Claim for improper performance of services provided
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D.K.G. Dentistry "F.D." G. Gitikar, .....
from sh.r.V. g. g. Zhitikar, 35 p... str. cell. 8-705-....
Claim
Earlier, in November 2020, we signed a service agreement, namely, bite correction using a braces system for my son Sh.A., born in 2007. After 9 months, namely in August 2021, you said that using a braces system was enough and it was necessary to remove it and install it on the teeth retailers. However, when we agreed to install a braces system in November 2020, you didn't tell me anything about the service life and the installation of bite correction retainers. The retainers that you installed were installed poorly and did not hold on to the teeth. And this has happened repeatedly. Currently, in my opinion, you have not provided an appropriate bite correction service, your son's bite remains in the same condition as before contacting you. Thus, you provided a substandard service. According to Article 24 of the Law of the Republic of Kazakhstan "On Consumer Rights Protection", the contractor is obliged to: - ensure the proper quality of the goods (work, services); - to compensate in full for the losses (harm) caused to the life, health and (or) property of the consumer as a result of defects in the product (work, service); - have cash registers available in accordance with the procedure and cases provided for by the tax legislation of the Republic of Kazakhstan; - to post information in Kazakh and Russian at the location of the cash registers that meets the requirements of the Law of the Republic of Kazakhstan "On Languages in the Republic of Kazakhstan" on the need for the consumer to receive a control (commodity) receipt and on his right to contact the state revenue authority (indicating the phone number of the relevant state revenue authority) in case of violation the procedure for the use of cash registers; - when selling goods (performing work, rendering services), issue a document confirming the purchase of goods (performing work, rendering services), or a contract concluded upon the purchase of goods (performing work, rendering services);
Claim for improper performance of services provided
The seller (manufacturer) is obliged to indicate the value of the goods, decorated with a price label, displayed in the internal and external storefronts of the shopping facility, in tenge, as well as to ensure the storage conditions of the goods. The manufacturer (contractor) is obliged to indicate the cost of works and services in tenge in writing. According to Article 35 of the Law of the Republic of Kazakhstan "On Consumer Rights Protection": 1. Upon detection of deficiencies in the work performed (service rendered), the consumer has the right, at his choice, to demand: 1) gratuitous elimination of deficiencies in the work performed (service rendered); 3) gratuitous manufacture of another thing from a homogeneous material of the same quality or repeated performance of work (provision of services); 4) Deficiencies in the work (service) discovered during its performance (provision) and deficiencies in the work (service) performed must be eliminated within ten calendar days from the date of submission of the relevant claim, unless another term is stipulated by the agreement. However, despite the specified requirements of the Law, by not fulfilling your obligations to correct the bite in full, you violated my rights as a consumer - the legal representative of my son, do not eliminate the shortcomings that arose as a result of your improper performance of the services provided, and require additional payment from me for correcting the shortcomings of your work. Thus, I have paid you 100,000 tenge, which is my losses, which I have the right to recover from you as a consumer. Moreover, you have not provided me with a document confirming that you have received payment for the service. I suggest that you correct the shortcomings of the work you have done free of charge, in accordance with Article 35 of the Law of the Republic of Kazakhstan "On Consumer Rights Protection". Please provide a response to this claim within 10 business days from the date of receipt. Failure to provide an answer will be regarded by me as a refusal to voluntarily eliminate the shortcomings of your work. In case of refusal to voluntarily eliminate the shortcomings of the work, I will be forced to apply to the court for protection of my rights, as well as to the Department of the Committee for Medical and Pharmaceutical Control in Kostanay region for compliance with the Law of the Republic of Kazakhstan "On Consumer Rights Protection". To resolve the situation, please contact me at the phone number listed above.
03/25/2022 Sh.R.V.
Claim for improper performance of services provided
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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.
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