Restoration of violated consumer rights with low-quality goods and services
The subject of the dispute in the generalized category of cases is the restoration of violated consumer rights. A violation may be caused by poor-quality goods or services, the provision of false information about the goods or services, or the failure to provide information, as a result of which the consumer receives goods or services of a different quality than he expected. This category of cases is characterized by frequent changes in claims, which the applicants refer to as clarification, addition of the claim, exclusion of claims, replacement of the text, etc. Therefore, the court should clearly define the definitively formulated claims in accordance with the requirements of the CPC.
The exclusion of any claim is essentially a waiver of a claim, which must be formalized by submitting an appropriate written statement and issuing an appropriate procedural act (ruling on acceptance of the waiver of the claim and termination of proceedings in this part of the claim). Violation of the established rules leads to the fact that the parties may re-submit claims previously stated but not considered by the court. In addition, the correct registration of changes in the claim is necessary for the proper allocation of court costs in accordance with Article 109 of the CPC. Changes to the claim are subject to the general rules for filing a claim. In particular, applications for changing the claim must be filed in copies according to the number of persons involved in the case, accompanied by documents confirming the circumstances on which the plaintiff bases his claims, payment of a state fee for the amended claim, documents confirming compliance with the pre-trial dispute settlement procedure, petitions for evidence, if the evidence is in the defendant's possession or from third parties.
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