Statement of claim for compensation of property damage and loss of commodity value
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To the Zhitikarinsky district Court of Kostanay region
plaintiff: A.A.Zh. IIN ..... place of residence: g. Gitikara, mkr., 1, 111, cell. tel. 8777.....
plaintiff's representative: Sabit Davletovich Nigmetov, IIN 820125350700
place of residence: g. Gitikara, 4 mkr., 21, sq. 24, cell. tel. 87752667988
defendant: The State Communal Enterprise "Zhitikarakommunenergo"
State institution "Department of Housing and Communal Services
agriculture, passenger transport, highways and housing inspection of Akimat
Zhitikarinsky district"
BIN 030440005802 legal address: g. Gitikara,
mkr. 2, building 17A the price of the claim: 1,082,900 tenge.
I am the owner of a Chevrolet Cobalt car, state registration plate ....PHN10, built in 2020. On May 21, 2021, as a result of a burst pipe of the heating networks of the GKP Gitikarakommunenergo in the courtyard of house No. 5, located in the residential district No. 7 of Gitikar, a fountain of water began to flow from the ground, which washed away the adjacent soil and a jet of water began to pour over the car belonging to me, which was standing nearby. The fountain of water gushing from the ground dragged along particles of soil and stones, which, hitting the car belonging to me, damaged its paintwork on the rear fender, rear bumper, trunk lid, rear left and front left doors, front left fender, front hood, roof, rear right fender, and also damaged the front and rear windshields and the rear left canopy of the car. Thus, as the owner of the car, I suffered property damage. In addition, as a result of the damage caused, the market value of my car decreased, thus the car lost its market value, which is a lost profit for me. According to 2.3.4 of the Car Purchase and Sale Agreement dated 10/14/2020, I am required to undergo vehicle maintenance during the warranty period from an Agent or other authorized Agents. Violation of this condition entails the impossibility of warranty repair. According to clause 1 of Appendix No. 3 to the Purchase and Sale Agreement dated 10/14/2020. The warranty period is 36 months from the date the Buyer signs the Acceptance Certificate, with a warranty period of no more than 100,000 km (whichever comes first). According to paragraph 15 of Appendix No. 3 to the Contract of Sale, warranty obligations do not apply to malfunctions caused by repairs performed by persons who are not authorized to carry out repairs, including those carried out by the Buyer on his own. The agent for warranty repair and maintenance of my car is Avtod Kostanay LLP, according to an extract from the dealer agreement.
According to the certificate of Avtodom Kostanay LLP, the cost of the front windshield is 39,900 tenge, the cost of the rear windshield is 28,000 tenge, the cost of painting and repairing the car is 770,000 tenge. Thus, I suffered property damage in the amount of 837,900 tenge. According to the report on the cost of loss of marketable value dated 05/28/2021, the cost of loss of a commercial type of vehicle is 245,000 tenge. According to part 1 of arAccording to the certificate of Avtodom Kostanay LLP, the cost of the front windshield is 39,900 tenge, the cost of the rear windshield is 28,000 tenge, the cost of painting and repairing the car is 770,000 tenge. Thus, I suffered property damage in the amount of 837,900 tenge. According to the report on the cost of loss of marketable value dated 05/28/2021, the cost of loss of a commercial type of vehicle is 245,000 tenge. According to part 1 of art . 917 of the Civil Code of the Republic of Kazakhstan – "Damage (property and (or) non-property) caused by unof the Civil Code of the Republic of Kazakhstan – "Damage (property and (or) non-property) caused by unlawful actions (inaction) to property or non-property benefits and rights of citizens and legal entities is subject to compensation by the person who caused the damage in full." According to Part 4 of art. 9 of the Civil Code of the Republic of Kazakhstan – "The person, the right the person who has been violated may demand full compensation for the losses caused to him, unless otherwise provided by legislative acts or the contract. By losses are meant ... the lthe lost income that this person would have received under normal conditions of turnover if his right had not been violated (lost profits). "On May 21, 2021, I contacted the defendant for pre-trial compensation for the damage caused. However, the defendant refused to settle the dispute out of court. The above is confirmed by the certificate of registration of the vehicle, the purchase and sale agreement dated 10/14/2020, Appendix No. 2 (Acceptance Certificate) to the purchase and sale agreement dated 10/14/2020, appendix No. 3 (Quality of the car. Vehicle operation. Warranty) to the purchase and sale agreement dated 10/14/2020, the response of Avtod Kostanay LLP dated 08/17/2021, an extract from the dealer agreement dated 05/21/2021 between Keles Distribution LLP and Mitsubishi Center Kostanay LLP, a certificate from Avtod Kostanay LLP on the cost of spare parts, repair and painting of the car dated 06/28/2021, a report on the assessment of the market value of direct damage dated 05/28/2021, a report on the cost of loss of market value dated 05/28/2021, a video recording made on 05/21/2021. by the tenant of house No. 1 of microdistrict No. 7 in E.A., photographs taken by me on 05/21/2021, my appeal to by the tenant of house No. 1 of microdistrict No. 7 in E.A, photograph taken by me on 05/21/2021, myel to the defendant dated 05/21/2021, the defendant's response dated 06/11/2021, the claim dated 06/10/2021, the response to the claim dated 06/23/2021, the report on the assessment of the market value of direct damage dated 05/28/2021, the report on the cost of loss of trademark cost from 05/28/2021 And also my arguments can be confirmed by witnesses – G.E.A., place of residence: g. Gitikara, mkr. 7, 1, sq. 112, cell.tel. (WhatsApp) 8747..., M.A.T., place of residence: g. Gitikara, mkr. ..., 8, sq. 45, cell.tel. (WhatsApp) 8778., A.R.M., place of residence: g. Gitikara, mkr. ..., 21, sq. 118, cell phone (WhatsApp) 8707.. According to Part 1 of Article 9 of the Civil Code of the Republic of Kazakhstan, " The protection of civil rights is carried out by a court or arbitration by: recognizing rights; restoring the situation that existed before the violation of the right; suppressing actions that violate the right or threaten to violate it; awarding duties in kind; collecting damages, penalties; invalidating the disputed transaction and applying the consequences of its invalidity, the application of the consequences of the invalidity of an insignificant transaction; compensation for moral damage; termination or modification of legal relations; invalidation or non-enforceability of an act of a government body or local representative or executive body that does not comply with the legislation of the Republic of Kazakhstan; collection of a fine from a government body or official for obstructing a citizen or legal entity in the acquisition or exercise of rights, as well as in other ways provided for by legislative acts of the Republic of Kazakhstan. Kazakhstan." According to Part 1 of art. 8 of the Civil Procedure Code of the Republic of Kazakhstan – "Everyone has the right, in accordance with the procedure established by this Code, to apply to the court for protection of violated or disputed rights, freedoms or legitimate interests." To determine the damage caused to the car, I applied for a report to NOC Aspect LLP, the cost of which was 60,000 tenge. I also applied for legal assistance from a lawyer, whose services cost 90,000 tenge. I also paid a state fee in the amount of 10,829 tenge. These expenses, in accordance with the Civil Procedure Code of the Republic of Kazakhstan, are court expenses. Based on the above, I ask the court to: - Recover from the defendant the State Communal Enterprise "Zhitikarakommunenergo" of the state institution "Department of Housing and Communal Services, Passenger Transport, highways and Housing Inspection of the Akimat of the Zhitikarinsky district" in my favor the amount of property damage in the amount of 837,900 tenge; - to recover from the defendant the State Communal Enterprise "Zhitikarakommunenergo" of the state institution "Department of Housing and Communal Services, Passenger Transport, highways and Housing Inspection of the Akimat of the Zhitikarinsky district" in my favor the cost of the loss of the marketable value of the car in the amount of 245,000 tenge. - To recover from the defendant the State Communal Enterprise "Zhitikarakommunenergo" of the state institution "Department of Housing and Communal Services, Passenger Transport, Highways and Housing Inspection of the Akimat of the Zhitikarinsky district" in my fav To recover from the defendant the State Co Appendix: copies of 2 receipts for payment of state duty, a copy of the vehicle registration certificate (Kulik kuralyn tirkeu turaly kualik), a copy of the purchase agreement dated 10/14/2020, a copy of appendix No. 2 (Acceptance certificate) to the purchase agreement dated 10/14/2020, a copy of appendix No. 3 (Quality of the car. Vehicle operation. Warranty) to the purchase and sale agreement dated 10/14/2020, a copy of the response from Avtodom Kostanay LLP dated 08/17/2021, a copy of the extract from the dealer agreement dated 05/21/2021. between Keles Distribution LLP and Mitsubishi Center Kostanay LLP, a copy of the certificate of Avtodom Kostanay LLP on the cost of spare parts, repair and painting of the car dated 06/28/2021, a notice of inspection of the car dated 05/24/2021, a copy of the report on the assessment of the market value of direct damage dated 05/28/2021, a copy of the report on the cost of loss of trademark the cost dated 05/28/2021, a DVD+R disc with a video recording and photographs taken on 05/21/2021, a certificate of registered legal entity, a copy of the appeal to the defendant dated 05/21/2021, a copy of the defendant's response dated 06/11/2021., a copy of the claim dated 06/10/2021, a copy of the response to the claim dated 06/23/2021, a copy of the contract with NOC Aspect LLP, a copy of the receipt from NOC Aspect LLP, a copy of the legal assistance agreement, copies of 3 legal assistance receipts, a copy of the power of attorney for representation, a copy of the notice of representation, a copy of the lawyer's certificate. 08/20/2021 A.A.Zh.
representative Nigmetov S.D.
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.
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