Every consumer has the right to write a complaint to Rospotrebnadzor if his rights have been violated. Very often, sellers act illegally to promote their products. In this regard, consumer rights in trade are often violated. The Law on the Protection of Consumer Rights determines the possibility of writing statements from consumers to various organizations, including the judiciary and Rospotrebnadzor. A sample application and an example of how to correctly write a complaint, as well as information about who you can write to, can be found on our website. We will consider the topic of writing an application to Rospotrebnadzor in order to protect consumer rights from the point of view of Russian legislation, or rather using the example of the law on the protection of consumer rights. Based on the consumer’s application, the Rospotrebnadzor department must conduct an inspection and, based on the violations discovered, punish the defendant. Users of the site can download a sample application and the law itself on the protection of consumer rights.
In this article we will look at:
- on what issues can you write to Rospotrebnadzor;
- in what order applications are considered;
- the process of conducting verification of sellers after receiving a complaint;
- types of penalties for violation of consumer rights in the field of sale of goods and provision of services;
- other provisions of the law in the field of consumer rights protection.
In addition, site users have the opportunity to take advantage of the free service of consulting consumers on issues of violation of their rights.
Finding an example of a complaint or downloading a sample of its writing is not enough. You need to know how to complain correctly and for what violations your complaint will be accepted and checked based on it. You can complain to Rospotrebnadzor (including online) in the following cases:
- after you have been sold a low-quality product;
- upon the provision of services, the quality of which does not reach the established standards;
- if the use of the product may harm the consumer (for example, a violation of the technological process during the production of electric kettles led to the fact that when they are plugged into the network, they receive electric shock. Accordingly, the use of these products may be hazardous to health);
- the consumer was provided with false information about the quality and/or functional purpose of the product (for example, they sold a hacksaw for metal, but it is intended only for working with wood, etc.);
- due to inappropriate behavior of bank security employees and/or collection agency employees;
- providing information about lending conditions in a veiled form;
- forcing consumers to purchase unnecessary goods, credit/insurance products (for example, issuing a compulsory motor liability insurance policy only subject to paid life insurance. Or issuing a loan subject to additional insurance);
- subject to incomplete payment of insurance or even refusal to pay the funds due under the insurance;
- illegal transfer of the date and time of payment of funds for insurance;
- failure to provide free services required to the consumer by a medical institution;
- denial of medical care in accordance with the list of services specified in the insurance policy;
- identified radiation emissions harmful to health (including in medical institutions);
- identification of fraudulent activities against the population using lotteries or other actions of scammers;
- violation of compliance with sanitary and epidemiological rules by various organizations and enterprises (including government organizations).
You should not write complaints to Rospotrebnadzor employees about neighbors who go to bed late and disturb everyone around them. They do not have the authority to decide such issues.
What and who is being checked
An organization that deals with consumer protection has the right to inspect an enterprise of any form of activity. Most often, the inspections of the Rospotrebnadzor department include:
- companies providing services to the population;
- preschool education institutions;
- schools;
- catering enterprises;
- the shops;
- medical institutions, etc.
The functions of the state and territorial department of Rospotrebnadzor include:
- sanitary and epidemiological supervision in the field of well-being of the population;
- monitoring compliance with laws regarding consumers and their rights;
- preparation of documents (sanitary and epidemiological reports) after inspections;
- monitoring in the field of social hygiene;
- carrying out certification activities for food industry workers;
- statistical accounting, etc.
The functions of the territorial department include checking:
- compliance with the rules for drawing up contracts and work books;
- documents that can confirm the qualification level of employees;
- availability of a medical commission for employees of the audited organization;
- certification and excise taxes on goods and products;
- cash registers;
- industrial and domestic premises, etc.
Also, the inspector has the right to test purchases. Before starting the inspection, the Rospotrebnadzor employee must submit his documents and an order to carry out the inspection (grounds). The duration of the inspection cannot exceed twenty days. During the inspection, in addition to premises and compliance with sanitary standards, documentation is also checked (enterprise charter, accounting logs, licenses, availability of a corner for consumers, etc.). Based on the results of the inspection, a conclusion is drawn up, orders are made, and the type of punishment for the guilty persons is determined (if a violation of the law is detected).
How to write (contents)
In order for your complaint to be accepted for consideration, it must be written in accordance with the established requirements. Of course, there is no form of complaint to Rospotrebnadzor established by law. But there are certain rules that need to be studied before writing there. You can download a sample complaint, as well as the law on the protection of consumer rights, on the Consumer Rights website at the end of this article. But having a sample application at hand is not enough. You need to know clearly what to write. After all, a statement with the text “it seems to me that the owner of a store in our area is violating the law” will not be accepted for consideration. It is necessary to write to Rospotrebnadzor provided that you have definitely witnessed such violations (for example, dishes are not washed well in the canteen, rats are running around the store premises, expired goods are on the shelves, etc.).
It is necessary to indicate the information to whom and from whom the application is being written. The content briefly, but as informatively as possible, outlines the essence of the problem.
A prerequisite is to indicate the exact name of the store/bank/cafe, in general, the organization about which you are complaining. Consumer requirements should not contradict modern legislation. If you decide to simply take revenge on the owner and/or employees of any establishment, you will not be able to do this through Rospotrebnadzor. Punishment will be imposed on the culprits only after an investigation has been carried out based on your application. I would like to note that Rospotrebnadzor can conduct unscheduled inspections only in agreement with the prosecutor's office. But the employees of this organization also have no right to ignore your application. It is worth writing complaints so that they are more likely to be accepted using a sample. Or by obtaining preliminary consultation from experienced lawyers. You can do this online for free on our website.
We resolve the conflict without Rospotrebnadzor
Before you complain anywhere, you need to try to solve the situation yourself. For example, if you were sold a low-quality product, and the seller does not want to accept it back, citing that the fault was your fault, try first writing to the store management. The essence of the complaint is the same as the application to Rospotrebnadzor. Only it is written in the name of the head of the store (bank, catering, etc.). In the body of the complaint, you indicate the essence of the conflict and your demands (to correct violations of sanitary and epidemiological standards, exchange goods, return money for them, etc.). Indicate the period within which your requirements must be met and demand that you receive a response in writing. As for the deadlines, they should not contradict the law on consideration of citizens’ appeals (you can also download it on our website). Be sure to provide a link to the legal norm that you think has been violated). Also make a note that if the store management fails to fulfill its obligations (for example), you will file a complaint with Rospotrebnadzor. And if your demands were not paid any attention or were refused (but you are absolutely sure that you are right), you must contact Rospotrebnadzor or other competent authorities (for example, the court). Typically, enterprises, especially if their guilt is obvious, try not to bring the matter to trial with the involvement of organizations such as Rospotrebnadzor, the police, the prosecutor's office, and the judiciary. It is much easier for them to resolve a conflict issue with the consumer on an individual basis.
Most often, a complaint to Rospotrebnadzor is made when consumer rights or sanitary epidemiological norms.
Most people know that it is Rosrotrebnadzor that oversees compliance with legislation in the field of consumer protection, and a complaint can be submitted to this body simultaneously with, etc. A complaint to Rospotrebnadzor can be sent before, simultaneously, and even after filing.
However, this is not the only reason to contact Rospotrebnadzor with a complaint. In addition to protecting consumer rights (and this is not only the sale of goods, but also the provision of insurance, banking, educational and other services), this state body oversees compliance with sanitary and epidemiological standards, carries out inspections of organizations and individual entrepreneurs.
Example of a complaint to Rospotrebnadzor
To the Head of the Rospotrebnadzor Technical Supervision
in the Rostov region
chief state sanitary doctor
344025, Rostov-on-Don, st. Izmailova, 19,
Head of the Technical Specifications Department of Rospobtrebnadzor
in the Rostov region in Azov
346780, Azov, st. Foundry, 108
from Prokopenko Alexandra Dmitrievna,
address: 346786, Azov, st. Vereshchagina, 42-57
tel. 795824586521
Complaint to Ropotrebnadzor
On August 15, 2016, I intended to purchase a school uniform for my child at the Kolibri store. Having contacted the department where trading activities are carried out by Nikolas LLC, I chose the models I liked for further fitting. However, having examined the product, I did not find any markings on it, namely: legal address of the seller, manufacturer, country of origin. Having contacted the sellers and demanding to see a quality certificate, I was refused.
Such actions of the seller violate Art. 10 of the Law on the Protection of Consumer Rights, namely the consumer’s right to provide reliable information. In addition, in accordance with clauses 11-12 of the Rules for the sale of certain types of goods (Resolution of the Government of the Russian Federation of January 19, 1998 No. 55), the seller is obliged to provide the necessary and reliable information about the goods and their manufacturers, upon request, to familiarize themselves with the shipping documentation, including .h. about the certificate of conformity, its number, validity period, the issuing authority, or information about the declaration of conformity. Such documents must be certified by the signature and seal of the supplier or seller indicating his location (address) and telephone number.
In accordance with the Decree of the Government of the Russian Federation dated June 30, 2004 No. 322, which approved the Regulations on the Federal Service for Supervision of Consumer Rights Protection and Human Welfare, federal state supervision over compliance with laws and other regulatory legal acts of the Russian Federation governing relations in the field protection of consumer rights is entrusted to Rospotrebnadzor. In accordance with Federal Law No. 294-FZ, clause 5.9. Law, upon receipt of a consumer complaint, Rospotrebnadzor conducts an unscheduled inspection of the organization.
Based on the above, I request that you conduct an audit of the activities of Nicholas LLC in the retail sale of goods for compliance with the requirements of the legislation of the Russian Federation in the field of consumer protection, and bring the organization to administrative responsibility for violations committed. Please inform the applicant about the measures taken.
08/18/2016 Prokopenko A.D.
What should a complaint to Rospotrebnadzor contain?
A complaint to Rospotrebnadzor can serve several purposes:
- hold the seller (manufacturer, performer under a contract or provision of services) liable. In this case, the complaint must contain information about the violator, the circumstances of the violation, and the applicant (full name, contact address). If available, attach evidence or report the presence of witnesses (full name and address). If they are missing, ask for an inspection to be organized. Based on a consumer complaint, Rospotrebnadzor conducts an inspection without notifying the entrepreneur (organization).
- stop illegal actions and oblige the seller to take actions to restore violated rights. Then be sure to send it to the seller: a pre-trial claim is required. But remember: Rospotrebnadzor will not be able to oblige the seller to pay a penalty or fine. To restore rights in these cases, it is required. A copy of the consumer's complaint, complaint to Rospotrebnadzor and the response to it will become an appendix to the claim and.
A complaint to Rospotrebnadzor regarding compliance with sanitary and epidemiological standards will require a search for the relevant SanPiN. This is ideal. If difficulties arise, just ask to check compliance with sanitary standards, indicating information about possible violators and the circumstances that caused the complaint.
The document must be signed, dated, and contain an address to which a response must be given.
Submitting and considering a complaint to Rospotrebnadzor
The easiest way to contact Rospotrebnadzor with a complaint is through the online reception. To do this, you need to find the official website of the territorial body and fill out the appropriate forms. You can also submit a complaint to Rospotrebnadzor in person - at a reception with the manager, through the office (take your passport with you). You can send the document by registered mail.
You can send at the same time. This technique allows us to hope for a more careful consideration of the document on its merits. The response to the complaint to Rospotrebnadzor must be sent to the applicant within 30 days from the date of registration (up to 3 days from the date of filing).