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Topic - is important and useful.
As a company, "The Messenger" is deceiving thousands of citizens in the tens of millions of rubles.
I, as a lawyer, with extensive judicial practice, is ready to agree with you that rotten through the judicial system in Russia, does not allow to win a civil (it is important that justice) court against public authorities, or the persons closely and mutually cooperate with them, from state corporations and monopolies at stake when questions of principle, and simply have people who are ready to generously podmaslit court. However, in disputes where at stake is not more than 300 thousand rubles, despite the fact that you are willing to chew all the court is not very wise move, you can win, though at the same time need to have legal skills or just an inquiring mind. But it was for this that I am writing this post, that would make it easier for many to find justice in the Russian courts. But note that this search will continue at least six months, but a positive outcome will bring you to the card a couple of hundred thousand. So be patient and principled.
For several years, "The Messenger" (JSC "The Messenger Logistics" or other regional subsidiary of the group of companies "The Messenger") is deceiving people by giving them an extra fee for the service, called "additional guarantees" when purchasing the appropriate electronics. Extended warranty may vary from year to lifetime (as in my case), ranging in price. Clerk will tell you that if you buy them additional guarantees, and if your phone or tablet, break after the main manufacturer's warranty (usually 1 year), the "Messenger" will repair your equipment for free (in my case, the term has been a lifelong ). Seller will assure you that if the equipment can not be repaired, you will replace it or refund. True small print under extended warranty states that if the technique can not be repaired, you will not be repaired it will return only the money you paid for the additional guarantee. Not bad, right? In September 2011, I bought at the store "The Messenger" tablet 25 000 rubles. and I have it turned off permanently after 3 days, after the manufacturer's warranty period has expired. But I'm happy, holding with a lifetime warranty for an additional 2,000 rubles., Went to the store and handed the plate to repair. I accepted it, but then the plate was gone. His fate was not known vendors, as well as time of repair. Under the extended warranty, the term shall not exceed 45 days. But I, as a lawyer, wrote at the time in the repair of the tablet, the application for granting me the same equipment at the time of repair. According to the Law on Consumer Protection, for not providing an analogue for the period of repair charged a penalty. Naturally no one I gave.
Repair period has expired, the tablet renovated and has not been, I have bought a new one and the old plate I actually no longer interested. That's why I went and wrote a statement about the termination of the contract of sale and return the money to me, because the repair period is not executed, and this right is granted to me by law. Naturally the company "The Messenger" has completely ignored me and I went to court.
And the court, I won!
In court, the representative of "The Messenger" insisted that an additional guarantee is not a guarantee at all (according to law), and an additional service that is not covered by the provisions of the law or of the termination of the contract of sale or payment of a penalty for not providing similar equipment repair period, and accordingly, they are willing to give me back only 2,000 rubles. and send to ... home. That's what the company "The Messenger" and deceives people pulling out their money for Allegedly service that not worth a penny.
But the law on protection of consumer rights there is a magic article № 5. In accordance with paragraph. 7, Art. 5 of the Act, the seller may accept liability in respect of defects in the goods found at the end of the warranty period specified by the manufacturer (additional commitment). And in accordance with paragraph. Article 8. 5 of the Act, the seller is responsible for defects in the goods discovered during the term of the additional liabilities in accordance with the second paragraph of paragraph 6 of Article 18 of this Law. Simply put, it is a problem "The Messenger", they have a lifetime commitment to repair my plate and at all times on the obligation subject to the rules of the Law, and therefore I have the right to terminate the contract of sale and return the money in this case. This right is all of you that were not mentioned in any additional guarantees, as the conditions of the contract, protivorechaschei law is void. We let the company "The Messenger" shakes in front of you this useless scrap of paper, do not pay attention to it.
And now, most importantly, what it is that I won in court, which recognized the illegal practice of "The Messenger" for the sale of lime additional warranty.
The court annulled the contract of sale, and to recover from ZAO "The Messenger Logistics' value of additional collateral - 2000 rub., The cost of the tablet - 25 thousand rubles., And (!!!), the penalty for failure to provide the same tablet for the period of repair - 22 000 rubles ., compensation for moral damage - 3,000 rubles., and a fine (under the Act) - 25 000 rubles. (half of the collected amount)
And, I won 75 000 rubles., Spending plate 25 000 thousand. Not a lot, but not bad, really. Today, the writ of execution, the Bank of connected me the money transferred to the account, which I congratulate myself.
So go ahead, do not be lazy, to defend their rights. Today will write to the Federal Service, which they based on the decision of the court stopped the cheating of consumers in St. Petersburg on the part of "The Messenger".
If you are in a similar situation, please, I will help you claim templates and examples from the judicial practice. Googling, you can see that the courts are inundated with claims on similar issues and different solutions, but St. Petersburg is now a real chance for everyone.
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I, as a lawyer, with extensive judicial practice, is ready to agree with you that rotten through the judicial system in Russia, does not allow to win a civil (it is important that justice) court against public authorities, or the persons closely and mutually cooperate with them, from state corporations and monopolies at stake when questions of principle, and simply have people who are ready to generously podmaslit court. However, in disputes where at stake is not more than 300 thousand rubles, despite the fact that you are willing to chew all the court is not very wise move, you can win, though at the same time need to have legal skills or just an inquiring mind. But it was for this that I am writing this post, that would make it easier for many to find justice in the Russian courts. But note that this search will continue at least six months, but a positive outcome will bring you to the card a couple of hundred thousand. So be patient and principled.
For several years, "The Messenger" (JSC "The Messenger Logistics" or other regional subsidiary of the group of companies "The Messenger") is deceiving people by giving them an extra fee for the service, called "additional guarantees" when purchasing the appropriate electronics. Extended warranty may vary from year to lifetime (as in my case), ranging in price. Clerk will tell you that if you buy them additional guarantees, and if your phone or tablet, break after the main manufacturer's warranty (usually 1 year), the "Messenger" will repair your equipment for free (in my case, the term has been a lifelong ). Seller will assure you that if the equipment can not be repaired, you will replace it or refund. True small print under extended warranty states that if the technique can not be repaired, you will not be repaired it will return only the money you paid for the additional guarantee. Not bad, right? In September 2011, I bought at the store "The Messenger" tablet 25 000 rubles. and I have it turned off permanently after 3 days, after the manufacturer's warranty period has expired. But I'm happy, holding with a lifetime warranty for an additional 2,000 rubles., Went to the store and handed the plate to repair. I accepted it, but then the plate was gone. His fate was not known vendors, as well as time of repair. Under the extended warranty, the term shall not exceed 45 days. But I, as a lawyer, wrote at the time in the repair of the tablet, the application for granting me the same equipment at the time of repair. According to the Law on Consumer Protection, for not providing an analogue for the period of repair charged a penalty. Naturally no one I gave.
Repair period has expired, the tablet renovated and has not been, I have bought a new one and the old plate I actually no longer interested. That's why I went and wrote a statement about the termination of the contract of sale and return the money to me, because the repair period is not executed, and this right is granted to me by law. Naturally the company "The Messenger" has completely ignored me and I went to court.
And the court, I won!
In court, the representative of "The Messenger" insisted that an additional guarantee is not a guarantee at all (according to law), and an additional service that is not covered by the provisions of the law or of the termination of the contract of sale or payment of a penalty for not providing similar equipment repair period, and accordingly, they are willing to give me back only 2,000 rubles. and send to ... home. That's what the company "The Messenger" and deceives people pulling out their money for Allegedly service that not worth a penny.
But the law on protection of consumer rights there is a magic article № 5. In accordance with paragraph. 7, Art. 5 of the Act, the seller may accept liability in respect of defects in the goods found at the end of the warranty period specified by the manufacturer (additional commitment). And in accordance with paragraph. Article 8. 5 of the Act, the seller is responsible for defects in the goods discovered during the term of the additional liabilities in accordance with the second paragraph of paragraph 6 of Article 18 of this Law. Simply put, it is a problem "The Messenger", they have a lifetime commitment to repair my plate and at all times on the obligation subject to the rules of the Law, and therefore I have the right to terminate the contract of sale and return the money in this case. This right is all of you that were not mentioned in any additional guarantees, as the conditions of the contract, protivorechaschei law is void. We let the company "The Messenger" shakes in front of you this useless scrap of paper, do not pay attention to it.
And now, most importantly, what it is that I won in court, which recognized the illegal practice of "The Messenger" for the sale of lime additional warranty.
The court annulled the contract of sale, and to recover from ZAO "The Messenger Logistics' value of additional collateral - 2000 rub., The cost of the tablet - 25 thousand rubles., And (!!!), the penalty for failure to provide the same tablet for the period of repair - 22 000 rubles ., compensation for moral damage - 3,000 rubles., and a fine (under the Act) - 25 000 rubles. (half of the collected amount)
And, I won 75 000 rubles., Spending plate 25 000 thousand. Not a lot, but not bad, really. Today, the writ of execution, the Bank of connected me the money transferred to the account, which I congratulate myself.
So go ahead, do not be lazy, to defend their rights. Today will write to the Federal Service, which they based on the decision of the court stopped the cheating of consumers in St. Petersburg on the part of "The Messenger".
If you are in a similar situation, please, I will help you claim templates and examples from the judicial practice. Googling, you can see that the courts are inundated with claims on similar issues and different solutions, but St. Petersburg is now a real chance for everyone.
3.
4.
5.
6.
proof
Source:
