How to write a complaint to Rospotrebnadzor in various situations: sample. Example of a complaint to Rospotrebnadzor about a low-quality product
The quality of service in the service sector can be improved in various ways. One of them is supervision by regulatory authorities. For example, consideration of an appeal by Rospotrebnadzor. This organization is designed to defend the rights of the client when paying for goods or services. Unfortunately, the Russian mentality does not imply knowledge of one’s rights and the ability to protect them.
But life does not stand still. The economy is developing, our lives are enriched with new technologies. Every citizen must protect their rights. For example, know how to write a complaint to Rospotrebnadzor via the Internet.
The functions assigned to Rospotrebnadzor are quite diverse. The consumer from this list is interested in the following:
- Supervision of compliance with sanitary legislation;
- Monitoring compliance with excise trade rules;
- Supervision of the quality of service providers.
The main goal of the organization’s activities is to protect client rights in the services market. Market relations mean a wide range of services for the population: shops, banks, education.
Consideration of citizens' appeals, making reasoned decisions and familiarizing the applicant with them is the main function of the service. Therefore, if you see that your rights have been violated, you should file an application with Rospotrebnadzor. The federal service will determine whether illegal acts actually took place or whether the client himself was wrong.
In order to properly express your dissatisfaction in writing, you need to know the basic requirements for writing a complaint to Rospotrebnadzor.
Protect your rights
The Federal Law “On the procedure for considering appeals from citizens of the Russian Federation” dated May 2, 2006, paragraph 4 of Article 4, provides the following explanation for the concept of “complaint”: a request for the renewal or protection of interests that have been illegally violated.
Article 7 of the Law puts forward the following conditions for an application to Rospotrebnadzor about violation of consumer rights:
- The exact name and details of the Federal Service;
- Personal data (full name, telephone number);
- Description: a detailed story about the situation in which a violation of rights occurred. Name, address of the organization, name of the employee (if known), additional facts confirming what happened, legislative provisions establishing the rules violated, motivated claims against the defendant and a request to the Federal Service;
- Date of application;
- The document is certified by the personal signature of the plaintiff.
A complaint is submitted to Rospotrebnadzor along with the necessary documents confirming the described situation:
- Receipt;
- Another payment document;
- Copies of claims;
- Responses to complaints.
An example of a complaint to Rospotrebnadzor:
_______________________________________________
(name of territorial organization
Services being accessed)
location: _________________________________
from ___Petrushova Ekaterina Pavlovna_____________
(client’s personal data)
Place of residence: 35025 Penza, 3rd Line St., 45, kV.9,
phone: _ХХХХХХХХХХХ_,
email box: [email protected] ___________________________
Application (notice, complaint)
to protect the rights of consumers arising from the sale of low-quality products
(name (full name) of the business entity)
in the toy store “Joy of Childhood”, located at the address: Penza st. Aviatsionnaya, 32, the following goods ___inflatable ring of the "Rainbow" brand, diving goggles "Nemo"__ at a price of_340__(three hundred and forty__) rubles, which is confirmed by receipts of FOP NAMAZOV.
However, the purchased products, namely: ___inflatable ring_,
turned out to be of poor quality, which is expressed as ___blowing____ and
confirmed by ___video and photographs_____.
low-quality products, as well as __exchange the product for a similar one__ (reduce the cost in accordance with the defect, return the price paid for the low-quality product, taking into account losses incurred due to the sale of low-quality goods) ____ FOP NAMAZOV G.V._____ not considered by the seller, no response received (did not voluntarily satisfy, referring to ________________________________), although the claim of FOP NAMAZOVIM G.V. received, which is confirmed by _delivery notification of the recommended letter_.
Today _ FOP NAMAZOV G.V._ continues to sell
(name/full name of seller)
low-quality products, which is confirmed by the presence of inflatable rings of the Rainbow brand in the Joy of Childhood toy store___.
Taking into account this situation and on the basis of the federal law “On the Protection of Consumer Rights”, Article 18, paragraph 1, the Regulations on the Federal Service for Surveillance in the Sphere of Protection of Consumer Rights and Human Welfare, approved by the Decree of the Government of the Russian Federation of June 30, 2004, paragraph 5.9, I request an inspection fact of trade in low-quality products FOP NAMAZOV V.G.
Applications:
1. Cash receipt for the purchase of products (copy and original).
- Certificate of purchase of goods of proper quality.
- Copy of the applicant’s claim dated “12_”__May__ 2017_
- Recommended letter delivery notification.
- Power of attorney to represent the interests of the plaintiff dated “___”________ ____ N ___ (if the application (notification, complaint) to Rospotrebnadzor for the store is signed by the plaintiff’s representative).
“___”__________ ____ Signature
The above example can serve as a sample application to Rospotrebnadzor. But it is only indicative. You will have your own facts, your own claims, your own evidence base.
When there is no response from the Federal Service
The provisions of Article 11 of the federal law provide for situations when your application will remain unanswered. This will happen if the application to Rospotrebnadzor falls under the following criteria:
- The applicant's personal information is missing. You cannot complain anonymously. Such a document will not be considered;
- Use of profanity, expression of direct threats;
- Unreadable text of the claim or unclearly formulated requirements can also cause refusal;
- Identical appeals to Rostpotrebnadzor sent by the same applicant regarding the same situation, without reference to newly identified circumstances, serve as the basis for notifying you of the termination of correspondence;
- If responding to an application requires a violation of the law on secret documentation. In this case, the refusal to prepare a response is explained in writing.
The Federal Service notifies the applicant in a letter that his claim will not be considered. The service has one week to prepare the letter.
After studying the stated requirements and using the sample for writing a complaint to Rospotrednadzor, even a person without a legal education will be able to write a competent letter to the federal body.
Application methods
The applicant has the right to choose a convenient way for him to write a complaint to Rospotrebnadzor:
- Through personal contact;
- By sending the recommended letter;
- By sending an appeal electronically.
If you decide to use an online resource, go to the Federal Service website or the “Government Services” page. Select the menu item “Citizens' Appeals”. Fill out the form provided. Scan the required evidence and attach it to your application.
The processing time for online applications is identical to other forms of applications and is one month (clause 1 of Article 12 of the Federal Law on Applications).
When to file a complaint
Employees of trade or financial institutions go to a lot of tricks to attract a client in an unscrupulous way. During inspections, it turns out that the terms of the loan agreement may violate the client’s rights and do not comply with federal legislation.
You can complain about an online store or other retail outlet if you have:
- Sales of expired products;
- Failure to comply with sanitary standards for storage and distribution;
- Discrepancies between the cost indicated on the price tag and the actual price of the product.
You can also file a complaint against the store when it is short-changed or underweight.
A complaint to Rospotrebnadzor against a bank is justified if:
- Bank employees force clients to purchase additional services (insurance, payment of commission);
- Bank employees do not provide information about the provision of services (printing additional terms of the contract in small print);
- The client is obliged to issue credit cards without informing him about the presence of fees for using credit funds;
- Disclosure of client personal information.
Please note that you can complain to the bank for disclosing personal information. But you need to submit an application not to Rospotrebnadzor, but to the Federal Bureau of Information Control.
Processing time for requests
The Federal Service has three days to register the submitted application. The time to prepare a reasoned answer varies depending on:
- Need to redirect to another recipient. The transmission of correspondence occurs throughout the week;
- The need for additional checks. A standard claim that does not require additional study is considered in no more than a month.
To receive a positive response to your request, you should:
- First try to file a claim directly with the business entity. It's better to do this in writing. If the situation cannot be resolved peacefully, you will have additional evidence;
- If you want to receive monetary compensation, it is better to file a claim in court. The Federal Service does not deal with collections;
- Do not rush to send the completed document. It is better to spend time and write a competent application than to be refused.
It happens that after purchasing a product, you notice that it does not meet standards, the non-working state of certain mechanisms, a manufacturing defect (or even an expired product). Arriving at the store, you demand a refund for the product or an exchange of the product for a similar one, but are immediately refused by a careless seller. And for justice to prevail and your legal right to be satisfied, it’s time to write a complaint against a store or enterprise that provides poor-quality service or sells defective goods.
Before writing a complaint, you should thoroughly study the subject of the dispute. In addition, in addition to the law, there is a list of goods that cannot be returned, so if the subject of the dispute is on this list, writing a complaint will be pointless.
How to write a complaint to Rospotrebnadzor and against whom?
If you are absolutely sure that a violation has occurred on the part of the seller in the area of trade, feel free to write a complaint. In this case, information on how to properly file a complaint will be useful to you.
Stages of contacting Rospotrebnadzor:
- 1. Fill out in 2 copies.
- 2. In the upper right corner of the sheet, indicate the full name of the head of the organization, below is your contact information (an anonymous complaint will not be considered by the government agency).
- 3. Write the word “Complaint” in the center, and below state its essence. Recommendation: make links to articles of laws that, in your opinion, were violated by the culprit.
- 4. Do not forget to indicate the details of the culprit (full name of the individual entrepreneur, telephone number, legal addresses), if you have such information.
There are such features of filing a complaint with the Office: Rospotrebnadzor from the buyer:
- we submit a petition to the district authority; Each district has its own Office, for example, in St. Petersburg it is located at st. Stremyannaya, house 19;
- how to send? – this can be done by registered mail, submitted via the Internet (electronic complaint) or delivered personally to an authorized person;
- the application is drawn up in the prescribed form (sample can be downloaded);
- It is advisable to confirm the words of the claim with documents (for example, a check, an agreement, a written refusal from the store, a warranty card).
A letter of dissatisfaction to Rospotrebnadzor can be written not only against a store; it accepts applications against any authorities and companies that do not fulfill their official obligations to taxpayers by selling them low-quality goods or services. The list includes:
- restaurants or other catering;
- housing and communal services;
- tour operators;
- dentistry;
- veterinary clinics;
- dry cleaners;
- hairdressing salons;
- Post office;
- pharmacies, etc.
How to complain to Rospotrebnadzor about debt collectors?
It happens that the collection agency goes too far: it threatens, extracts money by force, breaks into your home, or you are bothered by frequent night calls. Rospotrebnadzor does not consider the activities of such companies to be legal at all, therefore, as soon as you correctly draw up a complaint, the government agency will begin proceedings.
In addition, you can submit a document regarding unlawful actions on the part of debt collectors at:
- Central Bank of the Russian Federation;
- prosecutor's office or police.
Complaint against the developer
More than once, things happen with the developer in such a way that the rights of investors under the equity participation agreement are violated. For example, this could be the imposition of special companies to provide services, payments for housing before the registration of the contract, etc. Such disagreements can be resolved by filing a complaint against the developer.
How can I complain to Rospotrebnadzor about neighbors for noise?
Lawlessness on the part of neighbors in a residential multi-storey building is a frequent occurrence. Constant drinking, noise, smoking on the landing - all these are violations on their part. Therefore, you always have the opportunity to restore order with the help of the competent authorities. You can submit an application:
- to the district police officer for exceeding the normal noise threshold;
- to the management company for unauthorized seizure of territories;
- to the SES for violation of sanitary standards (unsanitary conditions: garbage, cockroaches, etc.);
- V Rospotrebnadzor for the spread of harmful substances from residents throughout the territory of an apartment building.
The document is drawn up according to a standard template, indicating the full name of the person who is dissatisfied and setting out in detail the current situation.
Can you complain to Rospotrebnadzor about a bank?
Many banks distort information about commissions, impose additional services and do their best to hide important information from the client. Example: you may have claims against the bank for imposed insurance, for a loan agreement, for charging a one-time fee for opening an account, and much more. After receiving a complaint against the bank Rospotrebnadzor checks contracts and conducts investigations. If the bank is found to be at fault, fines will be imposed on it, and in some cases the financial institution will lose its license.
To the service center
When our equipment breaks down, we immediately send it to a service center for repairs. But it’s not all that simple: they may unreasonably increase the price of repairs (not according to the price list), delay the delivery of the object for a long time, or not accept it for warranty repairs. The worst thing is when you pick up your item, and after a couple of days it stops functioning again. There is a way out - contact a higher authority Rospotrebnadzor with a claim.
To the insurance
It happens that when you provide documents to the insurance company regarding an incident (for example, under compulsory motor liability insurance), you are denied repairs or insurance payment. In addition, there may be such violations:
- refusal to enter into a contract with you;
- violation of the deadlines for consideration of your application;
- inflated insurance rates and demands to pay additional money;
- imposition of other insurance products.
Important! IN Rospotrebnadzor Only individuals can write a letter!
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In the event of a conflict situation with the seller, the consumer can protect his rights by contacting Rospotrebnadzor. The organization operates at the federal level, having its representative offices in all regions of the country.
Supervisory responsibilities include reviewing consumer applications, conducting examinations and issuing an opinion on the merits of the claim. Rospotrebnadzor has the authority to conduct unscheduled inspections based on signals from citizens and make determinations against organizations that have violated trade regulations.
The Chief Supervisory Authority is established to protect the rights of consumers in all consumer transactions, including consumer goods and services. Claims against medical, banking, and utility organizations are also considered upon submission of an application.
Violation of the rules of the hostel by neighbors and the management company, construction or insurance companies requires an appeal to the main supervisory authority for consumer protection.
In modern conditions, you can use the services of the official portal on the Internet. By submitting an application online, you can count on a timely and thorough investigation. The scope of tasks and official responsibilities that Rospotrebnadzor solves is includes the following areas:
- consultation of citizens on consumer rights, receiving applications and complaints;
- control over the implementation of various types of trade promotions, promotional events and receipt of prizes;
- sanitary control of public, social and civil institutions;
- checking the quality of food products from all trade segments;
- test purchases and unscheduled inspections at public catering establishments;
- health checks of foreign citizens arriving in our country for work and residence;
- compliance with the Labor Code of the Russian Federation, control of the activities of legal entities and individual entrepreneurs;
- prevention and warning of the population in the field of healthy lifestyle and epidemic prevention.
Despite such an extensive list of tasks, the majority of citizen complaints concern conflicts with trade structures and companies providing consumer services.
When a buyer has purchased low-quality goods or services, the first step is to establish an authority that will deal with the problem. Of course, you can file a claim in court if there are compelling reasons. But conducting a pre-trial review helps resolve the issue faster and no less effectively. Moreover, the court has a positive attitude towards the fact that the plaintiff, represented by the consumer, tried to resolve the dispute peacefully, and has in hand the conclusion of Rospotrebnadzor.
A statement of violation of consumer rights must be strictly reasoned, exclude emotions and be supported by factual materials. The applicant should remember that a groundless complaint will not be allowed for consideration; if there are errors or unclear points, it will be returned for revision. The consumer has the opportunity to make a claim if the seller refuses to comply with the terms of the trade regulations established by the Federal Law “On the Protection of Consumer Rights”. Basic provisions of the law consist of the following legal provisions:
- 1. The buyer has the right to quality goods and services. The seller is obliged to notify about the presence of defects before concluding the transaction, while reducing the price of the goods.
- 2. Safety is one of the main conditions of purchase. The presence of qualities and characteristics of a product that threaten the health and life of the buyer leads to criminal liability for the seller.
- 3. The seller must provide documentary and information services to familiarize the purchaser with the properties of items and services. In this case, it does not matter when and whether the citizen intends to purchase products at all.
- 4. The seller is directly responsible to the buyer for poor quality goods. Goods of good quality can also be returned within the established time frame without explanation.
The applicant must indicate what he expects as a result of the inspection and what violation he draws the attention of the supervisory authority to.
A fair indication of the violations that affected a specific person will help other buyers not to fall for a low-quality product. This is due to the fact that filing an application sometimes triggers an unscheduled due diligence audit of the trading organization. Identified violations result in significant fines for those found guilty of non-compliance with trading rules. The presence of several statements from independent citizens about violations of one legal entity under control will allow the closure of a retail outlet for several months and the imposition of large fines.
Information received by Rospotrebnadzor from dissatisfied consumers undergoes strict control and verification. Sometimes independent examinations are required to confirm or reject the seller’s guilt. Participants in the conflict should be aware that the payment for the work of experts is ultimately made by the losing party. Before proceeding with the dispute, certain steps must be taken:
- try to resolve the issue peacefully. Explain to the other party to the conflict all the consequences of contacting the supervisory authorities. The work carried out must be documented, which will allow you to substantiate your position when writing a complaint;
- a complaint is a legal document, so you should exclude emotions and focus on the essence of the matter. The description of the situation should be consistent, but brief enough;
- the application must contain references to legal provisions. It is necessary to indicate what rules and laws the opposing party violated;
- decide on the review period. The standard request is to resolve the claim within 10 days;
- the evidence base must be present in full, copies of receipts, checks, and other documents confirming the purchase must be attached. If proof of payment is not available, evidence of the purchase made at the point of sale may be required.
It will not be possible to file a complaint anonymously or without evidence, since such statements are not accepted for consideration. An entry in the book of complaints and suggestions, which must be present at each outlet, is sufficiently convincing for the supervisory organization.
How to write a complaint to Rospotrebnadzor
Applications from citizens are accepted online on the official portal of Rospotrebnadzor. The text of the appeal must contain the necessary information regarding the claim. An example would be a discrepancy between the price, grade, and other characteristics of the purchased product stated in the price tag or invoice. You will need to indicate a specific name, attach a photo of the payment document and, if possible, the price tag. The displayed discrepancy will be the main argument for starting the check.
When writing an application on the official portal, you should adhere to established sequence when filling:
- select the “Rospotrebnadzor” tab;
- sequentially go to “Citizens’ Appeal”;
- followed by “Appeal Form”;
- You should fill in all the required fields, try not to put dashes or empty lines;
- attach photographs taken regarding the case;
- write your email address;
- Enter the code and submit your application by pressing a key.
Contents and form of filing a complaint
An electronic application is accepted for consideration if there are grounds. If the complaint is rejected for objective reasons, the applicant will receive a response indicating the reason for the refusal. Basically, the reasons are insufficient evidence, unclear and illiterate treatment. Therefore, before sending a complaint, you should weigh all available arguments and build a logical connection between the violated rights and the appeal to Rospotrebnadzor.
The consumer has the right to point out existing violations by referring to articles of the law, but professional control bodies will draw conclusions.
You should not write that as a result of the incident, the buyer is demanding that the trade organization be closed; Rospotrebnadzor will draw such conclusions on its own during the verification of the complaint. If you have a problem and your rights have been violated, do not delay contacting us; they will always help you and sort out the situation.
Drawing up complaints to Rospotrebnadzor
A complaint to Rospotrebnadzor for the protection of consumer rights is an example of the enforcement of civil rights and one of the methods for improving the overall quality of service and increasing the level of products offered to ordinary customers. In order to fill out this document correctly, you can use the form and familiarize yourself with the sample. But each specific situation requires its own approach.
FILES
In what cases should I contact
The most common reasons for filing complaints:
- A product was sold of inadequate quality (defective, after the expiration date, etc.), and the seller refused to return the money for it.
- The organization refused to serve any person.
- The substitution of one product or service for another is organized.
- Absence of “identification marks” and certificates of conformity on the product.
- The product had hidden properties that the seller kept silent about in his own interests.
- Along with one product, the purchase of another is imposed.
- Personal insult.
The peculiarity of the Russian mentality is that protecting one’s own interests is perceived as humiliation. But in Europe and other countries, filing a complaint is considered an act of positive citizenship and is highly encouraged. Even if you were rude in a store, you can defend your rights by getting an unscheduled inspection by Rospotrebnadzor.
Ways to file a complaint
The most effective way to submit is to appear to the official in person and hand over a printed and completed complaint. In this case, you must have identification documents with you. You can also register on the department’s website, fill out the electronic fields of the form and wait for a response. But in this case, the person who filed the complaint will not have any evidence that the complaint was filed.
For your information! If it is not possible to apply in person, then they resort to sending the document by registered mail. In this case, the sender will have confirmation of delivery in his hands. Such evidence will be a powerful argument when going to court.
Procedure and terms of consideration
The complaint must be registered in the internal documents of Rospotrebnadzor within three working days, counting from the date of filing. Moreover, the person submitting the paper must have information whether the document has been registered or not. Rospotrebnadzor employees, according to existing legislation, must respond to a complaint within a calendar month - 30 days. In this case, the answer can be not only a solution to the described problem, but a kind of report to the citizen about the work carried out or planned to be carried out.
Elements of the complaint
In the upper right corner there is always an appeal to a specific official. Mention of the position is required. It would be good if the full name of the head of the Office of the Federal Service for Supervision of Consumer Rights Protection and Welfare in any area is indicated (the employee is different in each region), but this is not necessary.
The applicant’s details are also indicated here: last name, first name, patronymic, contact phone number and address.
Further, “Complaint” is displayed large in the center of the sheet. Despite the fact that the law prescribes a free form of presentation, there are still rules that must be followed for a full-fledged process of communication with Rospotrebnadzor.
First, the situation that occurred is described as specifically as possible, with precise indications of addresses and names. In most cases, a product was purchased. Without clarifying the following details, consumer protection will not be able to help:
- Full name of the person who made the purchase. If this is not the person who applied, then the connection is registered - relative, trustee, etc.
- The full name and address of the institution where the purchase was made, as well as the name of the seller or individual entrepreneur.
- What exactly was purchased, at what cost.
- Time and date of purchase.
- What points require careful study by Rospotrebnadzor.
- Have independent actions been taken to restore justice?
- What measures need to be taken in accordance with the above factual data.
- Which laws were violated?
A reference to the legislative framework provides powerful support for the general line of appeal. The complaint acquires a specific background. In some cases, such documents are sent directly to the prosecutor's office.
What may be broken
Citizens do not have the right to apply to Rospotrebnadzor for the Protection of Consumer Rights in all cases. This department deals with a narrow range of tasks related to violations of citizens’ rights in the following areas:
- Compliance with sanitary legislation.
- Excise trade norms (presence of labels, receipts, and other identification marks on products).
- The overall quality of the product that hits the shelf.
Attention! It must be borne in mind that goods include both material assets and services.
The market is large, a violation of rights can occur both in the market, in a trading tent, and in an educational institution that provides paid educational services, or in a bank. In a word, wherever sums of money were collected from the buyer.
In what cases will a complaint not be accepted for consideration?
The interaction between consumers of goods and services and Rospotrebnadzor is regulated by Law No. 59-FZ. It spells out the main points in which the service is obliged to provide assistance or cannot do so. For example, she does not have the right to answer if:
- The applicant did not indicate his address (which is especially important when sending a complaint by mail).
- If the document contains obscene language or threats.
- The complaint cannot be clearly understood, the phrases are vague, the wording is vague. In this case, the answer about the impossibility of correct acceptance must come no later than 7 working days from the date of application.
- In the case where the applicant sends many complaints for consideration of the same situation, and the previous time it was answered.
- If an employee of Rospotrebnadzor is obliged, when fulfilling a request (stated in the complaint), to violate a secret protected by law, etc.
At the same time, the law provides that even if Rospotrebnadzor cannot take specific steps, a response to the complaint must still be received.
How many copies will be required?
It would be best to print out the complaint to Rospotrebnadzor for the Protection of Consumer Rights in two copies. One is handed over to the service itself to carry out the relevant work, and the second remains with the applicant, with a mark on it indicating that the document has been entrusted.