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Hello, dear members of the group. The Barnaul Euroset has burned out. Just now one woman, no longer young, a month away from retirement, turned to me for help. She described a situation that left me slightly shocked. It seemed to me that large companies had stopped engaging in basic scams. But I was deeply mistaken. The Euroset-Retail LLC network was scaled by its cynicism. I’ll probably move on to the main thing. To this woman’s story itself. The bank called the bank's hotline. By the way, the woman had no complaints against the bank. And they told her that this was her product purchased and had nothing to do with the bank. I advised and helped her contact Rospotrebnadzor and the Prosecutor's Office of the Russian Federation. They filed a complaint and the company's address, and sent a complaint against the seller to the Prosecutor’s Office of the Russian Federation through the online reception. The claim, as expected from a woman, was brought to that same store as expected. This is where miracles began to happen. The seller and the director were not there, and the store refused to accept the claim , referring to the job description. Explaining that claims are accepted at the legal address in Moscow. And they also showed the price list of what the ViP smartphone package is. The ViP smartphone package service includes: 1.Film sticker; 2.Device activation; 3. Installation of 20 games to choose from; 4.Mail setup. If there are almost no questions about the first point, except perhaps why the seller did not provide information that the film sticker in this case on glass is a paid service and did not announce the cost. But activation of the device, what is it. As the sellers explained, this is what the seller inserted SIM card and turned on, which is essentially the seller’s responsibilities under the purchase and sale agreement. Even officials in Rospotrebnadzor were surprised. And the rest of the services were not even offered. That is, the seller deliberately went to conceal the required services, which is seen as signs of a crime stipulated Part 1 Article 159 of the Criminal Code of the Russian Federation from the seller directly. So, to send a claim to the company, we sent a registered letter. And in


Solution in a civil case

Case No. 2-10/2016 DECISION

IN THE NAME OF THE RUSSIAN FEDERATION

Magistrate of judicial district No. 1 of Ozersk, Chelyabinsk region Sukhinina S.V.

under secretary O.S. Remezova

having considered in open court a civil case on the claim of Nabrodov against the Ural Branch of the limited liability company Euroset-Retail for the protection of consumer rights

INSTALLED:

Nabrodov A.A. filed a lawsuit with the present statement of claim against the Ural Branch of the limited liability company Euroset-Retail (hereinafter referred to as Euroset-Retail LLC), citing the fact that on September 27, 2015 he was in the Euroset-Retail LLC store, located in Ozersk, Chelyabinsk region, Karl Marx Ave. 11 “a”, acquired smartphone LENOVO Z90 VIBE SHOT LTE GRAY, s/n on credit, costing 33,179 rubles. The purchased smartphone comes with a 1-year warranty. Immediately after purchasing the smartphone, he came home and found about 16 “broken” pixels of different diameters on the display. The next day, September 28, 2015, he came to the Eroset-Retail LLC store with a claim, which was accepted along with his phone, giving him a receipt stating that the product was sent for quality control under warranty. On October 22, 2015, the goods were returned to the retail outlet after a quality check with a Certificate of Technical Condition for the work performed, which states in the “Work Completed” column that the presence of three defective subpixels on the device display, according to the manufacturer’s policy, is not considered a warranty defect.

Taking into account the updated claims, he asks the court to terminate the purchase and sale agreement dated September 27, 2015 for a LENOVO smartphone purchased on credit, under the loan agreement dated September 27, 2015, concluded between A.A. Nabrodov. and Euroset-Retail LLC. Terminate the loan agreement dated September 27, 2015, concluded between A.A. Nabrodov. and LLC CB Renaissance Credit.

To recover from the defendant Euroset-Retail LLC cash paid for goods in the amount of 33,179 rubles, examination costs - 8,000 rubles, interest paid on the loan in the amount of 6,018.12 rubles, bank commission for making payments on the loan - 250 rubles, penalty in the amount of 3,641 rubles, fine , as well as compensation for moral damage in the amount of 2,300 rubles, costs of transporting goods.

At the court hearing, plaintiff Nabrodov A.A. insisted on the claims. He explained that to date he had made six payments on the loan, according to the payment schedule, in the amount of 3,569.48 rubles each for a LENOVO smartphone, the cost of which for him turned out to be 33,179 rubles, instead of the stated price on the price tag of 29,990 rubles, since the seller who issued the loan the agreement did not remove the “Smartphone VIP+ Package” service. They were also paid 8,000 rubles for the examination. He asked the court to recover in his favor from Euroset-Retail LLC 33,179 rubles, which was transferred for him to Renaissance Credit CB LLC, interest paid by him under the loan agreement in the amount of 6,018.12 rubles, a bank commission in the amount of 250 rubles, a penalty from October 09, 2015 in the amount of 1% of the amount of 33,179 rubles in the amount of 3,641 rubles, compensation for moral damage of 2,300 rubles and 2,500 rubles - the cost of a taxi to Chelyabinsk to deliver the phone for examination. And also to terminate the purchase and sale agreement dated September 27, 2015 for a LENOVO smartphone purchased on credit, under the loan agreement dated September 27, 2015, concluded between A.A. Nabrodov. and Euroset-Retail LLC. Terminate the loan agreement dated September 27, 2015, concluded between A.A. Nabrodov. and LLC CB Renaissance Credit.

The representative of the defendant Euroset - Retail LLC did not appear at the court hearing; before the consideration of the case, a response was received from him, in which they indicated that they did not agree with the claims, since the defendant had fulfilled its obligations under the purchase and sale agreement cell phone performed properly. During the further operation of the phone, the plaintiff discovered shortcomings in the operation of the device. The stated requirement to conduct a quality check of the cell phone was fulfilled by the defendant within the period established by law; no defect was discovered. The presence of three defective pixels is not a disadvantage. In relation to a technically complex product, if defects are discovered in it, the consumer has the right to refuse to fulfill the purchase and sale agreement and demand the amount paid for the product, or make a demand for its replacement with a product of the same brand within fifteen days from the date of transfer of such goods to the consumer. The statement of claim cannot be satisfied, since clause 1 of Art. The Law “On Protection of Consumer Rights” does not provide for the demand stated by the plaintiff as one of the types of consumer protection. This provision of the law provides for the consumer’s right to refuse to fulfill the sales contract and demand a refund of the amount paid for the goods (case file 42).

The court invited CB Renaissance Credit LLC to participate in the case as a co-defendant. The representative of CB Renaissance Credit LLC did not appear at the court hearing; he was duly notified of the place and time of the consideration of the case; before the consideration of the case, he sent objections to the statement of claim, in which he asked A.A. Nabrodova to satisfy the claims. to LLC CB "Renaissance Credit" to refuse, since the loan agreement dated September 27, 2015 was concluded in the form of acceptance by A.A. Nabrodov. and Bank offers. The plaintiff sent to the Bank an application for a loan and an offer to conclude a bank account agreement, asking for a loan to purchase goods from the trading company Euroset-Retail LLC and its partners. On September 27, 2015, the Plaintiff accepted the Bank’s offer by signing a loan agreement, expressing agreement with its terms. According to the loan agreement, integral parts of the agreement are the General Conditions for Granting Loans and Issuing bank cards individuals LLC CB "Renaissance Credit" Having signed the loan agreement Nabrodov A.A. voluntarily expressed his consent to the terms of the loan agreement. Based on the loan agreement and loan application received by the Bank, signed by the Plaintiff on September 27, 2015, on September 28, 2015, the Bank opened an account for the Plaintiff, credited the loan amount in the amount of 33,179 rubles to the account, and transferred funds to pay for the goods. According to the payment order dated September 29, 2015, funds in the amount of 33,179 rubles were transferred to the account of the organization Uralsky Branch of Euroset - Retail LLC, the details are specified in clause 11 of the loan agreement. There is no dispute between the seller and the Plaintiff regarding the receipt of funds in payment for the goods. The Bank fulfilled its obligations to the Plaintiff in full and properly. The plaintiff used the loan amount provided to him at his own discretion. The Bank did not receive any complaints regarding the quality of services provided by the Bank or the termination of the loan agreement. The Bank is not at fault in terminating the sales contract or in the quality of the goods. The Bank is not a party to the purchase and sale agreement. The bank fulfilled its obligations under the loan agreement properly (case sheets 52-55).

After hearing the plaintiff and examining the case materials, the court partially satisfies the claim.

1. A person whose right has been violated may demand full compensation for the losses caused to him, unless the law or contract provides for compensation for losses in a smaller amount.

2. Losses are understood as expenses that a person whose right has been violated has made or will have to make to restore the violated right, loss or damage to his property (real damage), as well as lost income that this person would have received under normal conditions of civil circulation, if his right had not been violated (lost profits).

If the person who violated the right received income as a result, the person whose right was violated has the right to demand compensation, along with other damages, for lost profits in an amount not less than such income.

DECIDED:

Nabrodov's claim against the Ural branch of the limited liability company Euroset-Retail for the protection of consumer rights was partially satisfied.

Terminate the purchase and sale agreement for the LENOVO Z90 VIBE SHOT LTE GRAY smartphone, s/n dated September 27, 2015, concluded between the Ural Branch of the limited liability company Euroset-Retail and Nabrodov.

Terminate the loan agreement dated September 27, 2015, concluded between the limited liability company CB Renaissance Credit and Nabrodov.

Oblige Nabrodov to return the LENOVO Z90 VIBE SHOT LTE GRAY smartphone, s/n, to the Ural Branch of the limited liability company Euroset-Retail

To recover from the Ural Branch of the limited liability company Euroset-Retail in favor of Nabrodov, money paid for the goods in the amount of 21,416.88 rubles, a penalty in the amount of 3,641 rubles, legal expenses in the amount of 8,000 rubles, in compensation for moral damage - 2000 rubles, bank commission - 250 rubles, fine for failure to voluntarily meet consumer requirements 13,528.94 rubles, and a total of 48,836 (forty-eight thousand eight hundred thirty-six) rubles 82 kopecks.

To recover from the Ural Branch of the limited liability company Euroset-Retail in favor of the limited liability company CB Renaissance-Credit money in the amount of 21,416 (twenty-one thousand four hundred sixteen) 85 kopecks.

To collect from the Ural branch of the limited liability company Euroset-Retail a state duty in the amount of 1894.24 rubles for the local budget.

The rest of the claims are rejected.

The decision can be appealed within a month to the Ozersk City Court through the magistrate of judicial district No. 1 of Ozersk, Chelyabinsk region. Magistrate S.V. Sukhinina

Court:

Judicial precinct No. 1, Ozyorsk (Chelyabinsk region)

Judges of the case:

Sukhinina Svetlana Valerievna (judge)

Judicial practice on:

Lost profit

Arbitrage practice on the application of the norms of Art. 15, 393 Civil Code of the Russian Federation


Compensation for losses

Judicial practice on the application of Art. 15 Civil Code of the Russian Federation