Recovery of compensation for moral damage to consumers
According to the Law of the Republic of Kazakhstan "On Consumer Rights Protection", moral damage caused to a consumer by a manufacturer (performer, seller) violating his rights is subject to compensation if the causer is at fault.
The peculiarity of this law is that the consequences that have occurred are usually of a property nature - a person has spent money on the purchase of goods or the provision of services, but in return did not receive what was expected.
Compensation for moral damage is carried out independently of compensation for property damage and losses incurred by the consumer.
The Law on Consumer Protection has a fairly wide scope of application. It applies to relations arising from contracts of: retail sale; lease; rental of residential premises; in terms of performance of work, provision of services to ensure proper operation of an apartment building; provision or provision of necessary utilities to the employer; contract; transportation of citizens, their luggage and cargo and other contracts aimed at satisfying personal needs of citizens that are not related to making a profit.
The plaintiff, having filed a lawsuit, motivated by the fact that she purchased a Kerry sleeping set in the defendant's store, taking into account a 10% discount in the amount of 395,800 tenge, which was delivered in an incomplete set, it was not possible to install the sleeping set due to the difference in the size of the headset and the bedroom, the color of the headset turned out to be Moreover, she asked the defendant to exchange the sleeping set, but she was refused. She asked the court to oblige the defendant to exchange a sleeping set for a similar product of a different size and color, and to collect 50,000 tenge in compensation for moral damage. The court concluded that the claim was justified, and based on the provisions of Article 21 of the Law "On Consumer Rights Protection", which stipulates that moral damage caused to a consumer as a result of a violation by the seller (manufacturer, performer) of his rights and legitimate interests provided for by the legislation of the Republic of Kazakhstan on consumer rights protection is subject to compensation if the seller is guilty (manufacturer, contractor) in the amount determined by the court, unless otherwise provided by the laws of the Republic of Kazakhstan.
By court decision No. 2 On June 25, 2015, the claim of a certain M.S. to Batysenergoresursy LLP for compensation for moral damage was denied. The plaintiff motivated her claims by the fact that on 11.03.2015, electricity was turned off in her apartment due to non-payment. She made a payment in the amount of 7000 tenge, but the electricity was connected only after three weeks. The court found that the plaintiff's debt at the time of the power outage was 7000 tenge, and the plaintiff made the payment on 13.03.2015. in the amount of 3000 tenge and 30.03.2015 in the amount of 3896 tenge. According to P. 62 of the Rules for the use of electric energy dated 02/25/2015. the connection is made by the energy transmission organization after full payment for the connection service. According to Part 2 of Article 951 of the Civil Code of the Republic of Kazakhstan, moral damage is compensated by the causer in the presence of the causer's fault. The court did not find any legal grounds for satisfying the claim.
The characteristic causes of disputes in this category are: insufficient legal awareness of sellers of goods, their manufacturers, performers of works and services, the use of their authority by these persons from the standpoint of their interests, without taking into account the interests of the other party.
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