BE PROTECTED, THE SIR!.
BE PROTECTED, THE SIR!.
The feigned transaction.
What is it?
We do not think more often of contracts which we sign.
The inhabitant of Ekaterinburg K in the beginning of 1994 has brought in cash desk
"Uralmedstroja" about 20 million roubles, and to it it has been promised by the end
The same year new apartment an estimated cost of 40 million.
Other part of the sum should be brought after habitation reception. But in
1994, even in 1996 the habitation has not appeared. Moreover, building
At home it has been actually frozen also prospects remained the extremely unsteady.
When the client has intended to address in court and has taken out
The contract signed by it it was found out, what is it the contract at all about
To service, and about joint activity. That is it is commercial
The agreement, mutual relations of the parties in which are not regulated by the Law of the Russian Federation "About
To protection of the rights of consumers ".
However the situation nevertheless was not desperate.
Is, it appears, concept of the imaginary or feigned transaction. It when
The parties sign the contract on one, and mean absolutely another.
Having proved the fact svershenija the feigned transaction, it can be challenged. As was
It is made by the lawyer of a Sverdlovsk regional society of protection of the rights of consumers
"Guarantor".
Besides, as apartment to receive in the foreseeable future not
It was represented possible, the lawyer has given the inquiry on an index in court
Consumer prices since May, 1994. The index has made 658,9 percent. In
Result the court has suggested the respondent to return paid there is no time the sum with the account
Indexations that has made 128 million roubles.
If round is not has gone right.
Not always problems of the rights of consumers on transport are simply solved.
Family A from three persons has decided to have a rest in Spain. Travel
Began in Moscow. But a train "Urals Mountains" because of failure on a site Gorki
The railway was late in capital at 10 o'clock, and the group started in
Spain without ours uraltsev.
The tour agency agreed perebronirovat round, but renewal
Visas would occupy at least 10 days, and the family has been compelled to return in
Ekaterinburg. The railway has apologised for delay of a train and
Has expressed readiness to pay the penalty for 10 hours of delay. But not
More, explaining it that its direct fault was not, the train was late because of
Failures, and tourists should receive indemnification from tour agency. Lawyers of a society
"Guarantor" it have challenged, and the court has obliged the railway to compensate cost
Round. And here from the requirement of compensation of moral harm it was necessary
To refuse, as it is really awarded only in case of a straight line
Fault of the respondent.
Not less troubles happens and because of the tourist
Firms. Ekaterinburzhets F has presented to the wife 6-day round to France, not
Suspecting, that firm "Round-forte" has prepared for it the surprise. The spouse,
Not without effort having achieved at job of carrying over of holiday, has already laid suitcases,
When some hours prior to a start to it have phoned, that a trip
Will not take place. Being next morning in firm office, the tourist of anybody there
Has not found out. The head of the company appeared only later two weeks and
Promised to return money. However F insisted on a trip. A trip
Has taken place only after a month.
Continuation of an epopee was related to its beginning. Promised 4-stars
The hotel in the centre of Paris has appeared mean hotel on suburb without
Phone, whence to izyskov the European capital it was necessary long
To reach by the underground. The area of residing was Arabian quarter, where
Occurrence without special defensive equipment is fraught with the large
Troubles. Anyway, here it is not recommended to tourists to go in
The single. Having returned, F it has been so revolted, as to hear did not want about
Any indemnifications for inconveniences - only compensation of all expenses.
Lawyers have managed to convince court of validity of requirements about return of the full
Costs of a trip and compensation of the moral harm, which size, the truth,
By court has been lowered with 10 to one million.
Goods exchange:
Sewed on soap.
Conflicts on an exchange of the poor-quality goods are not bad resolved.
So, for example, drudgeries of consumer JU, long time of the trying
To replace the poor-quality TV in cost of 1,5 million roubles, lawyers
Societies have estimated in 8 million roubles. The court has agreed with this sum. In
Result the consumer has received not only the new TV, but also rather
Essential indemnification for the caused inconveniences. The respondent on business was
Manufacturer as to establish a site of the seller not
It was represented possible.
The resulted examples tell about results apellirovanija to
To court, the chairman of the Sverdlovsk regional makes comments on these histories
Societies of protection of the rights of consumers "Guarantor" A.Jakovlev. However follows
To mean, that 80 percent of affairs manage to be resolved in a pre-judicial order.
This way is always more preferable to the consumer, as less
Long, less formal and less expensive: disposal of legal proceeding in
Courts sometimes lasts for 7-8 months, demands a weight presentation
Confirming documents (the conclusions of examinations, statdannyh, inquiries),
Which reception should be paid. A pre-judicial order at presence
Common sense and cold calculation at the respondent allows all it
To avoid. It is desirable, that negotiations were conducted by the not interested person
(More precisely, interested in one - in the prompt settlement of the conflict):
In him there is no aggression and mutual insult. Therefore at possibility,
Advises A.Jakovlev, always use advantages of the intermediary.
As a whole practice of the permission of conflict situations says, that,
If the consumer resolves to pass a hard way of protection of the rights from
The beginning and to the end, it by all means is expected by success.
Love VASILEVA.
//* an information Source: the Russian newspaper, 19.06.98
//* Reg. Nom. - 1080600150.11-------------------------------------------
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