Review of a claim for recovery of material damage and moral damage for dental implantation

 

To the District Court No. 2 of Almaly district of Almaty

Plaintiff: A G T  

IIN .....,

residential address: Almaty region, K. district,  

S. I., room 117, room 646, cell phone + 7 775 ....

 

Defendant: S. A. LLP, represented by Director Z. A.M.

BEAN ....

Almaty, S... ave., 534/92, sq.m./office 193

representatives of the defendant by proxy:

lawyer Sarzhanov G.T., tel. 87085785758,

lawyer Nigmetov S.D., phone: 87009785755

 

 

 

 

review of the claim.

 

The civil case No. 7520-25-00-2/18521 on the claim of A.G.T. against S.A. LLP for recovery of material damage and moral damage is in the proceedings of the District Court No. 2 of Almaly district of Almaty.

I do not recognize the plaintiff's claims.

Upon request for the recovery of paid services in the amount of 260,000 tenge. The dental implantation service was performed in accordance with international recommendations in the field of dental implantation. No defects or defects of the dentition were found in the photograph provided by the plaintiff to the court. The plaintiff's arguments about the violation of sanitary standards, the fact that assistants dropped tools, the doctor himself left the office in search of the necessary materials, are unreliable. The fact that there were consequences in the form of severe swelling, non-healing wounds, and pain in a healthy neighboring tooth has not been confirmed. Damage to the root of the adjacent tooth has also not been confirmed. Headaches, high blood pressure, dizziness, nausea, bruising on the face, eating disorders and inability to work properly are not causally related to the dental implantation, there is no supporting evidence for this. The plaintiff was warned by the doctor that there is no guarantee of 100% survival of the implant. Thus, the cost of the paid dental implantation service is non-refundable.

Regarding the requirement to collect expenses in the amount of 3,000 000 tenge for subsequent treatment. This claim is unfounded and cannot be satisfied.

Regarding the recovery of compensation for moral damage in the amount of 3,000 000 tenge. This claim is unfounded and cannot be satisfied.

According to Part 1 of Article 68 of the Civil Procedure Code of the Republic of Kazakhstan, each evidence is subject to assessment taking into account its relevance, admissibility, reliability, and all the evidence collected together is sufficient to resolve a civil case.

72 of the Civil Procedure Code of the Republic of Kazakhstan, each party must prove the circumstances to which it refers as the grounds for its claims and objections.

According to Part 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.

"S.A." LLP incurred expenses for the assistance of a representative in the amount of 700,000 tenge, which is confirmed by the legal assistance agreement and the payment order.

Based on the above, please:

- to dismiss the claim of G.T. Azimkhanova to S.A. LLP in full;

- collect from A. G.T. in favor of S.A. LLP the costs of paying for the assistance of a representative in the amount of 700,000 tenge.

Appendix: legal assistance agreement, payment order.

 

 

Director of S.A. LLP Z. A.M.

                                                                                       14.10.2025

 

 

 

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