And it does not involve the imposition of additional services. How to besiege an obsessive bank. Refusal of the imposed service

What guarantees does the law provide to citizens-consumers?
What sanctions are established for the presence in the contract of conditions that infringe on the rights of the consumer?
Is it legal for a bank to require an insurance contract to conclude a loan agreement?

In contracts, there are often conditions that guarantee the fulfillment of obligations by the counterparty to the maximum extent: increased responsibility, various methods of security, the right to unilaterally withdraw from the contract, etc. At the same time, business entities minimize and limit their liability to the counterparty, as far as possible under the terms of the obligation . In addition, in order to maximize profits and increase sales, sellers try to impose additional services. Such conditions are included in the main contracts, or the main contract is signed only if the accompanying contracts with imposed services are concluded.

Formally, acting within the framework of the principle of freedom of contract, sellers condition the possibility for the client to receive the required service by acquiring another, related service. And in some cases, in the absence additional services they simply require an additional fee (for example, charging a commission for opening and maintaining a loan account, for early repayment of a loan, etc.).

Such abuses daily affect the rights and legally protected interests of many citizens-consumers in a variety of areas - from services Catering, cinemas and attractions to banking and insurance services.

The sellers establish the terms of contracts with imposed services unilaterally and fix them in forms and other standard forms. Citizens-consumers can conclude such an agreement only by joining the proposed conditions as a whole (Article 428 of the Civil Code of the Russian Federation).

The conclusion of a contract by accession significantly limits the principle of freedom of contract, since it excludes the possibility of citizens-consumers to participate in the formation and determination of the terms of the transaction.

Consumer Guarantees

Consumer citizens are economically more weak side and need increased protection from the state, which entails the need to limit the freedom of contract for the other party, that is, for the business entity, - indicates the Constitutional Court of the Russian Federation in its decision of February 23, 1999 No. 4-P.

When a citizen purchases goods (works, services) for personal household needs, he enjoys the rights of a party to an obligation in accordance with the Civil Code, as well as the rights granted by the Federal Law on the Protection of Consumer Rights of February 7, 1992 No. ).

The law establishes a number of guarantees for citizens. In particular, the right of the consumer to receive complete, timely and reliable information about the purchased goods, works or services, about the seller, the possibility of full compensation for losses and compensation for moral damage, alternative jurisdiction, exemption from paying duties if the claim costs up to 1 million rubles. (Article 12 of the Law, subparagraph 13, paragraph 1 and paragraph 3 of Article 333.36 of the Tax Code of the Russian Federation).

Rights Protection

With regard to the situation with the imposition of services, the possibility of protecting consumer rights is provided for in Article 16 of the Law.

The terms of the contract that infringe the rights of the consumer in comparison with the rules established by laws are recognized as invalid. If, as a result of the execution of a contract that infringes on the rights of the consumer, he has incurred losses, they are reimbursed by the manufacturer (executor, seller) in full.

Our reference

It is not allowed to impose on the consumer any additional service of any kind and properties for a fee, to make the receipt of the service dependent on the order of the additional service and its payment, to impose on the consumer any obligations not provided for by law

It is prohibited to condition the purchase of certain goods (works, services) on the obligatory purchase of other goods (works, services). In case of violation of the consumer's right to a free choice of goods, possible losses of the consumer are compensated by the seller (executor) in full.

It is forbidden to condition satisfaction of the requirements of consumers presented during warranty period, conditions not related to the shortcomings of goods (works, services). Often, warranty obligations are drawn up in such a way that the buyer can use the warranty only when he uses the services of a particular organization, otherwise he will be denied warranty service. Such a rule is void, because the service is imposed: if you do not contact a specific seller, you will lose the right to a guarantee.

The seller (executor) is not entitled to perform additional work, services for a fee without the consent of the consumer. The consumer has the right to refuse to pay for such works (services), and if they are paid, the consumer has the right to demand that the seller (executor) return the amount paid.

For the inclusion in the contract of conditions that infringe on the rights of the consumer, fines are established for officials (entrepreneurs) in the amount of one to two thousand rubles; for legal entities - from 10 thousand to 20 thousand rubles. (Article 14.8 of the Code of Administrative Offenses of the Russian Federation).

legal consultation

Freedom of contract

Alexander Bychkov

The principle of freedom of contract is one of the main principles of Russian civil legislation.
Physical and legal entities acquire and implement civil rights their own will and in their own interest. They are free to establish rights and obligations on the basis of the contract and to determine any conditions of the contract that do not contradict the law (clause 2, article 1 of the Civil Code of the Russian Federation). Citizens and legal entities exercise their civil rights independently at their own discretion (Clause 1, Article 9 of the Civil Code of the Russian Federation), except when the content of the relevant condition is prescribed by law or other legal acts.
The parties may conclude agreements, both provided for in the law and other legal acts of the Russian Federation, and not provided for (unnamed agreements), as well as conclude mixed agreements containing elements various treaties(Article 421 of the Civil Code of the Russian Federation).
At the same time, as emphasized in judicial practice, the principle of freedom of contract implies the good faith of the actions of the parties, the reasonableness and fairness of contractual terms, in particular, their compliance with the actual economic meaning of the agreement being concluded, compliance with the principle of equality of participants in civil legal relations (resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation of July 12, 2011 No. 17389/10). The principle of freedom of contract does not exclude the observance of the rules of good faith, reasonableness and fairness when determining its content (Resolution of the Federal Antimonopoly Service of the Volga-Vyatka District of September 26, 2006 No. A43-3546 / 2006-4-74). Actions aimed solely at causing harm to another person or abuse of the right in other forms are not allowed (Article 10 of the Civil Code of the Russian Federation).

The statute of limitations, within which it is allowed to bring to administrative responsibility for violation of consumer rights, is one year from the date of the offense (part 1 of article 4.5 of the Code of Administrative Offenses of the Russian Federation). The offense itself cannot be classified as a continuing one, it is considered to have taken place at the time of signing (concluding) an agreement containing unacceptable conditions (Decree of the Federal Arbitration Court of the West Siberian District of January 19, 2011 No. A03-6852 / 2010).

When facts of violation of their rights are revealed, consumers have the right to apply to the court for their restoration and protection, bearing in mind that their claims in the amount of up to 1 million rubles. are not subject to duties, and also contact territorial administration Rospotrebnadzor.

Contracts that infringe on the rights of consumers are often found in the field of consumer and cultural and entertainment services. In practice, the courts bring unscrupulous sellers to administrative responsibility for various abuses related to the imposition of additional services on consumers (Table 1).

Table 1 Disputes related to the infringement of consumer rights in the field of consumer and cultural and entertainment services

No. p / p
1	for the developer's refusal to transfer the apartment to the shareholder: - until the moment of payment of the cost of the metal door, which was not provided for either by the terms of the contract between them, nor design and estimate documentation(Resolution of the Federal Antimonopoly Service of the Central District dated September 30, 2004 No. А14-2794-04/70/13); - until the conclusion of the contract for the maintenance of an apartment building with management company specified by the developer (Resolution of the Federal Antimonopoly Service of the Volga District dated November 9, 2009 No. A12-11286 / 2009)
2	for the inclusion in the contract of sale of a washing machine of the condition on the need to purchase a certificate of an additional service program for a fee for 2 years, since such a certificate, without installing additional services, replaces the consumer's right to free elimination of defects in the goods if they are detected during the warranty period (decree Federal Antimonopoly Service of the Ural District dated September 19, 2006 No. Ф09-8209 / 06-С1)
3	for setting a fine by the owner of a restaurant or cafe for drinking food and drinks brought with them, since it is not allowed to impose a fine for the very fact of taking actions without determining the amount of damage caused or in the absence of it at all, it is not allowed to establish a fee for a service that is not provided (FAS resolution of the Urals District dated January 26, 2009 No. Ф09-10590 / 08-С1)
4	for the provision of services for visiting attractions, subject to the purchase of a plastic card for a fee. The fact that a plastic card is a technically justified element of the park economy and without its purchase it is impossible to operate the attractions does not matter, since the imposition of this service is not allowed (Resolution of the Federal Antimonopoly Service of the North Caucasus District dated November 7, 2008 No. Ф08-6654 / 2008)
5	for the establishment by the university in the study contract of the condition on the need to purchase journals for a fee, that after the issuance of an order to enroll a student in the first year, if he terminates the contract, the fee for the first year is not refundable (decree of the Federal Antimonopoly Service of the North-Western District of August 12 2010 No. А56-74250/2009)
6	for the inclusion in the contract of sale of the conditions for the provision of warranty service only if there is a concluded service contract, the establishment of a penalty for violation by the consumer of the deadline for fulfilling his obligations, the collection of a fine for terminating the contract by the consumer through his fault (decree of the Federal Antimonopoly Service of the Volga-Vyatka District dated November 9 2010 No. А28-4694/2010)
7	for charging a fee for issuing a ticket by the bus station, since the ticket itself is not a product, but only certifies the right of the consumer to use the transportation service, and therefore the issuance of a ticket cannot be recognized as an independent service No. А31-10272/2009)
8	for refusing admission to the cinema if you have with you food products purchased not at the cinema bar, but at another point of sale(Resolution of the Federal Antimonopoly Service of the East Siberian District of March 4, 2011 No. А33-12127/2010)

Banking and insurance

In banking practice, it is common to require an additional insurance contract when granting a loan. There are two opposing views on the legality of such a requirement.

First. The requirement to conclude an insurance contract in addition to the loan contract is unacceptable. The law provides for voluntary and compulsory insurance, while compulsory insurance is possible only in cases established by law (Article 927 of the Civil Code of the Russian Federation). The fulfillment of an obligation may be secured by a penalty, a pledge, a surety, a bank guarantee, as well as by other means provided for by law or an agreement (Article 329 of the Civil Code of the Russian Federation). However, this does not mean that an insurance contract can be attributed to the number of ways. It is prohibited to condition the conclusion of a loan agreement with the obligatory conclusion of an insurance agreement, to establish the right of a bank to demand early repayment of the loan amount with interest paid and the right to foreclose on the pledged property in the absence of an insurance agreement, to establish liability in the form of a penalty for failure to fulfill the obligation to conclude an insurance agreement. Such conclusions are contained in the ruling of the Omsk Regional Court dated July 7, 2010 No. 33-4139/10. This point of view is shared by the Federal Arbitration Court of the Central District, which considers that since the borrower's obligation to insure his life and health is not provided for by law, it is illegal to include a mandatory insurance clause in a loan agreement with a bank. In addition, insurance in relation to lending is an independent service (Decree of December 23, 2010 No. А08-3307 / 2010-17).

Similar conclusions are contained in the decisions of the Federal Arbitration Court of the West Siberian District of December 17, 2010 No. A03-8828/2010 and of September 2, 2010 No. A45-27852/2009, of the Federal Arbitration Court of the Far Eastern District of December 10, 2008 No. F03-5068/2008.

There is another approach that allows the requirement for insurance. The main source of income for the borrower to repay the loan is his salary, the receipt of which directly depends on the health of the citizen, insurance of the corresponding risks is associated with ensuring the repayment of loans, - indicated in the cassation ruling of the St. Petersburg City Court of January 31, 2011 No. 33-1155 / 2011 . The admissibility of the obligation of the borrower to insure his life in the loan agreement is expressly provided for by the current instructions of the Bank of Russia dated May 13, 2008 No. 2008-U “On the procedure for calculating and communicating to the borrower-individual the full cost of the loan”. When calculating the cost of a loan to individuals (consumers), the bank is obliged to take into account the borrower's payments in favor of third parties in the cost of the loan. These payments include, among other things, payments for the life insurance of the borrower (clause 2.2 of the Instructions).

The arguments that the borrower must conclude an insurance contract with a specific insurance company before the actual provision of the loan, which violates the right to freedom of choice of the party under the contract and leads to an increase in costs, makes the purchase of some goods the acquisition of others, the judges considered unreasonable, since for making a decision that the loan is indeed secured by life and health insurance of the borrower, the bank needs to be sure that in the event of an insured event, the insurance company will be able to carry out the proper insurance payment, since the bank was the beneficiary of the insurance contract. If there is no such confidence at the time of the conclusion of the loan agreement, the bank cannot consider the loan secured, cannot make a decision on issuing a loan, and therefore the bank is interested in the borrower being insured by a solvent insurance company. In addition, in the event of an insured event, the bank must have information about the insurance company to which it must apply as a beneficiary to receive an insurance payment.

The Federal Arbitration Court of the Urals District indicated that the requirements of paragraph 2 of Article 16 of the Consumer Rights Protection Law apply to cases where the product or service itself and the subsequent product or service are sold (provided) by the same person, in connection with which the the condition of insuring property from another person is not subject to the prohibition of imposing services (decree of March 24, 2008 No. Ф09-1803 / 08-С1). In their later decisions of November 18, 2008 No. F09-8531 / 08-S1, of September 29, 2009 No. F09-7322 / 09-S1 and of February 3, 2011 No. F09-11602 / 10-S1 of the judge pointed out that such a condition of the loan agreement significantly limits subjective rights consumer and makes their implementation dependent on the will of a third party.

The first point of view seems to be correct, since the possibility for the borrower to obtain a loan is made dependent on the conclusion of an insurance contract by him. The two named financial services in relation to each other are independent, their imposition is unacceptable. The fact that not one person, but a bank and an insurer enter into contracts with the borrower does not have legal significance for compliance with the prohibition of imposing a service, since it does not follow from the content of the provision of Article 16 of the Law that it does not apply to cases where the services being imposed are provided by a third party which has nothing to do with the main contract. In addition, the bank is not entitled to engage in insurance activities, which is expressly stated in Article 5 of the Federal Law of December 2, 1990 No. 395-1 “On Banks and Banking Activities”.

Otherwise, there is a situation when the borrower had the opportunity to conclude a loan agreement with the bank without concluding an insurance agreement. In paragraph 8 of the information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated September 13, 2011 No. 146, it is indicated in this regard that such a state of affairs is permissible if the insurance service is not imposed on the consumer. In the example given in the letter, when issuing loans to citizens, the bank applied its own rules for issuing loans to individuals for the purchase of vehicles. According to the rules, life and health insurance of the borrower was a measure to reduce the risk of loan default. At the same time, the rules allowed for the issuance of a loan even in the absence of an insurance contract, but in this case a higher interest rate was set on the loan. The bank was able to prove that the difference between these two rates is not discriminatory. In addition, the bank's decision to grant a loan did not depend on the borrower's consent to insure his life and health in favor of the bank. The loan agreement being drawn up also contained a condition that the amount of debt on the loan (in terms of the principal amount of the debt and interest accrued but not paid for using the loan) is reduced by the amount of insurance compensation received by the bank from the insurance company upon the occurrence of an insured event. The court also drew attention to the fact that the difference between the interest rates for loans with insurance and without insurance was reasonable. As can be seen from the loan application signed by the borrower, he chose the loan option, which provides life and health insurance as one of the mandatory conditions, with a lower interest rate. Thus, the circumstances of the case indicate that there was no imposition of insurance services when issuing a loan.

Illegal are any additional requirements and conditions imposed by insurers on their customers, imposing additional obligations on them that are not provided for by law. The Federal Arbitration Court of the Moscow District pointed out that the inclusion in auto insurance contracts of the obligation of the insured to equip the insured vehicle with a set of anti-theft devices directly infringes on the rights of the consumer (decree dated November 6, 2008 No. KA-A40 / 9735-08).

It is not allowed to establish a commission or a penalty for early repayment of a loan by the bank. The debtor has the right to fulfill the obligation ahead of schedule, unless otherwise provided by law, other legal acts or terms of the obligation, or follows from its essence (Article 315 of the Civil Code of the Russian Federation). The possibility of early repayment of a loan granted at interest, subject to the consent of the lender, is provided for in Article 810 of the Civil Code. The law stipulates the borrower's right to early repayment only with the consent of the lender and does not connect it with the need to pay a commission.

By virtue of Article 393 of the Civil Code, the possibility of imposing a property obligation on the debtor is made dependent on the non-fulfillment or improper fulfillment by him of his obligation to the creditor. That is, a commission is possible when the borrower does not repay or untimely repays the debt. The actions of the borrower for the early repayment of the loan are not non-fulfillment or improper fulfillment of the relevant obligation and, accordingly, cannot entail the onset of consequences, including the emergence of the rights of the creditor to present additional property claims against the debtor and the obligations of the debtor to satisfy these requirements. Said conclusion is confirmed judicial practice(Decrees of the Federal Arbitration Court of the Volga District of August 23, 2010 No. A65-26823/2009, of the West Siberian District of November 15, 2010 No. A45-6220/2010). In addition, it is not allowed to establish a commission for the very fact of issuing a loan, as indicated by the Federal Arbitration Court of the Moscow District in its decision of December 28, 2010 No. KA-A41 / 16204-10.

table 2 Disputes related to infringement of consumer rights in the field of banking services

No. p / p	The seller is held liable
1	granting a loan under the condition of issuing a bank card, opening and maintaining a bank account (Resolution of the Federal Antimonopoly Service of the Urals District dated September 3, 2008 No. Ф09-6296 / 08-С1)
2	condition of the loan agreement on the term for the borrower to fulfill the obligation to the bank: - from the moment the money is credited to his correspondent account, since it makes the fulfillment of the borrower's obligation dependent on the actions of banks (Resolution of the Federal Antimonopoly Service of the Moscow District dated December 28, 2010 No. KA-A41 / 16204-10); - from the moment the money is debited from his account by the bank (Decree of the Federal Antimonopoly Service of the Urals District of August 3, 2011 No. F09-4572 / 11)
3	expansion by the bank of the list of cases of early repayment of the loan, in particular, by indicating such a possibility in the presence of any violation of the loan agreement by the borrower (Resolution of the Federal Antimonopoly Service of the North-Western District of November 26, 2009 No. A44-2297 / 2009)
4	establishment of additional obligations to pay fees for opening and maintaining accounts (current banking, loan) and settlement and cash services (recommendations of scientific advisory councils at the Federal Antimonopoly Service of the West Siberian District and the Federal Antimonopoly Service of the Urals District (based on the results of a joint meeting held on April 9-10, 2009 in Yekaterinburg (minutes No. 2 dated June 29, 2009)
5	charging a fee for issuing certificates on the client's account about the amount of the balance, the amount of debt, etc.
6	the condition of the loan agreement prohibiting the borrower from acting as a guarantor, pledging his property, obtaining loans from other banks without the written consent of the bank, since it significantly restricts the subjective rights of citizens, and makes them dependent on the will of a third party bank (Decree of the Federal Antimonopoly Service of the East Siberian district dated May 14, 2008 No. A33-12575 / 07-F02-1933 / 08)
7	condition of the loan agreement on the prohibition of the borrower to repay the loan within a certain time, on the right of the bank to demand early repayment of the loan in case of deterioration financial position borrower, setting a fine for the borrower's refusal to receive a loan ( information mail Presidium of the Supreme Arbitration Court of the Russian Federation dated September 13, 2011 No. 146)

Summarizing the above, we can draw the following conclusions. The current legislation does not allow to set a condition for the acquisition of some goods (works, services) to necessarily purchase others. This prohibition is universal and applicable not only in the field of consumer and cultural and entertainment services, but also in the field of financial services (bank lending, insurance), equity participation in construction, etc.

It does not matter from whom the imposed service is purchased - from the person with whom the consumer concludes the main contract, or from a third party, since the above prohibition is not restrictive in its content. It is not allowed to include in the contract with the consumer conditions that infringe on his rights in comparison with the way they are defined by the current legislation, to impose any additional obligations on him.

Very often the buyer is faced with such 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 money spent by the buyer cash in 100% volume for 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 it is required condition by law.

If credit organisation 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 believe that it makes sense to make a mandatory condition for signing an insurance contract when obtaining 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 they are trying to infringe on your rights. 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 the operator mobile communications connects a paid service to the subscriber without prior warning.

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 refers to the impossibility of providing 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 connected services without your consent to the service and demand a refund, and disconnect connected services and subscriptions 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, it is necessary to 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. Because trial- it is not an easy matter, do not hesitate to seek help from 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 ranging 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. From state duty the consumer is then released.

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 for tariffs.

What threatens the imposition of additional services on the consumer? Main Legislative act, which is able to protect buyers from the imposition of additional services - article 16 of the Labor Code of the Russian Federation. It states that the consultant does not have the legal competence to encroach on the personal space of the consumer and impose his opinion on the purchase of the item. The Consumer Protection Act accurately characterizes this by saying that:

Every buyer has a mandatory free choice. The information that is given to the client by the seller should not turn into coercion to buy the product. Every citizen has the right to be responsible for the choice he makes on his own;
Any manifestation of the imposition of additional services is punishable by filing a claim with a judicial institution.

The imposition of services under the law on consumer protection

Article 14.8 of the RF Code of Administrative Offenses protects the rights of clients. In paragraph number 2 normative document it is said that it is not allowed to prescribe in a written agreement conditions that infringe on the rights of consumers. Article 426 of the Civil Code of the Russian Federation states that commercial organization does not have the right to refuse to conclude a client public contract for no good reason.
IMPORTANT With regard to intrusive advertising over the phone, here the regulation is carried out by a separate legal act. Federal Law N 38-FZ "On Advertising", namely its 18th article, provides for the distribution of marketing offers by telephone only with the consent of the subscriber. When is a service considered imposed on a consumer? Sellers are interested in selling as many of their goods or services as possible.

To do this, they use various tricks.

How does the consumer protection law save you from imposing a service?

The injured party has the right to demand moral compensation (Article 15 of the Law "On the RFP").

An evidence base is needed to confirm that the additional service offered by the seller was imposed. If the consumer can prove abuse, they should contact the following authorities for further proceedings:

Rospotrebnadzor;
prosecutor's office;
federal antimonopoly service;
the Russian union of motor insurers (in case of refusal in the OSAGO contract);
the Central Bank of the Russian Federation (if banks violate the law);
Roskomnadzor (offenses of cellular operators);

How to refuse the imposed service? If a situation arises in which the seller frankly wants to impose an unnecessary service on the consumer, you must refuse, referring to the law "On the Protection of Consumer Rights".

Imposition of services

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;
requirement for further maintenance or purchase of component goods only from certain groups of persons;
the imposition of a comprehensive set of services that are essentially independent of each other and can be provided separately (for example, the acceptance of documents by the insurer with the accompanying provision of technical paid services for filling out 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.

What article is provided for the imposition of paid services

Connection of services by a telecom operator How to return money for the connected services of a mobile operator? Perhaps the most common type of imposed services is a lot of paid services and subscriptions connected by mobile operators to subscribers' phones. Almost every user has encountered a situation where funds are leaking from a mobile account. Money is usually spent on:

services that were connected for free, but eventually became paid;
paid subscriptions connected without the user's knowledge on the mobile Internet.

In order to disable paid services, you can use several methods, but in order to return the money spent, you may have to make a claim.

Responsibility for imposing additional services

The Law on the Protection of Legal Opportunities states: in the event of coercion by the seller, the client can fill out a sample application and submit it to the court;

If the consultant refuses to sell the item without additional goods, the judicial authority shall charge the store specialist with a fine;
If the consumer wishes, it is possible to write an application to the court and receive compensation for damages for the goods that were purchased due to imposition. A mandatory consumer contract, which is concluded with the contractor and the buyer, in case of coercion, is broken.

There is a clear line that distinguishes a good consultant from a violator: the imposition of additional services, according to the Law on the Protection of Citizens' Rights, is prohibited. In case of disagreement and violation of the rules, the seller faces administrative responsibility for what he did.

Protection of consumer rights in the imposition of services and goods

Info

The claim must indicate the details of the parties involved in the dispute. The document prescribes the essence of the problem and the requirement for the seller. It is also necessary to attach the evidence base and describe the process of pre-trial proceedings.

Important

It is necessary to clarify with the sellers the conditions for the purchase of a particular service. And in the case of a contract, get acquainted with its clauses even before signing and pay attention to the fine print. A consumer can report an offense one year after it was committed.

Download a sample application for refusal of imposed services Imposition of services by phone Telephone spam is a fairly common phenomenon in Lately. Annoying calls or SMS are distributed at the most inopportune moment. At the same time, the subscriber did not give his consent to receive advertising in this way.
Often requests to stop calls go nowhere and phone spam is repeated over and over again.
The presence of such conditions at the conclusion of the transaction is a direct violation of consumer rights. The imposition of a service entails liability for the seller (return to the buyer of the paid amounts and recognition of the transaction as invalid). To protect their rights, the consumer must have evidence that the fact of imposing the service has taken place. To confirm this fact, you can use any material evidence, testimonies, documents, videos, etc. this issue occurs in local authorities, judicial bodies, public organizations.

Consumer Rights Act: solicitation of services

Unauthorized connection of additional options and the imposition of services on the consumer is illegal. Decree of the Government of the Russian Federation No. 328 dated May 25, 2005 (clause 21) states that the mobile operator does not have the right to impose additional paid options. Additional Information Referring to this regulatory legal act and the law "On the Protection of Consumer Rights", the subscriber can write a statement on the fact of the offense to the head office of the operator.

Attention

If this action will not take effect, you should complain to Roskomnadzor and other higher authorities. Nuances In the case of the fact of the imposition of services, the law is on the side of the consumer. But when preparing to file a lawsuit, you should take care of the evidence base.

Audio-video materials, voice recording from a voice recorder will help to prove the fact of an offense.

Imposing services on consumers

Consumer Protection Law 2018 - imposition of additional services Article 16 of the Consumer Protection Law states that the buyer has the right to file a claim with the court in case of imposition of goods by the contractor. If a representative of the store, without the consent of the client, completes the purchase of extra goods, the client has the right to refuse the item and terminate the contract. In turn, the contractor does not have the privilege to dispose of the client's funds and, without his knowledge, attribute additional features and goods to the purchased item. In order not to violate the law and not be held administratively liable, the seller must not impose goods on the client. What to do if a service is imposed? In order not to overpay for imposed items and functions, you can complain to the representative of the trade organization personally. In case of non-response, the client writes a claim against the consultant.