In June belgorodets Sergey Krivosheev bought a TV “Samsung” with a concave 145-centimeter screen of 378 000 rubles. The purchase, the company delivered to the house, removed from the box in a month and found a crack on the screen.
disappointed buyer wrote in “El Dorado” claim, demanding to replace the goods of improper quality. A week later received a reply: the replacement will not be as you say, do damage your TV when you installed it in his house.
Then, at his own expense, Sergei ordered examination. They found damage to the matrix, with this failure, in their view, arose when transporting the TV. That is Krivosheev has brought waste product. Seller Representatives present at the examination and agreed with its conclusions, however, terminate the contract and refused to return the money back.
I had to go to court. The statement of claim the buyer asked to collect from the company “Eldorado” 378 thousand. Rubles, paid for the defective television, forfeit 124 772 rubles for the delay in meeting the legal requirements for the exchange of goods or refund the money for him, 100 thousand. Rubles – pecuniary damage and 6300 – the examination (of 609,072 rubles).
At the trial, a representative of the claims are not recognized. He particularly referred to the fact that the TV is big, it weighs 40 kg, and Krivosheev could easily drop it when mounted on the wall. Nevertheless, any evidence of guilt in the deterioration of the goods the buyer has not provided the court.
Belgorod District Court found the claim justified, reducing, however, compensation for non-pecuniary damage and 5 th. Rubles. But added to them 253,935 rubles fine for dissatisfaction voluntary customer requirements and 8528 rubles state duty. Thus, the sale of low-quality goods and disregard the rights of the consumer can do “Eldorado” at 776,498 rubles, if the decision is not appealed to the appeal in the Belgorod Regional Court.
Yevgeny Filippov
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