Читать книгу Review of Court Practice in Cases on Protection of Consumer Rights in Russia 2023 - - Страница 5

Ch. filed a lawsuit against the management company for damages, compensation for moral damages and collection of a fine for failure to comply with the voluntary procedure for satisfying consumer demands, citing the fact that his car was damaged by a stone that fell from the roof of an apartment building served by the defendant.

Resolving the dispute on the merits, the court of first instance came to the conclusion that the plaintiff’s car was damaged as a result of the defendant’s improper fulfillment of its obligations to maintain the common property of the apartment building – the roof, and therefore imposed an obligation on the management company to compensate for this damage.

Refusing compensation for moral damage and collecting a consumer fine, the court proceeded from the fact that Ch. is not the owner or tenant of a residential building in an apartment building, the maintenance and servicing of which is carried out by the defendant, and, accordingly, is not a consumer of the services provided by the management company.

The courts of appeal and cassation instances agreed with the conclusions of the court of first instance.

The Judicial Collegium for Civil Cases of the Supreme Court, canceling the decisions of the courts of appeal and cassation instances and sending the case for a new appeal hearing, indicated the following.

In accordance with the preamble of the Law on the Protection of Consumer Rights, this law regulates the relations that arise between consumers and manufacturers, performers, importers, sellers when selling goods (performing work, providing services), establishes the rights of consumers to purchase goods (work, services) of proper quality and safe for life, health, property of consumers and the environment, obtaining information about goods (works, services) and their manufacturers (performers, sellers), education, state and public protection of their interests, and also determines the mechanism for the implementation of these rights.

A consumer is a citizen who intends to order or purchase, or who orders, purchases or uses goods (work, services) exclusively for personal, family, household and other needs not related to business activities.

The contractor is an organization, regardless of its legal form, as well as an individual entrepreneur performing work or providing services to consumers under a paid contract.

At the same time, paragraph 2 of Article 14 of the Law on the Protection of Consumer Rights stipulates that the right to demand compensation for damage caused as a result of defects in goods (work, services) is recognized not only for the consumer himself, but also for any victim, regardless of whether he was in a contractual relationship relationship with the seller (performer) or not.

Thus, the Law on the Protection of Consumer Rights recognizes the right to compensation for damage due to defects in a product (work, service) also for the victim who did not have a contractual relationship with the seller (performer).

The courts found that the plaintiff suffered harm as a result of the defendant’s improper provision of services to consumers.

of the Law on the Protection of Consumer Rights to the legal relations of the parties.

Determination of the Judicial Collegium for Civil Cases of the Supreme Court dated November 15, 2022 N 16-КГ22-27-К4. A similar legal position is set out in the ruling dated August 8, 2023 No. 4-KG23-37-K1.