Objection to the respondent's response to the statement of claim in the case
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To the specialized interdistrict Economic Court of Atyrau region
The plaintiff:Angistau branch JSC "National Center expertise and certification"
Aktau 1., 32 building of BIC KCJBKZKX IIC- KZ378560000000528268
BIN- 010141001672 Director: Balmagambetov D.M.
phone/fax number: 50-99-45, 46-85-31
By proxy, the plaintiff's representative, D.N.K.
Cell phone number 8 701..
The defendant: LLP "..." Index: 060000
Atyrau region, Atyrau, Kurmangazy village, 24 B Nysanbayeva Street
BIN 130440018280 Director D.A.
Cell: 8-701-…
E-mail …
Objection
to review the statement of claim in case No. 2301-22-00-2/742
The Plaintiff, having read the response of the Defendant to the statement of claim for recovery of the amount of material damage caused as a result of the accident, asks to leave it without satisfaction on the following grounds. The Lada Largus vehicle (hereinafter referred to as the vehicle) was purchased at the ASTER AUTO dealership in April 2021 for the amount of 6,900,000 tenge. The mileage of the vehicle to its initial (pre-emergency) condition is 5,424 km. 4 months have passed since the calculation of the amount of damage caused to the vehicle by the Insurer and until the end of 2021. During this time, the Defendant did not contact his cell phone and did not fulfill his obligations in accordance with Article 924 of the Civil Code of the Republic of Kazakhstan. Amanat Insurance Company fulfilled its obligations in full by paying the maximum amount of insurance in the amount of 600 MCI in accordance with Article 24 of the Law of the Republic of Kazakhstan "On Compulsory Insurance of Civil Liability of Vehicle Owners" (hereinafter referred to as the Insurance Law). Further, in order to establish the actual amount of damage caused to transport during an accident on the road, they resorted to the services of an independent expert using the right under Article 9 of the Civil Code of the Republic of Kazakhstan. After all, only by contacting an independent appraiser can the fact of loss of property value be established. Loss of market value is understood as an additional decrease in the market value of a vehicle as a result of its accidental damage and subsequent repair. After all, carrying out certain types of repair work to restore a vehicle after damage is accompanied by an irreversible deterioration in the external (marketable) appearance, functional and operational characteristics, and a decrease in the reliability and durability of the vehicle. As a result of the repair work, the vehicle owner will objectively suffer derivative losses in the form of real material damage.
Since the Contract of compulsory liability insurance for vehicle owners provides for insurance payments for obligations incurred as a result of damage to the victim's property, with the exception of loss of the marketable value of the property. An independent damage assessment is aimed at determining the amount necessary to restore the vehicle to its original appearance, and an independent expert assessment is the best help in court. Since the occurrence of the insured event and until the end of 2021, prices for Lada Largus vehicles have increased by 40%. In his response, the defendant refers to Article 924 of the Civil Code of the Republic of Kazakhstan, but did not pay the difference between the insured amount and the actual damage, which amounted to 1,607,967 (one million six hundred seven thousand nine hundred sixty-seven) tenge. Currently, the cost of this car, according to the presented ASTER AUTO price offer, is 9,250,000 (nine million two hundred and fifty thousand) tenge. Even with a positive court decision on damages by the Defendant, our company incurs certain losses due to the increase in the cost of vehicles, service stations and spare parts throughout Kazakhstan. Auto parts for Russian cars have risen in price by almost a quarter since the beginning of the year. The price increase is due to anti-Russian sanctions. Also, many of the spare parts listed in the independent expert's report are missing from car dealerships. Auto experts say that the cost of spare parts is affected by the floating dollar exchange rate and a reduction in supplies from Russia. According to experts, by the end of the year, prices for parts of the so-called gray market may increase by about a quarter more. The acquisition of Lada Largus vehicles in 2021 was due to the fact that the National Center for Expertise and Certification is an enterprise providing a range of services to the public (legal entities and individuals) in the field of product and service certification, metrology, management systems, and vehicle maintenance with the departure of specialists at the request of the Customer throughout the Mangystau region. The failure of the vehicle has a severe impact on the company's operations. Due to prolonged downtime (emergency condition) The vehicle cannot be restored and is not suitable for operation. We ask the court to satisfy our claims for compensation of material damage for the further purchase of new vehicles. In this regard, the Plaintiff appealed to the court for the protection of civil rights by recognizing the rights to recover real damage from the Defendant, since the Insurance Company fulfilled its obligations to pay the maximum insured amount in full in accordance with subparagraph 7) of paragraph 3 of Article 17 of the Insurance Law. Based on the above: PLEASE: The response of the Defendant, LLP...., to the claim of the Plaintiff, MF JSC NaTSeX, for the recovery of the amount of material damage caused as a result of an accident should be left without satisfaction.
Power of attorney for Director B.D.M. dated 04/15/2022, No. 36.
The price offer from ASTER AUTO company.
Director of the Mangystau branch ao D. B.
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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