Refund of payment for the purchase of goods due to the fact that the product has stopped working

On October 21, 2020, A.E.A. (Hereinafter referred to as the Buyer) purchased an Ipad7/32 WiFi IMEI DMPD7LXUMF3P in your showcase at a cost of 189,000 (one hundred and eighty thousand) tenge, and a 1-year warranty period was established for the product. The operating rules specified in the user's instructions were not violated by the Buyer, despite this, after 2 (two) weeks of use, the device stopped turning on. Due to the fact that the device stopped working, the Buyer had doubts about the quality of the purchased new product.

Based on the above and in accordance with paragraphs 6, paragraph 1, Article 15 of the Law of the Republic of Kazakhstan "On Consumer Rights Protection", the Buyer terminates the purchase and sale agreement. They demanded to return the amount of money paid for the goods in the amount of 189,000 tenge.

To date, we have partially resolved this issue. The amount of money paid for the product in the amount of 189,000 tenge has been refunded by you.

However, the Buyer incurred legal expenses for representing interests in the amount of 70,000 tenge and we hereby demand that the representation costs be reimbursed, as the Buyer had to seek legal assistance due to the current situation. If you do not refund the funds within the specified period, we reserve the right to take this matter to court. As well as the recovery of the amount of material (damages and penalty, Article 351 of the Civil Code of the Republic of Kazakhstan) in the amount of 100,000 tenge.

According to paragraph 1 of 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.

152 and 279 of the Civil Procedure Code of the Republic of Kazakhstan and Article 402 of the Civil Code of the Republic of Kazakhstan, stipulating that the judge returns the statement of claim, and the court leaves the statement of claim without consideration if the plaintiff fails to comply with the pre-trial procedure established by law for this category of cases, the mandatory procedure for preliminary pre-trial dispute resolution and the possibility of this procedure is not lost and preserved.

Since this procedure is not prohibited by any of the regulatory acts of the Republic of Kazakhstan, we hope for your mutual understanding and solutions to this problem on mutually acceptable terms.

Subsequently, a Statement of Claim for the refund of payment for the purchase of goods was filed.

On October 21, 2020, J. A.E., (Hereinafter referred to as the Plaintiff) purchased an Ipad7/32 WiFi IMEI DMPD7LXUMF3P (hereinafter referred to as the Tablet) from the IP T a (Hereinafter referred to as the Defendant) showcase worth 189,000 (one hundred and eighty thousand) tenge, which corresponds to Articles 151, 152 of the Civil Code of the Republic of Kazakhstan, which stipulates that transactions are made orally or in writing, the written form of the transaction is made on paper or in electronic form. The product has a 1-year warranty period. The operating rules specified in the user's instructions by the Plaintiff were not violated, despite this, after 2 (two) weeks of use, the device stopped turning on. Due to the fact that the device stopped working, the Plaintiff had doubts about the quality of the purchased new product.

It was found out that the Tablet's battery was not working. The plaintiff, with the intention of peacefully resolving this situation, addressed the Defendant and demanded to cancel and refund the amount of money paid for the goods in the amount of 189,000 tenge. However, the Defendant argues that no one allegedly gave guarantees for the quality of the battery. The Defendant accepted the goods, and has been with the Defendant for the third week. But, unfortunately, the amount of money paid for the goods in the amount of 189,000 tenge has not been returned to this day.  

Earlier, we observed the pre-trial procedure in accordance with the norms of Articles 152 and 279 of the Civil Procedure Code of the Republic of Kazakhstan and Article 402 of the Civil Code of the Republic of Kazakhstan, where they demanded to return the amount of money paid for the goods in the amount of 189,000 tenge in accordance with paragraphs 6, paragraph 1, Article 15 of the Law of the Republic of Kazakhstan "On Consumer Rights Protection" The buyer terminates the purchase agreement, and also demanded to reimburse the expenses spent on the representative.

Subsequently, the Defendant reimbursed the amount of money paid for the goods in the amount of 189,000 tenge. However, he refused to reimburse the representative expenses in the amount of 70,000 tenge.  

Dear Court, I would like to convey to you the assumption that the Defendant's actions are aimed at seizing funds through deception and abuse of trust, thereby the Defendants caused real material and moral harm to the Plaintiff.  

272 of the Civil Code of the Republic of Kazakhstan, where the obligation must be performed properly in accordance with the terms of the obligation and the requirements of the law, and in the absence of such conditions and requirements - in accordance with business practices or other commonly imposed requirements.

Based on paragraph 1 of 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.

Based on the above and in accordance with Article 15 of the Law "On Consumer Rights Protection", as well as paragraph 2 of Article 338 of the Civil Code of the Republic of Kazakhstan and Article 272 of the Civil Code of the Republic of Kazakhstan, I ASK THE COURT:   To collect from the Defendant IP "T va” in favor of the Plaintiff J. A.E., representative expenses in the amount of 70,000 tenge.

 

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