A claim for consumer protection, compensation for damages and compensation for moral damage.
To the district court No. 2 of Almaly district of Almaty.
Plaintiff: A-a G-a Tyshtykbayevna, born on 03/23/1976, IIN ..........,
residential address: Almaty region, Karasai district,
S. And..., room 117, room 646, cell phone + 7 ......
Defendant: Dental Clinic S, represented by Director Z. A. IIN
legal address: Almaty, Almaly district, Seifullin ave., d..., N.P.
193.In accordance with the sub-item. 7) paragraph 1 of Article 541
of the Tax Code of the Republic of Kazakhstan
plaintiffs on claims related to violation of consumer rights,
are exempt from payment of the state duty.
The claim
on consumer protection, compensation for damages and compensation for moral damage.
On July 26, 2024, the plaintiff applied to the S dental clinic for a consultation with a surgeon U. N. Abduzhalelovich on the installation of an implant and made a payment in the amount of 260,000 (two hundred and sixty thousand) tenge.
On 08/02/2024, the plaintiff underwent an operation to build up bone tissue and install an implant. The procedure lasted more than 4 hours and was performed by the same surgeon. During the operation, gross violations of sanitary standards were committed: assistants dropped tools, the doctor himself left the office in search of the necessary materials, which I consider unacceptable. After the operation, complications arose: severe swelling, a wound that did not heal for a long time, and pain in a healthy neighboring tooth. That's when I think its root was damaged, which is reflected in the X-ray image. The plaintiff also had headaches, high blood pressure, dizziness, nausea, bruising on his face, eating disorders and inability to work properly. On August 09, 2024, the stitches were removed.
On 08/22/2024, the plaintiff complained to the clinic about the pain. The doctor reported that the second tooth was damaged and the implant needed to be removed due to improper installation - the size turned out to be unsuitable, which is a gross professional error. Thus, upon repeated treatment, the doctor informed that the implant was installed incorrectly and had to be removed.
On 08/24/2024, the implant was removed and bone grafting was performed. On 05.09.2024, the stitches were removed. On 11/15/2024, a second implantation was performed, the operation lasted more than 3 hours, which also proved unsuccessful, as the plaintiff began to have severe swelling.
On 12/12/2024, at a consultation, it turned out that the second installation was also unsuccessful. The doctor suggested contacting another surgeon, Lazaridi Y.K., promising a free operation to the plaintiff for the installation of an implant and gum correction.
On 12/26/2024, the plaintiff went for a consultation with L.Y.K., he took an X-ray and determined a treatment plan for the amount of 975,000 tenge. U.N.A. agreed with this amount. Lazaridi Y.K. told me to remove the implant, as there was an inflammatory process, and scheduled an appointment in 6 months. The plaintiff trusted the doctor At N.A. on the same day, U. N.A. removed the implant and informed about the need to wait 6 (six months) months.
On 05/30/2025, the plaintiff came for a second consultation with L... Y.K. took a new picture . According to his conclusion, the second tooth can no longer be implanted due to the destruction of bone tissue caused by three unsuccessful operations. He refused further treatment, explaining that he was not familiar with U.N.A. The plaintiff was refused treatment, despite their previous agreements. On the same day, the plaintiff turned to U.N.A. treatment was refused. There were also no alternative options or consultations. In a rude way, the doctor said that they should sue, and the plaintiff also appealed to the director of Zu A.M. LLP himself, but the issue was never resolved.
In addition, during the treatment, the plaintiff was infected, which led to prolonged and repeated medication. Throughout the entire time, the plaintiff was worried about headaches and general deterioration of his health, which significantly reduced the quality of life of the plaintiff.
On 05/31/2025, I received a written medical report, according to which it is recommended:1. Bone grafting of the tooth; 2. Gum treatment in the tooth area 1.2; 3. Re-diagnosis and planning of tooth implantation 1.1; 4. Monitoring of tooth condition 1.2.
This conclusion confirms the need for additional medical interventions directly related to the inadequate quality of services provided by the defendant in the amount of 3,000,000 tenge.
Despite repeated requests, the S clinic refused to treat the plaintiff, refund funds, provide medical documentation and eliminate the consequences caused.
These arguments, in addition to oral statements by the doctor and the director of the clinic, are confirmed by pre-trial claims sent to the defendant through Kazpost JSC. There were no responses from the defendant. Thus, the services were provided of inadequate quality, harm was caused to the plaintiff's health and property losses.
On the basis of the Law of the Republic of Kazakhstan "On Consumer Rights Protection", the Civil Code of the Republic of Kazakhstan and the CPC of the Republic of Kazakhstan, please:
1. To recover from the defendant "Dental clinic S" in the person of the director For A. IIN ... in favor of the plaintiff Mr. Tyshtykbayevna, the cost of services paid but rendered of inadequate quality is in the amount of 260,000 (two hundred and sixty thousand) tenge.
2. To recover from the defendant "Dental clinic S" in the person of the director For A. IIN.. in favor of the plaintiff The cost of the necessary follow-up treatment is approximately 3,000,000 (three million) tenge (the amount can be clarified during the trial).
3. To recover from the defendant "Dental clinic S" in the person of the director For A. IIN ... in favor of the plaintiff Ms. Tyshtykbaevna suffered moral damage in the amount of 3,000,000 (three million) tenge.
4. Collect court costs from the Defendant in favor of the Plaintiff.
Applications:
1. A copy of the statement of claim for the Defendant.
2. Receipt of payment for services (260 000 tenge).
3. Medical report dated 05/31/2025.
4. Other medical documents and appointments (extracts, X-rays, certificates of infection treatment).
5. Sending a claim.
6. Power of attorney, statement.
7. Photos and correspondence with the defendant's doctor.
8. Statement of claim security.
9. Fiscal receipts for 260,000 tenge, 98,000 tenge, 150,000 tenge, and 12,595 tenge.
Plaintiff represented by A.A. signed EDS
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