How to write a claim for poor quality service - sample

Pre-trial claim under a service agreement - sample

A sample pre-trial claim under a service agreement in general form should include the following information and points:

• information about the addressee of the claim, including the head of the organization, its name, location and other identifying characteristics (for example, TIN);
• name and postal address of the applicant;
• date and originating number of the request;
• details of the service agreement under which the dispute arose;
• description of the violation by the recipient of the claim with references to the clauses of the contract;
• specific requirements for the recipient of the claim (compensation for losses incurred, payment of penalties, fulfillment of obligations duly undertaken under the contract);
• references to the norms of law in accordance with which the claim was drawn up and certain demands were presented;
• list of attached documents (if any).

The claim must be signed by the head of the organization or another person who has the right and authority to do so. The signature is certified by the seal of the organization (if any). The more specific content of the claim depends on the merits of the claim. So, to write a claim for a service of inadequate quality, one sample is needed, and a claim for non-payment of services under the contract by the contractor requires another sample.

You can download a sample complaint about the discovery of deficiencies in the work performed for free in ConsultantPlus by signing up for a trial access:

A sample claim under a service agreement in the event of the customer’s failure to fulfill obligations to pay can be downloaded here:

We also have sample claims:

• under a contract;
• supply agreement;
• lease agreement, etc.

Claim to the management company for damages

The management company is a legal entity and is responsible for its actions as before the property owners. and before other citizens with whom he enters into legal relations.

Quite often, claims are made against the management company for compensation for damage caused as a result of failure to fulfill direct responsibilities for managing an apartment building. Thus, improper maintenance of the roof of a house can lead to flooding of apartments. Improper maintenance of public risers can lead to flooding of apartments and interruptions in water supply and heating. Improper maintenance of the heating system can cause it to freeze and burst.

Also, improper performance of its duties by the management company can lead to damage to other citizens or organizations. For example, a common claim is for damage to vehicles caused by snow or ice falling into roofs. Also, one of the reasons for causing damage may be failure to properly perform duties to clear the local area of ​​ice and snow.

In the above cases, you can use the provided sample claim to the management company. Or immediately go to court with the appropriate statement of claim:

• Statement of claim for compensation for material damage
• Statement of claim for damages caused by flooding of an apartment

How to file a claim for poor quality service?

In the field of consumer rights protection, the Rospotrebnadzor service provides methodological assistance to individuals in deciding how to correctly file a claim for poor-quality service. Sample documents are posted on the official websites of regional departments. With their help, citizens can draw up a document demanding to provide a quality service or eliminate deficiencies in the provided communication services, medical services, utilities, etc.

Legal entities can also use these samples, however, references to the Law should not appear in the legal entity’s claim, since it only protects consumers of services - individuals and does not regulate the legal relations of organizations.

Organizations can use the above sample, taking into account the applicant's legal rights. So, by virtue of Art. 15 and paragraph 1 of Art. 330 of the Civil Code, a person has the right to demand compensation for losses only if they exist and are sufficiently confirmed, and a penalty - in any case if it is provided for by law or contract.

Complaint to the management company for filling an apartment

Filing a claim when filling an apartment with the management company implies a peaceful resolution of the conflict. If the management company is ready to make concessions, admits its guilt and is ready to compensate for all the damage caused, then this will be the best way to resolve such an unpleasant situation. You do not have to file an application to the court, bear the costs of legal defense, prove the damage caused and the amount of the amount recovered. Therefore, if you were able to come to a mutually beneficial agreement, it is better to formalize everything in the form of a written claim for the bay.

A written claim for the Gulf will be required in cases of peaceful resolution of the conflict, as it will serve as confirmation of the existence of claims and the extent of damage. A written claim and payment documents can be used as evidence of a settlement.

In your claim for the bay, please include the following information:

1. name of the applicant, address, grounds for the emergence of rights to residential premises
2. Document name: Claim for damages from flooding of apartment
3. indicate the reasons for the occurrence of the flood
4. provide a list of damages caused in each room separately
5. provide an estimate of the damages caused
6. put date and signature

Be sure to submit your claim in 2 copies. Submit the claim officially, through the secretary, with registration in the journal of incoming correspondence. On your copy of the document, ask to put the date of receipt and a signature with a transcript.

In addition, the claim can be sent by registered mail with acknowledgment of receipt.

Rules for signing and submitting a claim for poor quality service

The form of the claim is not established by law, and therefore it is recommended to include in the contract conditions on the procedure for resolving disputes out of court, including rules for the exchange of correspondence, deadlines for considering letters, and the method of sending them. If there is no such section in the contract, it is necessary to be guided by the practice of civil law relations, which has developed certain rules for the preparation and procedure for filing claims.

A claim for poor quality service must not only be drawn up in the proper form, but also sent in a manner determined by the parties. As a general rule, a claim is a written document signed by an authorized representative of the organization and affixed with a seal, if available. If the method of sending the claim is not determined by the parties, it is advisable to send it by registered mail with notification and a description of the attachment.

The terms of the contract may determine another method of sending, for example, fax, telegram, e-mail. In addition, to speed up the consideration of the claim, the party may, in parallel with the postal item, send a claim using one of the specified methods.

You can go to court only after the expiration of the period allotted for pre-trial settlement of the dispute

In paragraph 8 of the Review, the Supreme Court of the Russian Federation indicated that the Arbitration Court must return the statement of claim if, by the day the court goes to court, the period established by law or agreement for pre-trial dispute resolution has not yet expired and there is no response to the claim.

An example is given of a case where a company filed a claim with the AS for the collection of debt under a contract. The courts of first and appellate instances rejected the claim, considering that the pre-trial settlement procedure was not followed. The company appealed to the court of cassation, citing the fact that the fact of filing a claim does not interrupt or terminate the period for responding to the claim.

The Court of Cassation did not agree with this: compliance with the claim procedure for resolving a dispute is not only the formal sending of a demand to the defendant, but also compliance with the deadline provided for the response, after which the plaintiff can go to court.

The court's acceptance of the statement of claim before the expiration of the specified period is not consistent with the principle of equality of parties. Consequently, non-compliance with the claim procedure is recognized not only by the lack of evidence of filing a claim, but also by going to court before the expiration of this period.

How to write a complaint about a service of inadequate quality to an individual?

The sample requirement for the proper fulfillment of obligations assumed under a service contract generally includes the content of all sections that must be indicated in any pre-trial claim. The specifics of a claim submitted in connection with the provision by a contractor of a service of inadequate quality to an individual are the following:

• The powers of the applicant (consumer) are secured by Art. 29 of the Law, therefore the requirements must be specified in accordance with this norm and with reference to it;
• the requirements must be presented during the provision of the service or upon acceptance of the result of its provision;
• If it is impossible to identify deficiencies in the provision of services before they are accepted, the claim may be sent within the time limits specified in clause 3 of Art. 29 of the Law;
• the claim may indicate a requirement to pay a penalty provided for in Art. 31 Law;
• The consumer in the claim has the right to refer to the responsibility of the contractor provided for by the Law for failure to satisfy the consumer’s requirements on a voluntary basis.

Otherwise, the claims from an individual and from an organization are identical.

In ConsultantPlus you can download various sample claims for free, for example, claims against an airline, claims for poor-quality repairs of household appliances, etc. If you do not yet have access to K+, sign up for a trial access. It's free.

When to submit?

The period during which it is necessary to send a claim to the counterparty depends on whether the parties are guided only by general rules of law or whether an agreement has been concluded between them. The period during which a claim to an individual for damages and other types of pre-trial appeals must be sent is included in the text of the contract, for example, in the section “Pre-trial settlement procedure”. If a controversial situation arises, we recommend that you read the contract carefully, especially this section. Its contents often include: the period during which the demand is sent; deadline for receiving a response from the other party; deadline for voluntary satisfaction of demands.

In the event that there is no agreement or the terms are not defined in it, one should be guided by the general provisions of the law:

If your situation does not correspond to the above table, we recommend that you submit your request as soon as possible. When a case moves to the judicial stage, the court is guided by the concept of “reasonable time.” It is determined individually in each situation and ranges from several days to several weeks.

Claim for non-payment of services under the contract

A claim under a service agreement can be submitted not only by the customer of the service, but also by the contractor - in the event of the customer’s failure to fulfill such obligations under the agreement as transfer of necessary documents, making an advance payment, payment for services rendered, and others. Such a claim is subject to general rules, but has specifics in terms of the requirement to pay for services rendered and calculate interest for the use of other people's funds within the framework of Art. 395 Civil Code.

The specified percentage is calculated based on the key rate established by the Bank of Russia; the calculation is drawn up in the form of a separate document, which is an appendix to the claim.

Results

Thus, a claim for services of inadequate quality is subject to the general rules for drawing up a claim, taking into account the specifics established by the Law (for consumers - individuals), special laws in a particular service sector and business customs in this branch of civil legal relations.
Consumers can use sample claims developed by Rospotrebnadzor and its territorial bodies, and organizations can use a sample claim posted on our resource. You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.

What laws should you refer to when writing such a claim?

Due to the variety of situations, it is difficult to provide any ordered list of everyday nuances, each of which will be regulated by a specific legal act. However, when drawing up a claim, it is necessary to refer to the laws in order to remind the employees of the Criminal Code that ignoring the current legislation entails administrative liability. A reminder of this aspect of the issue in the complaint will significantly speed up the process of resolving the problem.

So, what laws, documents, acts can be used when drawing up a claim?

Below is the list:

1. Housing Code of the Russian Federation.
2. Federal Law “On Fire Safety”.
3. Code of Administrative Offences. San. rules and regulations.
4. Decree of the Government of Russia dated May 6, 2011, number 354.
5. Decree of the Government of Russia dated August 13, 2006, number 491.
6. Decree of the Government of Russia dated May 15, 2013, number 416.
7. Decree of the Government of Russia dated April 3, 2013, number 290.
8. Resolution of the State Construction Committee of Russia dated September 27, 2003, number 170.

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