Review of Court Practice in Cases on Protection of Consumer Rights in Russia 2023

Оглавление

Группа авторов. Review of Court Practice in Cases on Protection of Consumer Rights in Russia 2023

REVIEW OF COURT PRACTICE IN CASES ON PROTECTION OF CONSUMER RIGHTS

1. The seller is obliged to provide safe conditions for the health of consumers and the safety of their property. The emergence of a tortious obligation in itself does not exclude the possibility of applying to the legal relations of the parties the Law of the Russian Federation of February 7, 1992 N 2300-I “On the Protection of Consumer Rights” <2>

2. The right to compensation for harm caused as a result of defects in the service (product) is recognized for any victim, regardless of whether he was in a contractual relationship with the performer (seller) or not

3. An offer to sell a product posted on the seller’s website, addressed to an indefinite number of persons and containing detailed information about the product and its price, is a public offer. After the seller receives a consumer’s message about the intention to enter into an agreement on the terms of a public offer, the seller does not have the right to unilaterally change the announced price of the product

4. The seller does not have the right to include in the public offer a condition regarding the possibility of unilaterally canceling the placed order

5. The seller does not have the right to unilaterally change the price of the goods determined by the purchase and sale agreement concluded with the consumer, and force the consumer to enter into a new contract on other terms, including due to an increase in the price of the goods by the time of its delivery, or additional costs for the seller. for the execution of the contract, etc

6. The buyer has the right to present a claim to the seller regarding defects in goods for which no warranty or expiration dates have been established, if these defects are discovered within two years from the date of transfer of the goods to him and longer periods are not established by law or contract

7. The presence of a defect in a technically complex product that reappears during the warranty period after measures have been taken to eliminate it is an independent basis for satisfying the requirement to replace a low-quality product. At the same time, the possibility of eliminating such a defect, the proportionality of costs and the insignificance of time spent on eliminating it, as well as the absence of a ban on the use of goods with this defect, have no legal significance

8. If the importer fails to fulfill the obligation to eliminate significant defects in the goods free of charge within twenty days, the consumer has the right to receive a penalty. Such a penalty is subject to payment until the goods are returned to the consumer with the defects eliminated or until the importer fulfills the consumer’s lawfully changed demand, including the demand for the return of the amount of money paid for the goods

9. The hotel is responsible for the actions of its employees who violate the rights of the guest

10. In case of refusal to fulfill the subscription agreement, the consumer has the right to demand the return of amounts paid for the period of validity of the agreement for which it was terminated early

11. The provision of the contract, according to which the consumer, in case of refusal to fulfill the contract, has no or limited right to return the money paid, is invalid, as it infringes on the rights of the consumer

12. When considering a dispute about a discount on a product provided to the buyer for the purchase of additional services of third parties, the circumstances related to providing the consumer with all the necessary information, providing him with the opportunity to adequately assess the terms of the discount and the presence of his own benefit or unfavorable consequences for himself, must be clarified. including whether the consumer was initially misled by the seller by inflating the price of the car under the contract and creating the appearance of a discount in order to force him to enter into additional contracts for the provision of services, and also whether the requirements for the return of the discount amount comply with the principle of proportionality when not all are refused, and from one or more contracts for the provision of services

13. When returning goods of inadequate quality, the consumer has the right to compensation for losses in the form of the difference between the price of the goods established in the sales contract and the price of a similar product on the date of satisfaction of this claim

14. The Law on the Protection of Consumer Rights does not relieve the customer from the obligation to pay for the work performed by the contractor

Resolution of disputes arising between consumers financial services and financial organizations

15. The law obliges a bank or other credit organization to provide the consumer of financial services with information about the general conditions for providing a credit (loan) and to agree with him on the individual terms of his lending, regardless of whether the consumer applies for a credit (loan) in person or remotely

16. In order to correctly determine the amount of insurance compensation, the consumer of a financial service may dispute the value of the usable balances

17. If he refuses to fulfill a contract for the provision of paid services concluded with a bank, the consumer of a financial service has the right to a refund of the funds paid under the contract minus the expenses actually incurred by the bank

18. A reduction in the penalty cannot be arbitrary and is not allowed without the financial organization presenting evidence confirming such disproportionality, as well as without the court indicating the reasons why it came to the conclusion that the penalty was disproportionate

19. The burden of proving the existence of grounds provided by law for exemption from liability for violation of consumer rights lies with the contractor (seller, manufacturer, importer, authorized organization or authorized individual entrepreneur)

20. A change in the method and order of execution cannot go beyond the limits of the claims allowed by the court, and the new execution must be proportionate to what the consumer should have received under the original method of execution

21. The right to choose between several courts, which, by virtue of the Law on the Protection of Consumer Rights, has jurisdiction over a dispute, belongs to the consumer. The condition of the agreement concluded by the seller (performer) with the consumer on changing the territorial jurisdiction of disputes does not limit the consumer’s right to bring a claim in accordance with the jurisdiction established by law

22. The consumer has the right to file a claim at his place of residence even after termination of the contract with the contractor (seller)

23. Legal costs in the case of challenging the decision of the financial ombudsman by the insurer shall not be borne by the consumer of the financial service

Отрывок из книги

Unofficial translation from the Russian language

<1> Hereinafter – the Supreme Court.

.....

The consumer has the right to ensure that the product (work, service), under normal conditions of its use, storage, transportation and disposal, is safe for the life, health of the consumer, the environment, and also does not cause harm to the consumer’s property (clause 1 of Article 7 of the Law on the Protection of consumer rights).

By virtue of the third paragraph of paragraph 2 of Article 7 of the said law, damage caused to the life, health or property of the consumer due to failure to ensure the safety of the product (work) is subject to compensation in accordance with Article 14 of this law.

.....