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Prohibition on the imposition of additional services. Service imposition. The loan agreement can be terminated, and with the return of the funds spent to the consumer, if

Solicitation of services is the compulsion of the buyer to conclude an oral or written agreement on the acquisition of an additional paid good in addition to the desired product or services.

To date, quite a lot of organizations are abusing their position and trying to impose on the consumer a product that is not in demand, or an unpopular service. Actions by entrepreneurs who ignore the right to freedom of choice can be regarded as a violation of the interests of consumers of goods and services.

What services can be considered imposed?

Modern world and public economy operate in conditions of economic freedom of choice, which consists in the possibility of free choice of high-quality goods and services, ways to meet their needs and requirements, depending on their income and prices.

The imposition of services restricts the rights of the consumer and may manifest itself in the following:

giving advantages to one buyer over another in the event that the first acquires additional goods or services, in this case, the norms are also violated Civil Code, excluding such behavior of the seller;
deprivation of the buyer of certain benefits in case of refusal to purchase additional goods;
refusal to sell the desired product without an accompanying one that the buyer does not need;
the requirement for further maintenance or the purchase of component goods only from certain groups persons;
imposition complex set services that are essentially independent of each other and can be provided separately (for example, acceptance of documents by the insurer with the accompanying provision of technical paid services for filling and printing);
wholesale sale of goods that is not subject to the relevant tax and is not executed in accordance with the norms of the law.

If the consumer is faced with one of the listed forms of providing unnecessary services, you should contact the competent authority.

The consumer protection law prohibits transactions that infringe on a person's right to choose. The transaction regarding the imposition of services will be considered invalid, and the seller will be obliged to return the money for an additional benefit.

Do not fall under the definition of imposed benefits:

an offer to purchase a product or service, if it is possible to refuse them;
the sale of a set of goods or services integrated into each other (for example, the sale of a suit or a set of furniture, when the separation of one product would be a violation of the integrity of the set provided by the manufacturer);
a group of goods united in one container - such goods constitute a set, and all the necessary information of the manufacturer is indicated on the packaging (except when the wrapping material is intended only for transportation);
holding promotions and discounts for customers - an offer to get a discount on a second product or purchase it as a gift is not a violation of the law, the choice to purchase such products together is cheaper, or separately, full cost, stands behind the buyer.

An integral group of goods, goods combined in one package, promotions and gifts from the seller are not an imposition of services.

The most common examples of imposed services today:

the imposition of insurance services of a particular company by a bank when concluding a loan agreement - in such cases it is necessary to contact the body authorized to consider cases in the field of antimonopoly law, while violators will face high penalties with the possible opening of criminal proceedings;
imposing additional medical services and drugs;
solicitation of services cellular communication;
the inclusion of additional clauses in contracts related to the management of housing and communal services (for example, when, when installing a meter, its owner will be required to contact only one specific service company);
provision of notarial or other services with technical paid support;
imposing a service for processing large purchases (due to large amounts, additional small expenses are often not taken into account by buyers, meanwhile, this is a huge source of income for unscrupulous entrepreneurs).

In order not to become a victim of the imposition of services, you must:

carefully study the terms of the contracts;
pay attention to unknown items and clarify their requirements;
when offering additional products, ask if it is possible to refuse them.

In case of disagreement, you should contact the head or the state body directly to resolve the situation.

Where should I apply for services?

When revealing the fact of imposing a service by the seller, one should try to convey the relevant information to the administration. This can be done either in the form of an oral or written statement, or by writing to the Book of Complaints and Suggestions.

If the manager does not pay attention to the violation, it is necessary to contact the following authorities.

Rospotrebnadzor is a service that ensures compliance with the laws in the field of consumer protection. You can file a complaint with the territorial body in person, by mail, or through the website. Thus, Rospotrebnadzor will be able to conduct an audit on the fact of non-compliance with the law and punish violators.
The Federal Antimonopoly Committee also considers complaints of complainants about financial violations.
Prosecutor's office. It would be useful to apply to this body, since Rospotrebnadzor can initiate an unscheduled inspection on the fact of violation of consumer rights only with the consent of the prosecutor's office.
Court - in case of losses incurred due to non-compliance with consumer protection legislation, there is always the opportunity to complain to the judicial authority to restore justice.

The imposition of additional benefits falls under the administrative responsibility of the seller, legal entity or other performer. For the proven fact of the violation, these subjects can be held liable in the form of a fine.

Form of complaint to the state body about violation of rights in the field of consumption

The written complaint must contain the following:

name and full details of the body;
personal data of the applicant (in the case of anonymous statements, Rospotrebnadzor will refuse to conduct an audit, and other authorities will not be able to respond to the violation properly and compensate for the losses incurred);
the full name of the violating organization and its details;
description of the fact of violation of the law;
information about the presence of witness, documentary or other evidence;
It would be useful to indicate references to the violated norms of the law;
when filing a claim, it is necessary to indicate the price of the claim, indicating the amount of losses incurred;
you can specify the requirements for the offending organization;
date and signature.

In addition, it is useful to attach copies of contracts, checks, and other documents to the application. When filing a claim - copies of documents that indicate attempts to pre-trial settlement of the issue.

Correctly stated requirements and a detailed description of the essence of the violation in the complaint to the competent authority will help to restore the violated rights in full.

Very often, the buyer is faced with such a marketing ploy from the seller as the imposition of additional goods (services) to the main purchase. People are so accustomed to this that they consider it to be quite normal, and meanwhile the imposition of a service is a gross violation of the consumer protection law.

the federal law"On the Protection of Consumer Rights" prohibits the purchase of certain goods (or services) from being subject to the mandatory purchase of other goods (services).

If this right of the buyer has been violated, then all losses incurred by the buyer as a result of this, the seller shall reimburse in full.

How to distinguish imposition from various promotions and bonus offers? When the buyer is offered a choice - to buy several products at a discount, or to buy only one of these products, but already at the market price, then this is a promotion. But if the buyer is told that a thing is not sold separately and can only be bought in a set with other goods (provided that this product is available in a piece version) - this is already imposing one's services. After all, the law says that the basic rights of the consumer are:

freedom of choice;
lack of pressure from outside;
a ban on the imposition of goods / services;
right to claim reimbursement.

Usually, to resolve a dispute, it is enough to verbally warn and voice articles from the Consumer Rights Protection Law. If the seller continues to claim that the product can only be purchased together with another product, then the buyer has every right to complain about it. In this case, the seller will be obliged to return all the funds spent by the buyer in 100% of the volume for the imposed goods.

Imposing your services in banks

Very often you can find such a function in a bank when trying to get a loan. The client is offered to issue a life, property or health insurance contract to the main loan agreement. But this agreement has nothing to do with the loan that is being signed. If the bank refuses to issue a loan without signing an insurance contract, this is the imposition of its services and a violation of the rights of the buyer (borrower). When concluding such a transaction, you can challenge its validity and return the funds spent. The only such transaction that will be considered legitimate is the insurance of the pledged property. There is no violation here, since this is a mandatory condition under the law.

If a credit institution offers to sign an agreement in which:

there is no right to choose an insurance company;
there is no clause on the right to refuse insurance;
credit discount is provided only when purchasing insurance;
there is no way to change the terms of the contract, then know that this bank is trying to infringe on your rights and impose unnecessary services.

Although some credit officers have a different opinion on this matter. They think it makes sense to do prerequisite on signing an insurance contract when receiving a loan. Since the only source of income is salary, and health directly affects the ability to work, insurance acts as a guarantee for repayment of the loan. This is the decision made by the city court of St. Petersburg in one of the proceedings.

Where else can you find the imposition of their services

Such an imposition can be seen upon receipt of an OSAGO policy. Car owners are forced to issue additional points in insurance, as a result of which the policy comes out at a much higher cost. Car owners are also offered to issue insurance for the health and life of the driver and passengers, property insurance, CASCO in addition to OSAGO. It is not necessary to purchase these additional insurances. Therefore, you can refuse additional insurance or challenge already issued insurance. If you are denied insurance without these additional conditions, then your rights are being infringed upon. An employee of the insurance department can deny you insurance only in the following cases:

they ran out of insurance quota;
not provided the entire set of documents;
it is not possible to provide the transport that you want to insure.

Owners mobile phones may also be eligible for this service. It often happens that a mobile operator, without prior warning, connects a paid service to a subscriber.

If you are faced with this, then feel free to ask for a refund, based on the Decree "On the Procedure for the Provision of Cellular Communication Services", which clearly states that a person has the right to disable those services that have been connected to him without his consent, and on the Federal Law "On the Protection of Rights consumers”, which states that it is impossible to provide paid services without notifying the buyer. If you notice that you have begun to pay more for mobile communications than before, contact your operator immediately and request call details. Calculate how much was withdrawn for those connected without your consent to the service and demand a refund Money, and connected services and subscriptions - disable immediately.

In order not to fall into the trick of the seller, carefully check the text of the contract, especially what is written in small letters. If some points are incomprehensible or sound ambiguous - check with the seller if you correctly understood the meaning of these points. If, however, consumer rights have been violated, then you need to know how they can be protected.

How to protect your rights

To protect your legitimate interests, you must write a statement with a detailed description of the claim and attach to it all possible documents that indicate an offense. Evidence may include audio and video recordings, a contract, testimonies of witnesses and other documents. The best evidence would be an audio or video recording of a conversation between the buyer and the seller, on which it will be heard that the service is really being imposed.

Where should the application be submitted?

Federal Antimonopoly Service (FAS)

This organization oversees the financial system.

Court

If contacting other government bodies did not solve the problem, then the application is further considered in court. Since litigation is not an easy matter, do not hesitate to seek the help of an intelligent lawyer who will help you competently resolve the issue related to consumer protection.

Litigation requires strong evidence of the seller's guilt, so you need to take care of this before going to court.

You can file a complaint within a year after the offense occurred.

Statement of claim

The claim can be filed by the applicant himself or by his authorized representative. The power of attorney must be issued through a notary. If the amount of the claim is less than one million rubles, then such applications are not subject to state duty.

Claims with a claim amount of up to 50 thousand rubles are considered by world courts, all other claims go to district courts. You can submit a claim both at the place of residence of the plaintiff and at the place of residence of the defendant.

What information must be included in the claim:

addressee (to which body you are sending the claim);
passport data of the plaintiff (principal);
respondent's information;
evidence of violation of consumer rights;
what is the violation of rights;
the amount of the claim;
previous pre-trial proceedings;
list of attached documents.

If the case is won, the seller will have to reimburse the buyer for all financial expenses. In addition, Article 13 of the Federal Law "On Protection of Consumer Rights" states that the seller is obliged to pay a fine of up to 50 percent of the amount indicated and satisfied in the claim.

The Code of Administrative Violations (clause 2, article 14.8) also provides for liability for violation of the legal rights of the buyer. The seller must pay a fine, the amount of which is from 1,000 to 2,000 rubles - for officials, and from 10,000 to 20,000 rubles - for legal entities.

It is possible and even necessary to defend your rights when imposing services. The law in this case is on the side of the buyer. The main thing is to know your rights and not let yourself be deceived.

Imposition of services by the MTS communication salon

Banking services

The consumer should be wary of such actions financial organization, how:

no choice of insurance company;
no possibility, that is, the corresponding clause in the contract;
the bank provides a discount on interest only if you have insurance a certain company;
the terms of the contract cannot be changed and supplement.

auto insurance

A similar situation is familiar to many motorists: when applying for compulsory insurance, customers are trying to impose life, property, and CASCO insurance. All of these are illegal activities.

Insurers can refuse a deal only if:

quota is over;
documents are incomplete or incorrectly formatted.

Cellular services

Where to go to protect your interests

Often, to solve such a problem, only an oral statement about the illegality of the performer is sufficient. If this does not work, the consumer must write a complaint or (in the case of an already paid service) towards the implementing organization. The contractor is obliged to respond to these papers, and if this does not happen or a refusal is received, the document will become the basis for subsequent actions, for example, for a lawsuit.

Courts of general jurisdiction consider this kind, and if the amount of the claim is up to fifty thousand rubles, then the world court will deal with it, and if above, then the city or district. In this case, the consumer is exempted from the state duty.

In addition, you can complain about imposed services to organizations such as:

- an organization that oversees the provision of services to consumers. You can complain by making a personal visit to the organization, sending a complaint by mail, calling hotline or by filling out a special form on the portal of Rospotrebnadzor.
- the supervisory body of the state, which is responsible for the observance of human rights and the rule of law. The prosecutor's office has a fairly narrow range of powers in this area, but instead forwards complaints to the right address, and also monitors their implementation. So, for example, in accordance with Article No. 30 of Law No. 4015-1 of November 27, 1992 “On the organization of insurance business in Russian Federation”, the supervision of services in the field of insurance is obliged to carry out.
Federal Antimonopoly Service– oversees financial transactions and systems, and specifically tariffs.

Losses caused to the consumer as a result of violation of his right to free choice of goods (works, services) are reimbursed by the seller (executor) in full. "Code of the Russian Federation on Administrative Offenses" dated December 30, 2001 N 195-FZ (as amended on June 2, 2018) .

Search for laws by alternative names and review of Russian legislation

It is prohibited to condition the purchase of certain goods (works, services) on the obligatory purchase of other goods (works, services). Losses caused to the consumer as a result of violation of his right to free choice of goods (works, services) are reimbursed by the seller (executor) in full. It is forbidden to condition the satisfaction of the requirements of consumers presented during the warranty period, conditions that are not related to the shortcomings of the goods (works, services). 3.

Protection of consumer rights in the imposition of services and goods

e. In this case, together with popular item stale, unnecessary, obsolete goods or an unpopular service may be imposed. Sellers in such situations emphasize the impossibility of separating goods and services.

If the client cannot independently resolve the dispute with the seller and conclude a deal in the interests of his interests, it becomes necessary to provide him with assistance from third-party organizations. This may be the judiciary, local authorities, public organizations. home federal organization, which monitors the observance of consumer rights, is Rospotrebnadzor. Insurance hardship Consumers are now often faced with insurance hardships. Credit organizations and banks often, when applying for a loan, force customers to take out life and health or property insurance. However, insurance is a separate service that is not directly related to the loan provided. The client's refusal to sign the insurance contract should not lead to a refusal to issue a loan.

Imposition of services Article of the Criminal Code of the Russian Federation

Your beer-drinking company will leave a much smaller amount in their establishment and will simply "take a seat" where a more "expensive customer" can be seated.

They hint to you: either you order more than you were going to, or you have to leave our solid establishment. There is an imposition of services. It is a condition of your service that you purchase services that you do not wish to purchase.

What to do if a service is imposed?

For example, a bank agrees to provide a loan only if the borrower concludes a life and health insurance contract; in a store, the seller agrees to sell the goods only together with another, etc. At the same time, without purchasing additional goods (works, services), the seller (executor) refuses to sell his goods (work, service). The imposition of additional goods (works, services) can be carried out both verbally and in the text of the contract, information posted on the website of the seller (executor), and in other non-prohibited ways. Such actions of sellers (executors) violate the requirements of Part 2 of Article 16 of the Law of the Russian Federation “On Protection of Consumer Rights” (hereinafter referred to as the Law), according to which it is prohibited to condition the purchase of certain goods (works, services) on the obligatory purchase of other goods (works, services).

Is there an article in the law according to which you can return money for imposed services?

The consumer has the right to refuse payment for such works (services). and if they are paid, the consumer has the right to demand from the seller (executor) the return of the amount paid.

”This is only paragraph 3, there are more points, maybe they are suitable for someone. Thank you all for the answers who responded =) Konstantin Higher Reason (179968) 3 years ago consumer protection law Article 32.

Imposition of services

But a clear link, for example, the sale of a car to the sale of insurance or a loan to life insurance, is already an imposition of services, which, according to the consumer protection law, is a violation. the only effective way protection against attempts to supplement the "package of proposals" remains the rejection of them. If you had to pay for something that you do not need, there is always the possibility of compensation or recognition of the contract as invalid.

Violating consumer law by soliciting services

The seller is not always right in this case. However, the consumer, fearing that he will be denied a loan or chasing additional benefits, does not pay attention to such violations of the law. Or he simply does not know that the actions of the seller or bank employee in this case are illegal.

Most firms strive to get the maximum income from their activities.

Therefore, they often impose additional services that are not related to the main order. However, such actions are considered as a violation of consumer rights. What threatens the violator for the imposition of services? What steps can you take to protect your interests? Let's talk further.

What is meant by service delivery?

The performer has no right to impose additional types services. Therefore, you have the right not only to refuse to receive them, but also to hold the violator liable.

Consider what is included in the concept of imposing services:

refusal to provide the main service without connecting and paying for another service;
inclusion in the contract of additional paid services without your consent;
unless you purchase an additional service.

All the cases considered relate to the imposition of services, even if you were forced to agree to receive them.

The imposition of services is the compulsion to pay for an additional service so that the main one is provided.

What services can be considered imposed?

Often the following cases occur:

issuance of an OSAGO policy - insurers refuse to issue a policy without purchasing another insurance product;
applying for a consumer loan - banks impose different kinds insurance (life, property);
receiving medical care under compulsory medical insurance policies - health workers offer additional paid services;
repair Vehicle- car service employees insist on the inclusion in the contract of services that are not related to the main repair;
purchase of goods in the store - they offer to purchase other products. For example, when buying a cell phone, they insist on getting an additional SIM card.

Often it is insurers and banks that try to impose services.

Responsibility for imposing services

The Contractor for such actions faces liability under various regulatory legal acts - the Civil Code of the Russian Federation, the Law of the Russian Federation "On Protection of Consumer Rights", the Code of Administrative Offenses of the Russian Federation.

You may be liable for:

after receiving a request to purchase and pay for an optional service;
after actually receiving it.

In both cases, the performer will have to prove the legitimacy of his actions if the proceedings reach the court.

It is best to refuse at the initial stage additional services. If this was not possible, then you can count on compensation for losses associated with the unlawful actions of sellers.

Losses include:

the amount actually paid for additional services;
the difference in the cost of services rendered compared to identical types on the market.

They imposed a service - refuse it and recover damages.

Does the article of the Criminal Code of the Russian Federation threaten for the imposition of services?

There is no article in the Criminal Code for the imposition of services.

If your right to a free choice of goods and services is violated, unscrupulous performers can be held administratively liable under Art. 14.8 of the Code of Administrative Offenses of the Russian Federation.

The violator is threatened with:

for officials - a fine from 1 to 2 thousand rubles;
for legal entities - a fine from 10 to 20 thousand rubles.

The fine is collected in the state revenue. At the same time, liability is allowed for each revealed fact of the imposition of services.

You have the right to demand compensation for non-pecuniary damage on the basis of Art. 151 of the Civil Code of the Russian Federation. Its size will be determined by the court based on the degree of your moral suffering.

All sanctions are allowed only by court order.

Where to apply for services?

Consider which bodies and structures you can turn to for the search for the truth:

write a written complaint to the administration of the offending institution or leave a comment in the book of complaints and suggestions;
Rospotrebnadzor - you can contact if your complaint was ignored;
court - if no actions have had an effect, or you have suffered losses from imposed services, write statement of claim on consumer protection.

Please note that based on your complaint, the Rospotrebnadzor service will conduct an inspection and draw up an administrative protocol on the offense. Then the judge will consider it and impose a fine on the guilty.

They imposed a service - write a complaint to Rospotrebnadzor.

We write a complaint to Rospotrebnadzor

If the management of the enterprise did not satisfy your written or oral appeal, you can safely write a complaint to Rospotrebnadzor.

Please indicate in your complaint:

the name and full details of the body to which you are applying;
personal data (full name, address, telephone and e-mail);
the name of the violating organization and its details;
how your consumer rights are violated with reference to the norms of the law;
information about the presence of witness, documentary or other evidence;
date and signature.

Feel free to attach copies of contracts, checks and other documents confirming your words to the complaint.

Rospotrebnadzor does not consider anonymous complaints.

The conclusion of the Rospotrebnadzor service can be used when applying to the court with a claim for compensation for losses and non-pecuniary damage.

If you understand that you will not be able to competently draw up an application or are not able to defend your rights, seek the help of a lawyer. His knowledge and experience will help resolve disputes in as soon as possible. Moreover, you will recover the costs of a specialist from the defendant.

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