What is the imposition of services definition. What is an imposed service? What to do if additional services are imposed

Imposing services is one of the most serious problems Russian consumer; how to protect yourself from imposition of services - read here.

Attempts to force the buyer to purchase unnecessary additional services and make unplanned expenses are classified as a violation of consumer rights. And such actions are fraught with an offensive administrative responsibility.

Article No. 16 of the Law on the Protection of Consumer Rights stipulates that the seller cannot impose certain additional services and goods as a supplement to the main product.

If the buyer ends up losing money and his rights as a consumer are violated, the seller is obliged to compensate for all losses of the buyer.

The contract concluded between the buyer and seller in this case is considered invalid.

In this case, not the entire transaction is considered invalid, but only that part of it that is contrary to the interests of the buyer. The remaining components of the agreement are considered valid and are quite legally strong.

Let's answer the question, what are the basic rights of a consumer?

So, among the rights of the buyer, consumer and user:

A choice based on free will.

Impossibility of imposing a service or product.

The buyer may be entitled to compensation for damages.

The fact of imposition of services is sometimes impossible to prove. Most often along with the sale the desired product, unpopular services and outdated goods are imposed on the buyer. In these cases, sellers insist that it is impossible to separate goods and services.

If the buyer is unable to prove his opinion to the seller, they come to his aid third-party organizations And government agencies.

In particular, the court, consumer rights protection organization, municipal authorities authorities.

Among the main organizations on federal level, whose competence includes monitoring compliance with consumer rights - Rospotrebnadzor.

Imposition of services: insurance

Often banks, other financial institutions impose life or health insurance on the consumer when concluding a loan agreement. Citizens who are illiterate legal terms, agree with the insurance service imposed by the bank, which is added to the loan payments.

Despite the fact that they may not sign an insurance contract and the bank cannot refuse a loan to the consumer. Since the insurance in this case only an additional service, that is, the consumer can agree to it or refuse it.

And the client’s refusal does not mean that he can be denied a loan. This is a direct violation of consumer rights.

If the loan is made on the condition of insurance, it may be invalidated and the client has the right to receive all the funds spent on the imposed insurance.

Insurance of pledged property is the only exception; here insurance is a mandatory condition.

If in loan agreement insurance services are imposed, it may reflect such unlawful conditions as

Insurance is imposed as the responsibility of the borrower.

The opportunity to refuse insurance is not specified.

If the contract cannot be changed.

The consumer does not have the opportunity to choose the insurance company himself.

You cannot choose the method of payment for the insurer's services.

The bank stipulates discounts on the loan if an insurance contract is concluded.

Imposing insurance services insurance companies during registration of the MTPL policy.

Purchasing insurance that the consumer does not need increases unnecessary costs for the consumer.

The Civil Code provides for the impossibility of refusing to provide a consumer with a service that the consumer needs. However, the purchase of one service or product should not condition the purchase of another service.

Having the entire package of documents necessary to issue an MTPL insurance policy, the driver has the right to obtain insurance without purchasing additional insurance.

Imposition of services: is it possible to refuse unnecessary ones?

If a service is forced on a buyer, it is assumed that it is impossible to purchase the required service without purchasing additional, non- required services, which the citizen does not need.

It is in this case that it is worth talking about violated consumer rights, declaring the transaction invalid and returning the funds spent by the citizen back to him.

If the buyer offer additional service, but not forced purchase it together with necessary service, such actions are not considered an imposition of service.

For example, if a store offers a promotional opportunity to buy shampoo along with conditioner at a discount, in this case there is no imposition of goods.

After all, it is up to the buyer to purchase shampoo without a discount and without conditioner, or to purchase shampoo together with conditioner at a discount.

But if shampoo cannot be purchased without conditioner, despite the fact that it separate categories goods - consumer rights are violated.

Imposing services: how to act as a consumer

How can a consumer protect himself from the imposition of services? Here are six rules that must be followed for this.

Review the contract before signing it.

Find out from sellers the conditions for purchasing goods or purchasing services and the possibility of refusing unnecessary additional purchases.

If disagreements arise at the time of signing the contract, contact the head of the institution.

If the issue cannot be resolved on the spot, you need to send a statement to management listing all your requirements. Prepare the application in two copies. One remains with the consumer, the second is sent by mail by registered mail with notification of receipt.

If the management of the institution ignores your application, you should contact organizations that can protect the consumer: court, consumer rights protection organization, Rospotrebnadzor.

In protecting his interests, the buyer is obliged to provide evidence of violation of consumer rights by the seller of services or goods or the manufacturer of the product.

Such evidence may include audio-video recordings, evidence, documentation.

If pre-trial procedure everything has been completed, but there is no result, you need to file a lawsuit in court. A claim can be filed either by the consumer himself or by his representative - a lawyer, a representative of a public organization.

In court, it also makes sense to turn to all your evidence - both documentary and material and testimonial.

The consumer representative must have a notarized power of attorney. In addition to the plaintiff-buyer and the seller-defendant, a representative of Rospotrebnadzor can take part in the court hearing.

Claims in which we're talking about about a product or service worth up to 50 thousand rubles are considered by the magistrate court. Those claims where more large sums, are being considered district courts.

Statements of claim are filed either at the place of residence of the plaintiff or at the location of the defendant organization.

The statement of claim must indicate:

The exact name of the court.

Accurate data of the consumer, his representative and their contacts.

The exact name of the defendant organization.

Addresses of the organization - actual and legal.

The essence of the customer's complaint.

Confirmation of the imposition of the service by the seller.

Confirmation of attempts pre-trial decision question.

List of all documents attached to the claim.

Imposing a service is fraught with liability for the seller: declaring the transaction invalid and returning to the consumer all funds spent on the transaction.

To confirm the fact of imposing a service on the plaintiff, it is important to use all available evidence, including witness's testimonies.

These disputes can, by and large, only be resolved in court.

If you need to make a lawyer your representative in court, please contact us. We will help.

Editor: Igor Reshetov

An attempt to impose on the buyer additional services that he does not need, which come as an addition to the main ones, thereby forcing the consumer to additional expenses, indicates that consumer rights are being violated. Such behavior on the part of sellers of services and goods entails liability. The seller is breaking the law in this situation.

How to protect your rights

the federal law Russian Federation“On the Protection of Consumer Rights” is the main document with which you can protect your rights.

When purchasing a product by a consumer, the seller does not have the right to impose an additional service or product, this is stated in Article 16 of the Federal Law of the Russian Federation.

The seller must compensate for all losses of the buyer if, due to the infringement of the latter’s rights, he suffered financial waste. An agreement that was concluded under such conditions is considered invalid. Such requirements are present in the consumer rights law.

The protection of consumer rights is covered by Article 16 of the Federal Law of the Russian Federation “On the Protection of Consumer Rights”.

Concluding an agreement to which additional services imposed on the buyer are added can be challenged. Legislation is always on the side of consumers. This clause may be removed from the agreement; otherwise, the buyer must adhere to the agreement, since it has full legal force.

Basic consumer rights include:

• Freedom of choice.
• No indirect or direct pressure when determining the choice.
• Prohibition on imposing a product (service).
• Has the right to receive compensation for losses incurred from the imposed service.

It is very rarely possible to prove that the service was imposed and not your own choice.

There may be indirect pressure from the seller, in the form of possible right choosing one or another service package. In addition to the main product, they may offer unnecessary insurance or other services. Most often they say that the product you have chosen cannot be purchased without an additional product (service).

If the consumer is unable to refuse the seller because he does not need an additional service, he can turn to a third party.

Such organizations include local authorities authorities, judicial representatives or public service.
Respotrebnadzor is main organization, which monitors compliance with consumer rights.

How to refuse an additional service

Very often, commercial organizations impose their products on the consumer, thereby not leaving him the right to choose and the opportunity to buy exactly the product he needs. Only under such pressure does the buyer have the right to terminate the sales contract and return the money he spent. In the case where the choice really remains with the consumer, and services are only offered to him, it cannot be considered an imposition.

What can the consumer do?

You can protect yourself from unnecessary services in the following ways:

• Re-read the agreement before signing it.
• Clarify the meanings and conditions of an unclear clause, and also find out about the possibility of refusing the service in the future.
• If there is a disagreement between the consumer and the seller regarding any of the points, you must contact the administration commercial organization.
• If a representative of the organization is absent, you can send him a registered letter in which you indicate all your requirements. Such a letter must have two copies. One copy must be kept by the consumer, and a notification must also be returned to him that the administrator or manager has received a copy of the letter sent to him.
• If a representative of a commercial organization ignores his client’s request, he has the right to file a statement of violation of rights with one of the public organizations.

The consumer is obliged to provide evidence of violation of his rights. According to the law, this can be audio, video recordings, as well as documents of various kinds.

How to file a claim for infringement of legal rights

When the issue cannot be resolved peacefully, the consumer has to go to court. To submit an application, he must have evidence that the service was imposed on him. As evidence, you can provide a video recording or a witness, if available. A claim can be filed either on behalf of the consumer or by the consumer himself. When transferring the rights to represent your interests to a lawyer or public organization, it is necessary to certify the power of attorney notary office. During court session both the plaintiff (consumer) and the defendant (seller) or his confidant. A representative from Respotrebnadzor may also be present.

When filling out the claim, you must indicate:

• Name of the court.
• Contact and personal information of the buyer or his representative.
• Contact details of the defendant (commercial organization).
• Legal and actual location of a commercial organization.
• There is a customer complaint.
• Evidence that the service or product was imposed and not chosen by the consumer.
• Cost of claim.
• Copies of registered letters and evidence that they tried to resolve the conflict before the court hearing.
• List of additional documents.

Life and health insurance when obtaining a car loan from a bank (or a regular loan), additional options when purchasing compulsory motor liability insurance, connection of paid options by a mobile operator. All these are examples of imposed services.

In this article, on detailed examples, 4 questions are addressed:

• How to get rid of imposed services when obtaining a car loan?
• How to refuse insurance when receiving a bank loan?
• How to refuse insurance when purchasing a compulsory motor liability insurance policy?
• How to get money back for services mobile operator that you didn't connect?

And most importantly, which ones - specific ones! - articles of which laws to rely on when refusing imposed services and demanding a refund for these services.

What articles of law should you rely on to prove your case?

The most basic law that lawyers use, relieving their clients of the need to pay for imposed services, is the law “On the Protection of Consumer Rights.” It provides the necessary basis for refusing imposed services:

• Article 10 “Information about goods (works, services)”: the contractor is obliged to promptly provide the consumer with the necessary and reliable information about the goods, works and services... Price in rubles and conditions for purchasing goods.”

It is important to know: that is, the seller must communicate the terms of purchase before purchasing. Because after the purchase it is definitely untimely.

• Article 13 “liability for violation of consumer rights”: “losses caused to the consumer are subject to compensation in full in excess of the penalty, established by law or a contract";
• And most importantly: Article 16 “Invalidity of contract terms that infringe the rights of the consumer,” which establishes that the purchase of some goods and services cannot be made conditional on the need to purchase other goods and services. The so-called “load” ended with the Soviet Union.
• In addition, it is specifically stated that the seller cannot, without the buyer’s consent, perform additional work or services for a fee.

It is important to know: if the seller performed work for a fee without the buyer’s consent, and the buyer paid for this work, then he may demand that the seller return the amount paid (Part 3 of Article 16 of the Law “On Protection of Consumer Rights”). And even more than that - if the seller made the sale of a product or service dependent on the purchase of another product or service, and the buyer agreed, then he, the buyer, can demand compensation for losses (Part 2 of Article 16 of the Law “On Protection of Consumer Rights”). Remember these two rules set out in parts 2 and 3 of Article 16. They will be very useful.

4 examples of imposed services and what should be done in each of these cases

It is important to know: if you suspect that a service will be imposed on you - at the bank when receiving a loan or when applying for compulsory motor liability insurance - take a voice recorder with you. The recording will be proof that you are right. This is not paranoia, but reasonable prudence.

Example 1: A Muscovite came to the bank to apply for a loan to buy a car. Amount - 500,000 rubles. However, the contract specified insurance, three of them: CASCO, MTPL, life insurance. The cost of these insurances is another 110,000 rubles. The bank employee said that these insurances are mandatory and serve as a guarantee for the bank to repay the loan. The client said that he did not need any insurance. In response, the bank employee said that “everyone agrees and no one has regretted it yet,” “you will feel confident,” “the bank most likely will not approve a loan without insurance,” and “if without insurance, then interest rate will be much higher."

• What is broken: Part 2 of Article 16 of the Law “On Protection of Consumer Rights”, which prohibits conditioning the purchase of goods or services on the need to purchase other goods and services.
• What to do if these conditions are imposed on you: demand to change the contract by removing clauses on “voluntary” insurance from it, refer to the law “On the Protection of Consumer Rights”. Have a voice recorder turned on. A recording of a conversation with a manager will be excellent evidence of imposition of a service in court.
• What to do if you signed an agreement with the bank on its terms: apply for qualified legal assistance and prepare for trial. Writing a claim to the bank does not give anything in 99% of cases. A letter comes from the bank, the meaning of which is that “you yourself signed the contract, all insurance is voluntary, you could refuse them, and since you agreed, you pay.”

To terminate insurance contracts, you will have to go to court. To do this, you need to create a competent statement of claim. Since we are talking about a complex of legal relations (a car loan is one thing, and insurance contracts are another), the claim will be quite voluminous and complex. It is better to have it compiled by a professional.

It is important to know: in the case of loan interest, the situation is interesting. Arbitrage practice recognizes, as a rule, the dependence of interest on insurance as legal. Insurance is issued - the percentage is lower. No insurance - the percentage is higher. But the percentage difference should be reasonable. For example, if the interest rate on a loan with insurance is 21% per annum, and without insurance - 45% per annum, then the court is unlikely to decide that this is reasonable. The court will evaluate everything, and a professional lawyer is needed to present your position in the most favorable light for you.

Example 2: A resident of Moscow took out a loan in the amount of 120,000 rubles. The borrower was forced to insure life and disability, stating that this was a mandatory condition for obtaining a loan. The cost of insurance is 23,700 rubles. In addition, they imposed information support for 4,000 rubles. As a result, the borrower received 92,300 rubles instead of the expected 120,000.

• What is broken: Part 2 of Article 16 of the Law “On Protection of Consumer Rights”.
• What to do if the following conditions are imposed on you: remind the bank employee that “it is prohibited to condition the purchase of goods and services on the need to purchase other goods and services, and the seller is obliged to compensate for losses caused to the consumer in in full"and demand that you be given a loan without an insurance contract.
• What to do if a bank employee refuses: contact us and experienced lawyers will draw up a pre-trial claim; the bank will probably not want unnecessary troubles and will issue you a loan without insurance.
• What to do if you have already signed an agreement on the bank’s terms: all the more necessary to contact specialists. Most likely, you will have to go to court and demand in court the termination of the insurance contract. Legally this is not an easy matter. You can't do it without a professional representative.

Example 3: A resident of Moscow wanted to take out MTPL insurance. At the insurance company branch he was told that it was impossible to obtain insurance without life and health insurance. “This is a set of services”, “we have these rules”, “there are no forms” - these were the explanations.

• What is broken: the same thing - Article 16 of the Law “On Protection of Consumer Rights”.
• What to do: remind about the law “On the Protection of Consumer Rights” and threaten with complaints to the Prosecutor’s Office, the Central Bank, and Rospotrebnadzor. Take a voice recorder with you so that you have something to attach to the complaint.

Important to know: Part 4 of Article 445 Civil Code states that if Insurance Company avoids concluding an insurance contract, then you can go to court with a claim to force the company to conclude an insurance contract. You can also tell the insurance company employee about this.

• What to do if you signed a contract on the terms of an insurance company: contact Lawyer-Expert24 for writing pre-trial claims. Prepare for the fact that you will have to file a lawsuit in court.

Example 4: A resident of Moscow received an SMS message in which the operator mobile communications informed the subscriber that he was connected to a paid service. Its cost is 20 rubles per day. The subscriber refused, but at the same time requested details of the bill for last month. And then it turned out that the telecom operator had connected this service to him a month ago and was debiting him 20 rubles every day. In a month I collected 600 rubles.

• What is broken: Part 3 of Article 16 of the Law “On Protection of Consumer Rights”, which states that the seller cannot perform additional work or services for a fee without the consent of the consumer.

It is important to know: in disputes with telecom operators, one must rely not only on the Federal Law “On the Protection of Consumer Rights”, but also on the Federal Law “On Communications” and the Decree of the Government of the Russian Federation No. 1342 “On the procedure for the provision of services telephone communication».

• What to do: demand a full refund of the fee for a service activated without the subscriber’s consent. Focus on:
  • subparagraph “b” of paragraph 26 of the Government of the Russian Federation Resolution No. 1342 “On the procedure for the provision of telephone services”, which states that the subscriber has the right “to refuse to pay for communication services provided to him without his consent”;
  • Part 3 of Article 16 of the Law “On Protection of Consumer Rights”, which states that the seller cannot provide services for a fee without the consent of the consumer. The consumer has the right to refuse to pay for services provided to him for a fee without his consent, and if these services have been paid for, to demand a refund of the amount paid.

Or contact us, and specialists will do everything without your participation. You will only get your money back.

It is important to know: Article 55 of the Law “On Communications” establishes that claims against operators can be considered up to 60 days.

Why should you contact a lawyer?

• Because employees of companies that impose services are masters at inventing excuses. “This is a package of services”, “these services come single agreement", "We have these rules" and so on.
• Because attempts to return the money result in long correspondence, numerous trips to the office, loss of time and hassle. When you know that you are right, but they don’t give you the money, it really infuriates you.
• Because if we are talking about a substantial amount, then a dishonest company may decide not to give you the money “in an amicable way”, but to go to court. In this case, full compliance is required civil process. It is very disappointing to lose because of a trifle, being essentially right. And even reimburse the insolent lawyer’s expenses.
• On the other hand, when you emerge victorious from this legal battle, the losing party will reimburse you for the costs of paying our specialist (Article 96 of the Civil Procedure Code).

So there is every reason to turn to professionals for help. You will save time, nerves and even spend nothing.

If we are talking about a small amount, then there is a temptation to leave everything as it is and do nothing. But such a decision is indirect support for the impudence of the company that imposed its services on you. If you are reading this article, it means you are determined to take action. We, too!

We suggest you start with a consultation. At Lawyer-Expert24 it is completely free and does not oblige you to anything. Just ask questions, get answers - and you can leave without paying a ruble.

Hurry up. In the case of imposed services, there is no need to delay. The sooner you contact us, the sooner you will receive the money that was essentially defrauded from you. Call or write a message in the form below. Impudence cannot be left unpunished.

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The imposition of additional services is an infringement of the rights of citizens - according to Art. 16 federal law“On the Protection of Consumer Rights”, as well as the provisions of the Code on administrative offenses and the Civil Code of the Russian Federation. The only one effective method The only way to protect yourself from an unnecessary “package of proposals” is to refuse them. If you had to pay for something you don’t need at all, there is always the possibility of compensation or invalidation of the contract.

Is there an article of the Criminal Code

There is no article in the Criminal Code of the Russian Federation (CC) for imposing services. Although in some cases the actions of a party to a purchase and sale transaction (often in insurance or when taking out loans) may be qualified under Art. 167 of the Criminal Code – causing damage to property by deception or abuse of trust.

What to do when imposing services

How can a consumer protect himself from the imposition of services? Here are the rules that must be followed for this.

• Carefully study the contract before signing it.
• Find out from the seller the conditions for purchasing products or purchasing services, whether there is an opportunity to refuse additional purchases.
• If any disagreements arise during the signing of the contract, contact the head of the enterprise.
• If the problem cannot be solved on the spot, it is necessary to send an appeal to the authorities listing all the requirements in 2 copies. Keep one with you, and address the other to management by registered mail with acknowledgment of receipt.
• When an organization ignores your complaint, you should contact the authorities that can protect the consumer: Judicial authority, "Rospotrebnadzor", etc.
• In protecting your interests, you are obliged to provide evidence of violation of your rights by the seller of goods (services) or the manufacturer of the product.

Important! Witness testimony, material evidence, video recordings, audio recordings, etc. may be evidence of violations.

Where to file a complaint

• Rospotrebnadzor is the main body protecting consumer rights. Imposing insurance when applying for a loan is an example of obvious arbitrariness on the part of the bank.
• The prosecutor's office is a supervisory structure that oversees compliance with laws and human rights. When signing MTPL agreements, in some cases the rights of car owners are violated. The actions of the prosecutor's office help eliminate them.
• FAS (Federal antimonopoly service) keeps order in financial sector. One of the responsibilities of the service is to consider complaints from borrowers.
• If the issue is not resolved, the case is heard by the court.

Before contacting court try to objectively assess the situation. Trials take a lot of effort and time.

Important! Don't rely only on yourself! We recommend that you seek help from an experienced lawyer who can find best option solutions to your problem.

Filing a claim

The purchase of one service cannot be conditional on the imposition of another. Such conditions when concluding a transaction are a direct violation of the buyer’s rights.

A statement of claim regarding the imposition of additional services can be filed by the consumer himself or his representative (public organization, lawyer, etc.) at the place of registration of the plaintiff, defendant (if he has the status individual entrepreneur), as well as at the location of the organization.

Such a statement must contain:

• name of the court;
• contact details of the consumer or his representative;
• name of the institution that is the defendant;
• legal and actual address organizations;
• description of the consumer complaint;
• necessary evidence of imposition of the service by the seller;
• cost of claim;
• confirmation of attempts to resolve the problem pre-trial (photocopy of the sent registered letter);
• list of attached documentation.

Imposition of medical services

Imposition medical services may appear different ways. However, such actions always infringe on the interests and rights of the patient who sought help.

If a citizen is insured under the compulsory medical insurance system (mandatory health insurance), then he has the right to receive medical care free of charge. Services can be provided using medical products both domestic and foreign manufacturers. At the same time, free medical care, according to the compulsory medical insurance program, provides for Russian-made products.

There are often cases of imposition of paid medical services. The mere offer to the consumer from a medical organization to provide paid service will not be considered a violation of the patient’s rights by the medical institution. But at the same time, you need to remember that the client’s response to the proposal of a medical organization must be formalized properly in a written form.

Registration of a paid service can be expressed as:

• the patient’s documented refusal to provide medical services using domestic or foreign-made products;
• a properly drawn up contract for the provision of paid medical services.

Important! By concluding an agreement with medical organization, you must always remember that medical institution must at the same time provide the patient with information about the possibility of obtaining certain volumes and types medical care for free.

To protect yourself from the imposition of additional medical services, you need to know your rights and responsibilities. But no one can completely insure themselves against unnecessary services.

Responsibility for imposing the service

Responsibility for imposing additional services on consumers follows from the Civil Code of the Russian Federation. Criminal law can be used as punishment for this violation provided that the seller's actions lead to serious consequences(for example, an act for imposing a service turned into extortion).

The punishment may be as follows:

• payment of fines officials within 2 thousand rubles;
• payment of a fine legal entities within 20 thousand rubles;
• compensation moral damage to the consumer.

Important! These sanctions are applied to the offender only in court.

Dispute settlement is carried out by courts and authorities local government And public organizations. If you feel that you cannot cope alone, use the services professional lawyer, who has practice in this issue. His experience and knowledge will make your life much easier.

ATTENTION! Due to latest changes due to legislation, the information in the article may be out of date! Our lawyer will advise you free of charge - write in the form below.