Sample application to Rospotrebnadzor for services. Professional protection of consumer rights. How to write a complaint to Rospotrebnadzor: sample drafting

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Sample applications

ATTENTION! Look at the completed sample complaint to Rospotrebnadzor against the store:

You can DOWNLOAD sample applications to Rospotrebnadzor using the links below:

How to write an application correctly

A complaint to Rospotrebnadzor must be drafted correctly.

Remember!

The text of the document contains the following points and information:
in the upper right corner the name of the territorial body of Rospotrebnadzor to which the appeal is sent is indicated in full. The applicant’s details are also indicated here: full name, registered address, contact details;
below in the center of the sheet the name of the document is written - “Complaint”;
the main part of the document contains a description of the situation that happened to the applicant. When writing a complaint, you need to accurately and consistently express the essence. Not only the event is described, but also the exact date when it happened, the address of the company, store. If this is an online store, a link to the site is attached. When describing, the general business style is observed. The chronology of events should not be disturbed;
then there is a reference to the regulations that, in the applicant’s opinion, were violated in his regard;
an appendix is attached to the application;

At the bottom of the form is the date and personal signature of the applicant.

Please note!

In almost every situation related to a violation of rights in the provision of services or the sale of goods to individuals, you can contact Rospotrebnadzor. Many citizens believe that the body’s activities are focused only on maintaining the quality of products.

But this opinion is wrong. You can protect your rights by filing an appeal to Rospotrebnadzor both in the field of tourism and in banking.

What does Rospotrebnadzor do?

Before you start preparing an appeal to Rospotrebnadzor, you need to clarify what functions are included in its activities.
The main ones are:
monitoring compliance with sanitary standards;
monitoring the absence of violations of regulations regarding consumers;
conducting scheduled and unscheduled inspections;
monitoring of the social and hygienic situation;
conducting certification of specialists in industries where this is required;

Government Decree No. 322 regulates the activities of Rospotrebnadzor. You can file a complaint with this organization only if the problem that arises relates to their functional activities.

Powers of a government agency

In order to be able to monitor and ensure compliance with legislative norms in the field of activities under its jurisdiction, Rospotrebnadzor is vested with a number of powers:

check in organizations, institutions and enterprises the availability of labor and health records, diplomas of higher education;
If violations are identified during an inspection, propose options for taking measures to eliminate them;
check the availability and correct filling of logs;
impose a fine on the organization in which violations were recorded;
give certificates a legal assessment;
deprive an organization or company of the opportunity to conduct business activities for up to 90 days;
file a claim in court against unscrupulous entrepreneurs;
check cash register equipment;
initiate proceedings which may result in detention.

Important! Rospotrebnadzor has the authority to impose fines from 5,000 to 200,000 rubles. Any citizen whose consumer rights have been violated can submit an appeal to a government agency. Thus, it initiates the start of the check.

Who can file a complaint

If any organization or company violates the rights and interests of citizens as consumers, they have the right to file a complaint with Rospotrebnadzor. But any appeal must be justified. It will not be enough to simply state your demands without providing evidence.

It is important to take into account that Rospotrebnadzor does not accept complaints from organizations regarding consumer protection issues. They are not subject to the law. It is possible to submit an appeal from legal entities if it is necessary to resolve the issue of compliance with sanitary standards.

Watch the video. When to contact Rospotrebnadzor:

When to submit a document

In order to attract customers, employees of organizations are ready to go to any lengths. Often this is what leads to consumer rights being violated. This can apply to any area. For example, spam mailing to subscribers of mobile operators.

You can send a complaint to an online store or any other point of sale in the following cases:

if expired products were sold to the consumer;
sanitary standards for storage and sale of products are not observed;
the price indicated on the price tag does not correspond to the actual cost of the product;
when selling goods, the citizen was cheated or cheated.

Please note!

You can file a complaint with any organization that works with consumers. Banking organizations are no exception in this matter.

A complaint against a bank is accepted if:
when signing the contract, the client is imposed additional services, including insurance;
bank employees do not provide complete information about the services, but write them down in small print at the bottom of the agreement;
credit cards are imposed on the client without informing him about the fees;

client's personal information is disclosed.

But at the same time, you need to pay attention that you need to send a complaint regarding the disclosure of information to the Federal Bureau of Information Control. Attention!

Our qualified lawyers will assist you free of charge and around the clock on any issues.

What delivery methods are there?

A complaint about a violation of rights can be filed with a government agency in several ways:
contact the reception office of the territorial department in person or through a legal representative;
send by registered mail with notification and inventory, if there are attachments;

on the official website of Rospotrebnadzor via the Internet reception.

You can also file a complaint with Rospotrebnadzor through the State Services portal and on the website of the Federal Service for the Protection of Consumer Rights. Applications are submitted through the “Citizens' Appeals” section. This tab contains a sample of filling out a complaint to Rospotrebnadzor.

The applicant purchased a laptop charger from a store. Arriving home, connecting the charger to the outlet according to the instructions, after 1.5 hours the charger began to spark and melt. The applicant contacted the seller demanding a refund of the money paid for the low-quality goods, but was refused. The applicant requests that the facts stated be verified and those responsible for violating the rights of persons be brought to justice. Provide assistance in restoring violated rights.
To the Federal Service for Supervision
in the field of rights protection
consumers and well-being
person (Rospotrebnadzor)

____________________________
person (Rospotrebnadzor)

Address: _____________________
Arriving home, having connected the charger to the outlet according to the instructions, after 1.5 hours the charger began to spark and melt, and there was a smell of burnt wiring.
On the same day, I contacted the seller demanding a refund of the money paid for the low-quality product.
____________ I received a written refusal.
In accordance with Art. 4 of the Law of the Russian Federation “On the Protection of Consumer Rights”, the seller (performer) is obliged to transfer to the consumer a product (perform work, provide a service), the quality of which corresponds to the contract.
If there are no conditions in the contract regarding the quality of the product (work, service), the seller (performer) is obliged to transfer to the consumer a product (perform work, provide a service) that meets the usually required requirements and is suitable for the purposes for which a product (work, service) of this kind is usually used .
According to Art. 10 of the Law of the Russian Federation “On the Protection of Consumer Rights”, the manufacturer (executor, seller) is obliged to promptly provide the consumer with the necessary and reliable information about goods (works, services), ensuring the possibility of their correct choice.
According to clause 5 of Article 18 of the Law of the Russian Federation "On the Protection of Consumer Rights", the seller (manufacturer), an authorized organization or an authorized individual entrepreneur, an importer are obliged to accept goods of inadequate quality from the consumer and, if necessary, check the quality of the goods. The consumer has the right to participate in checking the quality of the product.
In the event of a dispute about the reasons for the occurrence of defects in the goods, the seller (manufacturer), an authorized organization or an authorized individual entrepreneur, or the importer are obliged to conduct an examination of the goods at their own expense.
The consumer's demands for a proportionate reduction in the purchase price of the product, reimbursement of expenses for correcting defects in the product by the consumer or a third party, return of the amount of money paid for the product, as well as a claim for compensation for losses caused to the consumer as a result of the sale of a product of inadequate quality or the provision of inadequate information about the product are subject to satisfaction by the seller (manufacturer, authorized organization or authorized individual entrepreneur, importer) within ten days from the date of presentation of the relevant demand.
Based on Art. 18 of the Law of the Russian Federation “On the Protection of Consumer Rights”, the buyer has the right, in case of detection of defects in the product, if they were not specified by the seller, at his choice has the right to: demand replacement with a product of the same brand (same model and (or) article); demand replacement with the same product of another brand (model, article) with a corresponding recalculation of the purchase price; demand a proportionate reduction in the purchase price; demand immediate free elimination of defects in the goods or reimbursement of costs for their correction by the consumer or a third party; refuse to fulfill the purchase and sale agreement and demand a refund of the amount paid for the goods.
According to Art. 13 of the Law of the Russian Federation "On the Protection of Consumer Rights" for violation of consumer rights, the manufacturer (performer, seller, authorized organization or authorized individual entrepreneur, importer) bears responsibility as provided by law or contract. Based on the foregoing, we can conclude that the obligation established by the specified rules of law, LLC "___________" has not been fulfilled, I have the right to refuse to fulfill the purchase and sale agreement and demand a return of the funds paid.
In accordance with Art. 40 of the Law of the Russian Federation “On the Protection of Consumer Rights”, Rospotrebnadzor of the Russian Federation is entrusted with the following powers:
carrying out activities related to control - checking compliance by manufacturers (performers, sellers, authorized organizations or authorized individual entrepreneurs, importers) with the mandatory requirements of laws and other regulatory legal acts of the Russian Federation governing relations in the field of consumer protection, as well as mandatory requirements for goods (works, services);
issuing, within the powers provided for by the legislation of the Russian Federation, instructions to manufacturers (performers, sellers, authorized organizations or authorized individual entrepreneurs, importers) to stop violating consumer rights, on the need to comply with mandatory requirements for goods (work, services);
in accordance with the procedure established by the legislation of the Russian Federation, taking measures to suspend the production and sale of goods (performance of work, provision of services) that do not meet mandatory requirements (including those with an expired expiration date), and goods for which an expiration date should be established, but has not been established suitability, based on recall from the domestic market and (or) from the consumer or consumers of goods (works, services) that do not meet mandatory requirements, and informing consumers about this;
sending to the body that licenses the relevant type of activity (licensing body) materials on violations of consumer rights for consideration of issues of suspension or cancellation of the relevant license in the manner established by the legislation of the Russian Federation;
sending materials to the prosecutor's office and other law enforcement agencies within their jurisdiction to resolve issues of initiating criminal cases based on crimes related to the violation of consumer rights established by laws and other regulatory legal acts of the Russian Federation;
filing applications in court to protect the rights of consumers, the legitimate interests of an indefinite number of consumers, as well as applications for the liquidation of the manufacturer (performer, seller, authorized organization, importer) or for the termination of the activities of an individual entrepreneur (authorized individual entrepreneur) for repeated or gross violation of the established laws and other regulatory legal acts of the Russian Federation on consumer rights.
On the basis of the above,

ASK:
1. Consider this complaint on its merits.
2. Conduct an investigation into the facts I have stated, bring to justice those responsible for violating my rights, and also provide assistance in restoring the violated rights.

Application:
1. Copy of the check dated ___________
2. Copy of the application dated ___________
3. Copy of refusal dated ___________
4. A copy of the claim dated ________.
5. A copy of the response from _______.

" " ______________ G. ___________/____________/

Rospotrebnadzor is the main government body controlling the sphere of trade and the provision of other services. This body is designed to protect the rights of consumers and carry out sanctions against violators.

If a buyer is sold a low-quality product or there are other violations in the service sector, anyone can write a written appeal to Rospotrebnadzor. The complaint must indicate the rights that were violated and the name of the violating organization.

An appeal to Rospotrebnadzor should be drawn up according to the following plan:

In the upper right corner, indicate the name of the Rospotrebnadzor office to which the complaint is being filed;
Please provide the applicant's personal information below. Full name and residential address;
Highlight the word “Claim” in the title;
Next, write a description of the essence of the complaint. The document must indicate the date of purchase or use of the service, the name of the seller who sold the goods, the place of purchase, the name of the organization or store;

In the descriptive part, you cannot use obscene expressions or incomprehensible wording. The essence of the complaint must be stated clearly and concisely. The consumer should try to use only business style when describing the complaint. In addition, you must write in clear, legible handwriting.

After describing the circumstances of the purchase, list the regulations that govern this issue. Specify the law “On the Protection of Consumer Rights”, Articles 18, 19, 20, 21, 25;
Formulate requirements for the selling party that sold the low-quality product;
List all the documents that are attached to the completed claim;

Additionally, you need to provide: checks, invoices, the seller’s refusal to return the money, a copy of the claim submitted to the store and other documents proving the fact of purchasing a low-quality product or service.

At the bottom of the claim, put your personal signature and record the date the document was drawn up.

In what cases is a complaint written to Rospotrebnadzor?

The consumer can file a complaint with the regulatory authority only in certain cases:

The selling party refuses to fulfill its obligations to exchange or return the product;

For example, a consumer was sold a defective meat grinder. According to the Law “On the Protection of Consumer Rights”, he has the right to return low-quality goods to the store and put forward demands: return of money paid, exchange of goods for an analogue or similar model with subsequent recalculation of the price. In addition, the buyer may demand that problems with the purchased meat grinder be corrected at the expense of the selling party. If the seller refuses to comply with these requirements, it is necessary to file a complaint with Rospotrebnadzor.

The buyer was not provided with all the services indicated in the price list;

For example, a consumer paid for a massage in a beauty salon. According to the price list, the procedure should last 1 hour, but the client is given only a 30-minute massage. This is a violation on the part of the administration of the beauty salon. The consumer is required to reimburse part of the funds for the service not provided. If salon employees refuse to do this, they must issue an official refusal to fulfill their obligations. This document must be drawn up in writing and attached to the complaint sent to Rospotrebnadzor.

Poor quality service provided (tourist, medical, financial, etc.).

Time limits for consideration of such a claim

A written complaint is processed by Rospotrebnadzor employees within 3 days. However, the period for reviewing the document may vary.

The exact period depends on the following conditions:

If the problem described in the complaint is within the competence of other regulatory authorities, the document will be sent to the appropriate authority. A complaint can be sent to another government body within 7 working days;
In other cases, the complaint is considered no more than 30 days. The period is counted from the date of registration of the claim. After considering the issue, Rospotrebnadzor sends an official response to the address specified in the document.

In some cases, Rospotrebnadzor may refuse to consider a claim:

The document is drawn up in an incorrect form, that is, incorrect wording, profanity, etc. are used;
Incomprehensible handwriting, due to which the supervisory authority employee cannot identify the essence of the complaint.

In case of refusal to consider, Rospotrebnadzor sends its response to the consumer within 7 days.

What is the purpose of an organization like Rospotrebnadzor?

Before filing a claim with Rospotrebnadzor, you should understand what issues are within the competence of this regulatory body. The powers and responsibilities of this service are strictly regulated by law.

Main functions of Rospotrebnadzor:

Checking the sanitary conditions of public institutions (cafes, restaurants, offices, shops, schools, kindergartens, hospitals, etc.);
Checking the quality of manufactured products;
Measurement of radiation levels in various public places;
Epidemiological control. Identification of epidemic foci, checking the health of people coming from epidemically dangerous regions, timely vaccination and informing the country’s population;
Consumer rights Protection;
Protection of the rights of persons who have received poor quality services in any area;
Controlling the activities of companies that organize lotteries or drawings. If consumer rights are violated in this area of activity, Rospotrebnadzor carries out an inspection;
Checking services provided by financial organizations. Rospotrebnadzor checks the conditions for the provision of loans, credits and other banking services;
Monitoring the legality of actions of collection companies;
Issuance of permits for certain types of work, production of products;
Implementation of other measures to improve the well-being of the country's population. These measures must not contradict current legislation.

In order not to receive a refusal to consider a claim filed with Rospotrebnadzor, make sure that the solution to the problem is within the competence of this body. Please consult with qualified lawyers on this issue in advance.