tools, etc., or if, as a result of the provision of the service, harm to the health or property of the customer is caused through the fault of the performer.

In case of non-fulfillment or poor-quality performance of the service, you have the right to:

- require the contractor to eliminate defects free of charge, reduce the price of the service, or perform it again;

- turn to other persons or do the work yourself, and assign the costs to the original contractor;

- completely refuse to fulfill the contract and demand full compensation for losses.

How to protect your rights? First of all, you need to draw up a statement with a detailed description of the complaint about the quality of the service, attach an agreement and other related documents to it and send it to the service provider.

If the executor does not respond or refuses, your next step is to send an application with documents attached to the court. Samples of claims and statements of claim can be found on the website of the State Committee of the Republic of Belarus for Trade: https://trade.bashkortostan.ru/activity/1855/ and https://trade.bashkortostan.ru/activity/16549/ or contact public organizations on consumer rights protection: https://trade.bashkortostan.ru/activity/20732/.

Please note: if the contract does not specify a warranty period during which you can make claims to the contractor, this can be done within two years after the service is provided.

The newspaper “RB” together with the State Committee of the Republic of Belarus for Trade continues the quiz “Consumer, know your rights!”

1. Which chapter of the Law “On Protection of Consumer Rights” regulates the rights of consumers when performing work (providing services)? 2. What rights does the consumer have if he is provided with a service (work) with defects? 3. Name the rights of the consumer when the contractor violates the deadlines for completing work (rendering services). 4. Can a consumer demand payment of a penalty if the deadlines for completing work (rendering services) are violated? 5. Within what period must the contractor return the money for poor-quality service (work)?

Replies are accepted by calling the hotline of the State Committee of the Republic of Belarus for Trade on weekdays from 9.00 to 18.00 (lunch from 13.00 to 14.00) within three working days from the date of publication of the newspaper. The winners are the first three people to call and answer all questions correctly. They will receive a prize from the “Product of Bashkortostan” project in December of this year.

Answers to questions from quiz No. 1 of March 19, 2020:

1. Law of the Russian Federation of February 7, 1992 No. 2300-1 “On the protection of consumer rights.” 2. March 15 annually. 3. "Rational consumer." 4. International Federation of Consumer Organizations. 5. In 1992.

Winners of quiz No. 1: Samigullina D. Kh., Mukhametkildin F. M., Zakarina Z. Sh.

Demand to compensate for the costs of eliminating deficiencies

At the same time, the peculiarity of medical services is that the “doctor-patient” relationship should be based on trust. If a patient loses trust in the doctor, and subsequently in the medical organization, the value of the services provided by this specialist for the patient is significantly reduced. All this leads to the fact that, having received a low-quality service, the patient does not want to receive it again from the same specialist or in the same clinic, and, if given the opportunity to choose, turns to new specialists. For a medical organization that has provided services of inadequate quality, this threatens that the patient will demand reimbursement for expenses incurred in the new clinic to eliminate the deficiencies in the medical services provided, which can be much more expensive than correcting the deficiencies on their own, since the patient here is not limited in any way in his choice new artist.

Thus, patients, having received low-quality medical services, tend to demand compensation for the costs of eliminating the deficiencies of the medical services provided in another clinic. In this situation, the medical organization is interested in eliminating the shortcomings on its own. However, patients often confront the clinic with the fact that shortcomings in another organization have been eliminated. Prevention can play a certain role in reducing risks in this situation - collecting feedback from the quality control service after the provision of medical services. However, the choice remains with the consumer.

Consumer demands for reimbursement of expenses for eliminating deficiencies in the service provided on their own or by third parties are subject to satisfaction within ten days from the date of presentation of the corresponding demand (Clause 1, Article 31 of the Law on the Protection of Consumer Rights). For violation of deadlines, the contractor pays a penalty (penalty) to the consumer for each day of delay.

Request to return the amount paid or reduce the cost of the service provided

In some cases, the patient does not need to eliminate the shortcomings of the service provided; he wants to return the money. The medical organization should keep in mind that the patient has the right to demand the entire amount paid for the service upon cancellation of the contract. This is possible in the following cases:

if, within the period established by the contract with the consumer, the shortcomings of the service provided are not eliminated by the contractor;
if the consumer discovers significant deficiencies in the service provided or other significant deviations from the terms of the contract (Clause 1, Article 29 of the Law on the Protection of Consumer Rights).

If the patient did not apply for elimination of the deficiency in the service provided and the deficiency is not significant, then the patient has the right to demand only a corresponding reduction in the price of the service provided.

The price of the service provided, returned to the consumer upon refusal to fulfill the contract, and also taken into account when reducing the price of the service provided, is determined in accordance with the following rules:

in the event that a consumer submits a demand for a proportionate reduction in the purchase price of a service, the price of the service at the time the consumer submits a request for a discount is taken into account;
upon cancellation of the contract, the consumer has the right to demand compensation for the difference between the price of the service established by the contract and the price of the corresponding service at the time of voluntary satisfaction of the consumer’s request;
upon cancellation of the agreement for payment of which the consumer was issued a loan, the consumer will be returned the amount of money paid for the service in the amount of the loan repaid on the day of repayment, and also the fee for providing the loan will be reimbursed (clauses 3, 4 and 5 of Article 24 of the Law on the Protection of Consumer Rights) .

Consumer demands to reduce the price for a service provided or to return the amount of money paid for a service must be satisfied within ten days from the date of presentation of the corresponding demand (Clause 1, Article 31 of the Law on the Protection of Consumer Rights). For violation of deadlines, the contractor pays a penalty (penalty) to the consumer for each day of delay.

What rights does the consumer have when discovering deficiencies in the service performed?

If you find shortcomings in the work or service performed for you, then under the law on “Protection of Consumer Rights” you have the right to demand from the contractor:

Free elimination of deficiencies in the work performed or service provided;
Reducing the price of work performed or service provided by the amount of cost that will have to be used to eliminate the deficiency;
If an item of inadequate quality has been made for you, then you have the right to demand that the manufacturer produce another item from exactly the same material and the same quality, or to demand that the work be repeated. In such a situation, the consumer is required by law to return the defective item previously transferred by the manufacturer;
Demand that the contractor reimburse the costs incurred by the consumer to eliminate deficiencies in the work performed or services provided, which you eliminated on your own or with the help of third parties;
If the contractor provided poor-quality services and you set a new time for the performance of the service in the contract and at this time the deficiencies were not eliminated, then you have every right to refuse to fulfill the contract for the performance of work or services;
You have the right to refuse to perform a service agreement if you discover significant deficiencies in the work performed or service provided, or if you discover significant deviations from the terms of the agreement.

These are the rights you have, as you can see there are many options and it’s up to you to decide which one to use depending on the situation.

We are interested in the last two points, because we want to return the money and we will talk about this in the next part of the article!

Claim for damages

Based on clause 1 of Article 29 of the Law on the Protection of Consumer Rights, the consumer also has the right to demand full compensation for losses caused to him in connection with deficiencies in the service provided.

According to clause 2 of Article 15 of the Civil Code of the Russian Federation, losses are understood as expenses that a person whose right has been violated has made or will have to make to restore the violated right, loss or damage to his property (real damage), as well as lost income that this person would have received under normal conditions of civil circulation if his right had not been violated (lost profit).

The claim for compensation for losses caused by poor-quality medical services is closely related to compensation for harm to health caused by a medical organization; they are discussed in detail in the article “Patient claims related to harm to health and methods of defense against such claims.”

Unless otherwise established by law, losses caused to the consumer are subject to compensation in full in excess of the penalty (penalty) established by law or agreement (Clause 2 of Article 13 of the Law on the Protection of Consumer Rights)

Consumer claims for compensation for losses caused in connection with refusal to fulfill the contract must be satisfied within ten days from the date of presentation of the corresponding demand (Clause 1, Article 31 of the Law on the Protection of Consumer Rights). For violation of deadlines, the contractor pays a penalty (penalty) to the consumer for each day of delay.

Claim for compensation for moral damage

Based on Article 15 of the Law on the Protection of Consumer Rights, moral damage caused to a consumer as a result of a violation of consumer rights by a performer is subject to compensation by the causer of harm if he is at fault.

Moral harm, in particular, may consist of moral feelings in connection with the loss of relatives, the inability to continue an active social life, loss of a job, disclosure of family or medical secrets, dissemination of untrue information discrediting the honor, dignity or business reputation of a citizen, temporary restrictions or deprivation of any rights, physical pain associated with injury, other damage to health, or due to illness suffered as a result of moral suffering. The corresponding explanations are given in the resolution of the Plenum of the Supreme Court of the Russian Federation dated December 20, 1994 No. 10 “On some issues of application of legislation on compensation for moral damage.”

When the court decides the issue of compensation for moral damage to the consumer, a sufficient condition for satisfying the claim is the established fact of violation of consumer rights (clause 45 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 28, 2012 No. 17 “On the consideration by courts of civil cases in disputes regarding the protection of consumer rights”) .

The amount of compensation for moral damage is determined by the court and does not depend on the amount of compensation for property damage. Compensation for moral damage is carried out regardless of compensation for property damage and losses incurred by the consumer. Based on Article 151 of the Civil Code of the Russian Federation, when determining the amount of compensation for moral damage, the court takes into account the degree of guilt of the offender and other circumstances worthy of attention. The court must also take into account the degree of physical and moral suffering associated with the individual characteristics of the citizen who suffered harm.

Despite the fact that the law defines the judicial procedure for compensation for moral damage, nevertheless, patients actively present this requirement in pre-trial claims.

Where to go if the service is provided poorly?

First of all – to the performer. It is important to determine the contractor, since the correct direction of claims depends on this. The executor can be:

Directly the person who provided the poor quality service. This is an individual entrepreneur who works independently and personally serves visitors.
The employer of the employee who provided you with the service. Despite the fact that in fact you were served by a specific person, the employer must be responsible for the actions of the employee. The employer is the organization or individual entrepreneur who hired the employee.

It is recommended to communicate with the contractor in writing and not agree to oral negotiations.

To return money for improperly provided services, you must send a written claim to the contractor. The preparation of this document follows the following scheme:

Consumer data (full name, place of residence, telephone);
Performer details;
The essence of the events:
— When and where did you apply for the service;
— What type of service did you order;
- What did you get as a result?
— A detailed description of the shortcomings of the service, reasons why the service is of poor quality.
Requirements.

You need to complete the claim with a date and signature, then hand over one copy of the claim to the executor, and take the second with his acceptance note in case of litigation - this will help prove the appeal to the executor.

If the contractor ignores the appeal, refuses to accept claims, or insists that the service provided is of excellent quality, the appeal should be sent to the regulatory authorities - for medical organizations these are the health departments of the constituent entities of the Russian Federation, for educational institutions - committees for control and supervision in the field of education of the constituent entities of the Russian Federation and etc. The complaint can also be sent to Rospotrebnadzor.

However, the final authority in a dispute with the executor remains the court. A victim of poor quality of service can file a claim for violation of his rights and poor quality of services to the court at his location or the location of the performer; he does not pay a fee. All available documents are attached to the claim and evidence is provided to support their words; documents are submitted in a quantity sufficient to be sent to all parties to the case.

Penalty

For violation of the deadlines for eliminating deficiencies in the service provided, the contractor pays the consumer a penalty (penalty) for each day of delay.

Penalty amount:

3% of the price of the service for each day (hour, if the period is defined in hours) of delay;
3% of the total order price, if the price for the provision of services is not determined by the service agreement;
another higher amount of the penalty (fine), if it is determined by the contract for the provision of services between the consumer and the contractor (Part 5 of Article 28 of the Law on the Protection of Consumer Rights).

In this case, the amount of the penalty (penalty) collected by the consumer cannot exceed the price of a separate type of service provision or the total price of the order, if the price of a separate type of service provision is not determined by the service agreement.

The amount of the penalty (penalty) is determined based on the price of the service/order that existed in the place in which the consumer’s demand should have been satisfied by the contractor on the day of voluntary satisfaction of such a demand or on the day of the court decision, if the consumer’s demand was not voluntarily satisfied.

The consumer's demands for payment of a penalty (fine) provided for by law or contract are subject to satisfaction by the contractor on a voluntary basis (Clause 5 of Article 13 of the Law on the Protection of Consumer Rights).

Payment of a penalty (penalty) and compensation for losses do not relieve the contractor from fulfilling his obligations in kind to the consumer (Clause 3 of Article 13 of the Law on the Protection of Consumer Rights).

Where to complain about poor quality services

At the very beginning, when they try to resolve the conflict without the participation of the court and third parties, all grievances are presented to the contractor. If the contractor refuses to comply with the requirements, then you can contact the Consumer Rights Protection Department for help, and then the court.

For poor quality services, the consumer can file a complaint:

at the very beginning, if the contractor violated the deadline for starting the work;
while performing work, the consumer sees that the service is performed poorly;
during the warranty period;
when accepting a job;
in a 2-year period when the warranty is valid for less than 2 years.

For information on how to write an online complaint to MTS about poor quality services, read the article:

How to correctly write a complaint about poor quality services

How quickly the complaint will be resolved depends on the correct filing of the complaint. If shortcomings were identified immediately after the work was performed, it is recommended to refuse to sign the contract for accepting the work and postpone it to the next day.

The claim must include the following information:

Full name of the performer or name of the organization;
Full name of the customer and his contact information;
date of the application;
number and date of the agreement;
reasons for dissatisfaction;
customer requirements;
date and signature.

One copy of the claim remains with the consumer, the other is given to the contractor.

Claim for poor quality services - sample

A complaint is made if the consumer's needs are not met. The sample below will help you write your claim correctly: a claim for poor quality services.

Fine

If the court satisfies the consumer's demands established by law, the court will impose a fine on the contractor for failure to voluntarily satisfy the consumer's demands in the amount of fifty percent of the amount awarded by the court in favor of the consumer (Clause 6 of Article 13 of the Law on the Protection of Consumer Rights).

It is the “consumer fine” that requires a medical organization to carefully consider patients’ claims regarding the quality of medical services provided, since moving a dispute to court in compliance with the claims procedure significantly increases the amount paid to the consumer if the court satisfies his demands.

If, after accepting the claim for court proceedings, the consumer’s demands are satisfied by the executor voluntarily, then if the plaintiff refuses the claim, the court will terminate the proceedings in the case, and in this case, a fine will not be collected from the executor (clause 47 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated June 28, 2012 No. 17 “On the consideration by courts of civil cases in disputes regarding the protection of consumer rights”).

In our last article, consumer protection legislation has many mechanisms that allow patients to put forward various demands in connection with poor-quality medical services provided to them. Unfortunately, in a large number of cases, the entire “poor quality” of a medical service exists only in the patient’s imagination. However, these claims can create significant problems for a healthcare organization. More details about basic legal approaches aimed at protecting against such unfounded claims and consumer extremism are described in our article “Protection against patient claims related to deficiencies (poor quality of provision) of medical services.”