STATEMENT OF CLAIM for recovery of share contributions in connection with withdrawal from the consumer cooperative
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District Court No. 2 Uralsk
West Kazakhstan region , Uralsk , district No. 5 , house No. 12
Plaintiff : K.O.V.
IIN ………………
Almaty city, ul. .............
T. 8 .............
Representative by proxy:
Law and Law Law Firm
BIN 201240021767
79/71 Abylai Khan Ave., office 304, Almaty.
info@zakonpravo.kz / www.zakonpravo.kz
+ 7 727 978 57 55; +7 708 578 57 58;
8 701 440 7152
Respondent: The Chairman
Consumer cooperative of citizens "R.O.I"
BIN 181240004562
N.A.O.
IIN ................
West Kazakhstan region , Uralsk, p.....
mkr . ....... street......... , The house.......
STATEMENT OF CLAIM
on the recovery of share contributions in connection with the withdrawal from the consumer cooperative
On 06/28/2021, Agreement No. 30763 was signed between the Consumer Cooperative of Citizens "R.O.I" represented by Chairman N.A.O.IIN .............. On the one hand, K.O.V., a member of the cooperative, paid a share contribution in the amount of 603,300 (six hundred three thousand three hundred) tenge during the period of validity of this agreement.
Based on the application for withdrawal from the K.O.V. cooperative dated 06/23/2022 (time 15:30), an agreement was issued to terminate contract No. 30763 dated 06/28/2021, where paragraph 4 clearly states the return of share contributions to party 2 within 90 (ninety) days. working days , but to this day they have not returned my funds in the amount of 603,300 (six hundred three thousand three hundred) tenge , but they still do not want to talk to me.
378 of the Civil Code of the Republic of Kazakhstan, an agreement between two or more persons on the establishment, modification or termination of civil rights and obligations is recognized as a contract.
272 of the Civil Code of the Republic of Kazakhstan, 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.
According to Article 273 of the Civil Code of the Republic of Kazakhstan, unilateral refusal to fulfill an obligation and unilateral modification of its terms are not allowed, except in cases stipulated by law or contract.
In accordance with paragraph 4 of Article 9 of the Civil Code of the Republic of Kazakhstan, a person whose right has been violated may demand full compensation for the losses caused to him, unless otherwise provided by legislative acts or a contract. Losses mean expenses that are incurred or should be incurred by a person whose right has been violated, loss or damage to his property (real damage), as well as lost income that this person would have received under normal conditions of turnover if his right had not been violated (lost profits).
Article 401 of the Civil Code of the Republic of Kazakhstan provides for the grounds for amendment and termination of the contract. According to paragraph 2 of this article, "in the event of a material breach of contract by the other party, at the request of one of the parties, the contract may be amended or terminated by a court decision. A violation of the contract by one of the parties is considered significant, which entails such damage to the other party that it is largely deprived of what it was entitled to expect when concluding the contract."
The plaintiff applied for legal assistance to the Law and Law Law Office in Almaty, for which funds were paid in the amount of 200,000 (two hundred thousand tenge) for pre-trial settlement, preparation of a statement of claim and participation in a court hearing, which is the amount of court costs.
On 02/01/2023, a pre-trial claim for a voluntary share payment was sent, but there is no response, so I have to go to court.
On 02/09/2023, notification F.119 arrived about the receipt by the defendant of a registered letter with a pre-trial settlement.
On the basis of the above and guided by Articles 148-150 of the CPC RK, the court
ask:
To recover from the defendant the Consumer Cooperative of citizens "R.O.I" represented by Chairman N.A.O. IIN ........... in my favor, K.O.V. IIN ............... my share contribution in the amount of 603,300 (six hundred three thousand three hundred) tenge under the agreement on termination of contract No. 30763 dated 06/28/2022.
Collect 200,000 (two hundred thousand) tenge for the provision of legal assistance on the basis of contract No. 2901/23 dated January 29, 2023.
Collect the state duty in the amount of 6,033 (six thousand thirty-three) tenge.
To collect notarial services in the amount of 3,800 (three thousand eight hundred) tenge.
Collect Kazpost postal orders in the amount of 670 (six hundred and seventy) tenge.
Application :
Receipt of the state fee
A copy of the statement of claim
A copy of the application dated 06/23/2022
A copy of the agreement on termination of the contract dated 06/23/2023
A copy of the agreement on the provision of legal assistance dated 29.01.2023
A copy of the payment receipt for the legal assistant.
A copy of the power of attorney for conducting a civil case
A copy of the notary's payment receipt
A copy of the Kazpost receipt
Representative
by proxy: "......." February 2023 Kubegenov M.M.
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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