Pre-trial claim for refund funds received
IP "A"
But
110400, Kostanay region, Auliekolsky district, ...
cell phone. 870....9
from About
050003, Almaty, Turksib district,
St..
cell number 874.....
Pre-trial claim.
On 11.10.2023, you received funds in the amount of 420 000 tenge and 399 000 tenge, allegedly to pay for 2 Iphone 14 smartphones.
However, we have not concluded a purchase and sale agreement for these smartphones, and I have not been provided with fiscal receipts for the purchase of smartphones.
These smartphones have not been transferred to me. Thus, I believe that the Agreement between us on the purchase of Iphone brand smartphones has not been concluded and on your part there is unjustified enrichment at my expense for a total amount of 819,000 tenge.
According to Article 953 of the Civil Code of the Republic of Kazakhstan, "1. A person (acquirer) who, without the grounds established by law or a transaction, acquired or saved property (unreasonably enriched) at the expense of another person (victim), is obliged to return to the latter the unreasonably acquired or saved property.
The obligation established by paragraph 1 of this article also arises if the basis on which the property was acquired or saved has subsequently disappeared.
The rules of this chapter apply regardless of whether the unjustified enrichment was the result of the behavior of the acquirer of property, the victim himself or third parties, or the result of an event."
According to Article 958 of the Civil Code of the Republic of Kazakhstan, "1. A person who has unreasonably received or saved property is obliged to return or reimburse to the victim all the income that he has extracted or should have extracted from this property since the time when he learned or should have learned about the unreasonableness of enrichment.
The amount of unjustified monetary enrichment is subject to a penalty for using other people's money from the time when the acquirer learned or should have learned about the unreasonableness of receiving or saving money."
In accordance with the above, you are obliged to return to me the amount of unjustified enrichment in the amount of 819,000 tenge.
I demand that you voluntarily refund to me the amount of 819,000 tenge within 10 days from the date of receipt of this claim.
In case of refusal to comply with my request, I reserve the right to apply to the court for compulsory collection of funds.
According to article 113 of the Civil Procedure Code of the Republic of Kazakhstan, "At the request of the party in whose favor the decision was made, the court awards, on the other hand, the costs incurred by her to pay for the assistance of a representative (several representatives) who participated in the process and is not in an employment relationship with this party, in the amount of the costs actually incurred by the party. For property claims, the total amount of these expenses should not exceed ten percent of the satisfied portion of the claim. According to non-property requirements, the amount of expenses is collected within reasonable limits, but should not exceed three hundred monthly calculation indices."
10/30/2023 OG.A.
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
