Claim for Consumer Protection, Compensation for Damages and Moral Harm
To District Court No. 2 of the Almaly District of Almaty.
Plaintiff: AGT, born on 23.03.1976, IIN 760323401256, residential address:
Almaty Region, Karasai District, village I…, plot …,apt. 117, plot …, mobile phone +7 775 ..
Defendant: “Smile Avenue Dental Clinic”
represented by its Director Z A., IIN ……
Legal address: Almaty, Almaly District,
Ave. …., building …., Non-Residential Premises 193.
Pursuant to subparagraph 7) of paragraph 1 of Article 541 of the
Tax Code of the Republic of Kazakhstan, plaintiffs in claims related to
violations of consumer rights are exempt from payment of the state duty.
Claim
for consumer protection, compensation for damages and compensation for moral harm
On July 26, 2024, the Plaintiff applied to the AS dental clinic for a consultation with the surgeon U.N. Abduzhalelovich regarding the installation of an implant and made a payment in the amount of KZT 260,000 (two hundred sixty thousand).
On August 2, 2024, the Plaintiff underwent an operation for bone tissue augmentation and implant placement. 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 instruments, the doctor himself left the room 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 adjacent tooth. I believe that its root was damaged at that time, which is reflected in the X-ray image. The Plaintiff also experienced headaches, elevated blood pressure, dizziness, nausea, a bruise on the face, impaired nutrition, and inability to work fully.
On August 9, 2024, the stitches were removed.
On August 22, 2024, the Plaintiff contacted the clinic with complaints of pain. The doctor informed her that the second tooth had been damaged and that the implant had to be removed due to improper placement — its size turned out to be unsuitable, which constitutes a gross professional error. Thus, upon the repeated visit, the doctor informed the Plaintiff that the implant had been improperly placed and was subject to removal.
On August 24, 2024, the implant was removed and bone grafting was performed. On September 5, 2024, the stitches were removed.
On November 15, 2024, a repeat implantation was performed; the operation lasted more than 3 hours, which also proved unsuccessful, as the Plaintiff developed severe swelling.
On December 12, 2024, during a consultation, it was determined that the second implantation had also been unsuccessful. The doctor suggested contacting another surgeon, L.Yu.K., promising the Plaintiff a free operation for implant placement and gum correction.
On December 26, 2024, the Plaintiff went for a consultation with L.Yu.K.; he took an X-ray and determined a treatment plan in the amount of KZT 975,000. U.N.A. agreed with this amount. L.Yu.K. said to remove the implant because there was an inflammatory process there and scheduled an appointment for 6 months later. The Plaintiff trusted doctor U.N.A.; on the same day, U.N.A. removed the implant and informed her of the need to wait for 6 (six) months.
On May 30, 2025, the Plaintiff came for a follow-up consultation with L.Yu.K., who took a new X-ray. According to his conclusion, the second tooth could no longer be implanted due to destruction of the bone tissue caused by three unsuccessful operations. He refused further treatment, explaining that he was not acquainted with U.N.A. The Plaintiff was refused treatment despite their previous agreements. On the same day, the Plaintiff contacted U.N.A.; treatment was refused. No alternative options or consultation were provided either. The doctor stated in a rude manner that she should file a lawsuit. The Plaintiff also contacted the Director of the LLP, Z A.M., but the matter remained unresolved.
In addition, during the treatment, an infection was introduced into the Plaintiff, which resulted in prolonged and repeated medication treatment. Throughout this entire period, the Plaintiff suffered from headaches and a general deterioration in her health, which significantly reduced the Plaintiff’s quality of life.
On May 31, 2025, I received a written medical opinion, according to which the following was recommended:
- Bone grafting of tooth 1.2;
- Gum treatment in the area of tooth 1.2;
- Repeated diagnosis and planning of implantation of tooth 1.1;
- Monitoring of the condition of tooth 1.2.
This opinion confirms the need for additional medical interventions directly related to the improper quality of the services provided by the Defendant in the amount of KZT 3,000,000.
Despite repeated requests, the AS clinic refused to provide the Plaintiff with treatment, refund the money, provide medical documentation, and eliminate the consequences caused.
These arguments, in addition to the oral statements of the doctor and the clinic director, are confirmed by the pre-trial claims sent to the Defendant by JSC Kazpost. No responses were received from the Defendant.
Thus, the services were provided improperly, harm was caused to the Plaintiff’s health, and property losses were incurred.
Based on the Law of the Republic of Kazakhstan “On Protection of Consumer Rights,” the Civil Code of the Republic of Kazakhstan and the Civil Procedure Code of the Republic of Kazakhstan,
I request the court to:
- Recover from the Defendant, “S.A.. Dental Clinic,” represented by Director Za A., IIN .., in favor of the Plaintiff AGT G.T., the cost of the services paid for but provided improperly — in the amount of KZT 260,000 (two hundred sixty thousand).
- Recover from the Defendant, “Smile Avenue Dental Clinic,” represented by Director Za A., IIN …, in favor of the Plaintiff AGT Gaziza T…, expenses for necessary subsequent treatment — approximately KZT 3,000,000 (three million) (the amount may be specified during the court proceedings).
- Recover from the Defendant, “Smile Avenue Dental Clinic,” represented by Director Za A., IIN .., in favor of the Plaintiff AGT G..T.., compensation for moral harm in the amount of KZT 3,000,000 (three million).
- Recover from the Defendant in favor of the Plaintiff the court expenses.
Attachments:
- Copy of the statement of claim for the Defendant.
- Receipt for payment for services (KZT 260,000).
- Medical opinion dated 31.05.2025.
- Other medical documents and prescriptions (extracts, X-ray images, certificates regarding treatment of the infection).
- Proof of sending the claim.
- Power of attorney, extract.
- Photographs and correspondence with the Defendant’s doctor.
- Application for interim measures.
- Fiscal receipts for KZT 260,000, KZT 98,000, KZT 150,000, and KZT 12,595.
Plaintiff represented by S.A.A.signed with an electronic digital signature (EDS)
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
Attorney at Law Almaty Lawyer Legal Services Legal Advice Civil Criminal Administrative Cases Disputes Protection Arbitration Law Firm Kazakhstan Law Office Court Cases
