Morphological analysis of the word “unproven”

Various situations may arise in life, including when you have to refuse a paid service for some personal reasons or when the service is not provided by an unscrupulous contractor, so in this situation the question arises whether such a contractor should be paid and how to return the deposit or the fully paid amount . It is not always possible to resolve the conflict peacefully and most often the customer has to go to court.

The process of returning money for a service not provided is regulated by several articles of Law No. 2300-1: , , and they should be carefully studied before you start demanding money back.

What is this according to regulations, articles of the Civil Code of the Russian Federation and the Law on the Protection of Consumer Rights?

The concept of “unprovided service” is not clearly defined in the law on the protection of consumer rights, but it can be derived by following the content of the law and other related regulations (in particular the Civil Code of the Russian Federation). If the service is not provided or was not accepted for some reason, then both the customer and the contractor have certain rights and obligations, but their content depends on the reasons why the service was considered not provided.

Any relationship between performers (no matter whether it is an individual or an organization) and consumers is regulated by Chapter 3 of Federal Law No. 2300-1 “On the Protection of Consumer Rights.”

An unprovided service can be expressed:

• Failure to fulfill obligations under the contract by the contractor.
• The service was not provided on time.
• The service provided is of poor quality. What does it mean to provide services of inadequate quality and what are the rights of the customer and the responsibilities of the contractor, read here.
• The consumer did not accept the service.
• The contractor refused to provide the service (either completely or partially).
• The customer, due to unforeseen circumstances, will not be able to use the service (force majeure).

Where to go to get a refund for work not completed?

A claim for a refund for a service not provided must be addressed specifically to the head of the organization with which the contract was concluded. The paper is given personally to the performer against signature or sent by registered mail with a notification that the addressee has received it.

Attention

If the contractor refuses to return money for a service not provided, the consumer must go to the Federal Service, which supervises the observance of consumer rights. Also, a citizen has the right to apply to the court with a claim for the return of the advance payment for uncompleted work. The application is submitted to the authority at the place of registration of the plaintiff or the address of the defendant. These norms are prescribed in Article 17 of the Law “On Protection of Consumer Rights”.

All plaintiffs who go to court regarding violation of consumer rights are exempt from paying state fees ( clause 3 of Article 17 of the Law “On Protection of Rights” ).

Possibility of collecting money according to the law if the work was not completed

Federal Law No. 2300-1 contains information on the amounts and procedures for returning funds for a service that the customer did not accept or did not receive; the fundamental link here is the one through whose fault the terms of the contract were violated.

Payment for the service, according to the terms of the contract, can be made either in full or in parts, in the form of:

• deposit;
• prepayments;
• or advance.

Few people understand the difference between these concepts, but it exists and is very important when the issue concerns a refund.

A deposit is a form of payment regulated by Articles 380 and 381 of the Civil Code of the Russian Federation. The deposit performs two important functions when concluding a contract:

• Proof of his conclusion.
• Ensuring the fulfillment of obligations by each party to the contract.

Therefore, in accordance with the law, the return of the deposit has a special complex procedure, and if for some reason the customer himself refused to accept the services, then he will not receive his deposit back, and if the service is not received through the fault of the contractor, the deposit is returned in double size. It is better to reflect the payment of the deposit in the contract or additional agreement.

An advance is a simpler form of paying money for a service; it is considered an advance payment that is necessary for the preliminary expenses of the performer; its payment must be indicated in writing, at least by drawing up a receipt. The advance is not regulated by the Civil Code of the Russian Federation, and therefore, if the service is not provided, the consumer has every right and basis to demand a refund of the advance.

Through the fault of the performer

• The contractor refuses to perform the service without good reason. Therefore, in this case, in addition to the money paid, the consumer has the right to demand payment of a penalty.
• If the organization providing the service does not fulfill its obligations due to insurmountable circumstances (specified in the contract), then the money is not returned to the customer (clause 4, article 13 of the Law on the Protection of Consumer Rights).

Due to the fault of the customer

• If the consumer changes his mind about using the company’s services before they begin, then in this case all the money that was paid should be returned to him.
• The consumer decided to terminate the contract after the organization began to fulfill its obligations - the money is returned to him, but the expenses incurred by the contractor for the work will be deducted from the amount paid.

The procedure and methods for sending a letter of claim for a service not provided

The refund scheme for services not provided includes the following:

• writing a claim;
• delivery of the complaint to the performing party;
• waiting for a response and refund of the advance for a service not provided;
• if refused, contact higher authorities (Rospotrebnadzor, Prosecutor's Office);
• in case of repeated rejection of the requirements, the claim is sent to court.

A claim for a refund of money for a service not provided is prepared by the citizen in duplicate. One document is handed over to the defendant personally against signature. If the addressee refuses to accept the letter, the paper is sent by mail or courier.

Responsibility for Collection

The contractor’s responsibility for collecting fees for services not provided under the contract is specified in Article 393 of the Civil Code of the Russian Federation, which states that a contractor who acts in bad faith and violates the terms of the contract may suffer serious losses in the form of financial losses. Indeed , in addition to returning the full amount received, the service provider may be required to pay:

• penalties;
• interest;
• other payments.

Unfair actions mean not only compensation for damages for payment for services not provided, but also liability for the benefits that the customer missed, and if, after concluding the contract, the contractor’s requirement was to force the consumer to enter into a new contract with another contractor, then the court may force order to oblige the unscrupulous contractor to compensate the customer for the difference in material costs.

If, during the provision of a service, any circumstances arise that impede the fulfillment of the terms of the contract and do not depend on both parties, then the obligation to pay and return money for the services becomes irrelevant, but the customer is obliged to compensate the contractor for the expenses that he incurred before the these circumstances (according to Article 781 of the Civil Code of the Russian Federation).

This compensation does not constitute liability, but merely returns the parties to their “original condition.”

Is it possible to get a refund for a service not provided?

If the consumer has made an advance payment for a certain service, but due to some circumstances is forced to withdraw from the agreement, he has the right to terminate the agreement with the contractor and demand a refund.
Such actions do not contradict the law. But this is in theory - in practice there are many nuances. Therefore, it is worth explaining in more detail how to return money for a service not provided. Attention! If you have any questions, you can chat for free with a lawyer at the bottom of the screen or call Moscow; Saint Petersburg; Free call for all of Russia.

What to do if the work was paid for, but was not provided, and how to return the amount?

If there is a need to return money for a service not provided, you should know that all rights are protected by law and you must follow the procedures and rules prescribed in the Law on the Protection of Consumer Rights.

Claim procedure (pre-trial)

The statement of claim must be drawn up in two copies and have a reference to the agreement signed by the consumer and the contractor.

The claim must indicate:

• reason for contact;
• all information about the persons between whom the agreement was concluded;
• Contact details;
• demands for the return of funds paid.

We do not recommend completing the documents yourself. Save time - contact our lawyers by phone:

8 (800) 350-14-90

The application must be delivered personally to the head of the organization or another authorized person against signature, or sent by mail with a request for notification of receipt.

More information about the grounds for collecting money and how to return money for poor-quality work can be found here.

Contacting the Consumer Protection Department

Upon receipt of a refusal to return money for a service not received, the customer has the right to contact the territorial office of the Federal Service for Supervision of Consumer Rights Protection (Rospotrebnadzor), with a statement in which everything will also be spelled out in detail, as previously in the complaint and indicated, that the performer did not return the money.

The application can be submitted in person at the office, or online using a special form available on the website.

The organization will conduct an inspection and, most likely, the money will be returned to the owner, since failure to comply with instructions from a government agency usually leads to consequences that will not be very pleasant for the performer, and this service may also impose a fine.

But there are also cases when Rospotrebnadzor was unable to exert such pressure that would influence the contractor, and after contacting this organization, the customer has to go to court.

Required documents

To get a refund, you need to have special documents that will help increase the chances of a positive outcome of the procedure.

Documents you need to have with you:

• Claim.
• Agreement confirming the transaction.
• A document confirming payment for the service (check, bank statement, etc.).
• Other documents that can confirm that the service was not provided.

How to write a complaint?

When filing a claim, it is important to follow several key rules that are important and form the basis:

• All personal data of the parties between whom the contract was concluded.
• The reason that contributed to the filing of the claim.
• Links to articles of legal acts.
• Requirements and further possible actions if the situation is not resolved.
• The claim document must be drawn up in two copies, which are signed by both parties.

Deadline for returning funds after acceptance of the application

The period for considering and responding to a claim should not exceed 10 days (in accordance with Article 31 of Federal Law No. 2300-1). If the claim was sent by mail, then the period begins to be calculated from the moment it is received by the addressee, and not from the date of sending.

After the ten-day period, the customer has the right to demand additional compensation as a percentage.

The amount of the refund directly depends on the reason for non-fulfillment of the terms of the contract:

• If the contractor is at fault , the entire amount paid is returned to the customer.
• Through the fault of the consumer - only part of the paid funds, the contractor has the right to retain the rest for the losses caused or even refuse to return the funds to the customer.

How to recover through court proceedings if they do not return?

Filing a claim in court is the last step in the proceedings for the return of money and, of course, the most effective way.

Typically, many people try to avoid this method, since such an appeal can most likely drag on indefinitely and result in a long trial.

Going to court consists of several actions, the order of which must be followed in order to get your money back:

• Find a competent and competent specialist (lawyer or advocate) who will help you defend your rights at the meeting.
• Collect the entire package of documents.
• Prepare a statement of claim and submit it to the court.

By going to court, the consumer has the opportunity not only to return money for an unprovided service that is not subject to payment, but also to reimburse all penalties incurred for the delay in returning the money, compensation for moral damages and absolutely all expenses that were required when going to court (for example, attorney's fees).

Required documents

• A claim that was drawn up in the name of the contractor, confirming that the plaintiff tried to solve the problem without going to court.
• Application submitted to Rospotrebnadzor.
• An agreement concluded between the parties for the provision of services, containing the conditions, obligations and method of payment.
• Documents confirming payment (checks, receipts, bank statements, etc.).
• Other documents that prove that the service was not provided or the quality of its performance does not meet the requirements.

Statement of claim

It is important to draw up a statement of claim to a judicial authority without errors or other errors, otherwise they may refuse to accept and consider the case.

The document must contain the following points:

• Name and address of the authority to which the application will be sent.
• Data about the parties between whom the unfulfilled contract was concluded.
• The essence of the problem.
• Requirements for the contractor (compensation for damage, refund, etc.).
• Evidence that the consumer is right (certificates, photos, receipts and other documents).
• A footnote containing a list of documents attached to the claim.
• Date and signature.

We do not recommend completing the documents yourself. Save time - contact our lawyers by phone:

8 (800) 350-14-90

Duration of the procedure

According to Article 154 of the Federal Law No. 138 of the Code of Civil Procedure of the Russian Federation, when filing an application with the court, 2 months are provided for its consideration and resolution , and when applying to the magistrate’s court, the case is considered within one month from the date of acceptance of the application.

Payment of state fees and other financial expenses

When filing a claim in court, the applicant is exempt from paying the state fee if the price of the claim does not exceed 1,000,000 rubles; if the case exceeds this price, then according to Art. 333.36 of the Tax Code of the Russian Federation, the applicant will have to pay a state duty, which will be calculated by subtracting from the amount that exceeds one million rubles calculated according to the rules (according to subparagraph 1 of paragraph 1 of Article 333.19 of the Tax Code of the Russian Federation) the amount of state duty at the cost of the claim equal to one million rubles.

In addition to the state fee, the customer will need to pay for the services of a lawyer.

Unfortunately, some companies and individual performers provide their ]poor quality[/anchor]. What to do in this situation, what responsibility is provided for the provision of services that do not meet security requirements, as well as how to refuse unnecessary services - read on our website.

Grounds for a refund for a service not provided

A service is considered not provided if it:

• was not fulfilled to the required extent according to the terms of the contract, while the contractor violated the prescribed deadlines (Article 27 of Law 2300-1);
• partially performed, completely absent, or performed poorly, but the performer did not violate the agreed time for providing the service (Article 29 of Law 2300-1).

These specific situations will be discussed in detail below.

The contractor did not meet the deadline

An enterprise that provides various types of services to the population must comply with certain deadlines for the execution of agreements (Article 27 Part 1 of the Law No. 2300-1). In case of delay, the client has the right to the following:

• reschedule the completion date at your discretion;
• choose another performer, and refuse the present one and demand compensation for losses incurred as a result of the current situation due to the fault of the performing party;
• demand a reduction in the amount of payment for the service;
• terminate the contract completely.

Please note
: If the client refuses the transaction, you can count on a refund of the funds paid as an advance. Also, the consumer has the right to demand a penalty for each overdue day (Article 28 of Law No. 2300-1). If, when going to court, the customer’s demands are satisfied, then the contractor is additionally fined in the amount of 50% of the awarded amount (clause 6 of Article 13 of Law 2300-1)

The customer's claims cannot be satisfied and the money will not be returned if the performing party proves that the service was not provided on time due to circumstances beyond our control, or due to the fault of the client.

The service was not provided and the deadlines were violated

If the contractor does not meet the deadlines specified in the contract, this is a good reason for terminating the agreement at the initiative of the consumer and issuing a demand to return the prepayment (Clause 1 of Article 28 of the Law “On Protection of Consumer Rights”). At the same time, it does not play a significant role whether the provision of the service has begun or not. If there is no mutually signed acceptance/transfer certificate, the deposited money must be returned in full. This basis is used in court proceedings, since it makes it easier to prove the failure to fulfill contractual obligations on the part of the provider of an unprovided service, and guarantees that the client receives the entire amount of the advance payment.

The above may include a situation where the deadlines for completing the service have not yet been violated, but such a possibility exists.

The customer changed his mind

Often the consumer himself refuses to receive the service, although he has already paid for it. The reasons may be different:

• initially there was no particular desire to enter into a contract;
• there is a high risk that the contractor will not meet the agreed deadlines;
• the conditions for the provision of services were changed, but without amending the contract;
• another provider has been found who is able to provide a better service or for a lower fee;
• a decision was made to spend the funds on something else;
• The customer changed his mind for no reason.

In this case, we are not talking about violation of deadlines. According to Article 32 of Law No. 2300-1, the client can terminate the transaction agreement at any time. If the service is nevertheless provided, but not in full, then the contractor will need to reimburse the expenses incurred. When the work has not yet begun, the entire advance amount is returned to the customer.

Problems and nuances

Often citizens put their signature on the contract when ordering a particular service without reading the document. Only this is an important point in the process of determining the contractor to perform a certain job. If a person does not have legal literacy, then it is better to invite a specialist with you to sign the contract or consult with a lawyer on our website. Then you can protect yourself from the tricks of the contractor, who usually includes conditions unfavorable for the customer in the contract.

If the consumer decides to do everything himself, then it is recommended to carefully study the service agreement. It is better to do this in a calm environment (for example, at home). It is worth paying attention to the following points:

• how will a refund be made if the service is not provided;
• Are there penalties for violating order deadlines?
• method of payment for the service specified in the contract (50% immediately, the rest upon completion of the work or transfer of the entire amount as an advance payment).

The type of service should also be taken into account, since not all categories fall under the regulations of the Law on the Protection of Consumer Rights. Thus, in the tourism sector there is a law regulating the procedure for resolving disputes regarding monetary aspects and options for returning money in case of violation of the terms of the contract (Article 10 of the Federal Law of November 24, 1996 No. 132-FZ). The consumer will only be able to receive the amount that he paid for the service as an advance payment. It is stated in the contract.

Often performers resort to some tricks. Therefore, you should not sacredly trust the company, hoping for its responsibility and integrity. You should especially study the section “Payment Procedure”. If the prepayment is formulated as a fee for drawing up an agreement or additional functions (consulting, visiting a specialist, etc.) or a deposit, then this is a guaranteed deception. Also, the text should not contain a condition that money will not be returned if all work is completed, but the customer did not like the quality. Then in the future it will be problematic to return the given funds.

Attention

It should be understood that if the customer initiates termination of the agreement, the deposit for unprovided services will not be returned. When the contractor himself has indicated a desire to terminate the contractual relationship, the money must be returned to the client. This term is regulated by Articles 380 and 381 of the Civil Code of the Russian Federation.

To get a refund for a service not provided, it is important for the consumer to follow the complaint procedure: collect all documents, correctly draw up a complaint and send it to the contractor. It is also advisable to conduct preliminary negotiations with the performing party in order to resolve the dispute out of court. If the attempt does not give a positive result, then a statement of claim is drawn up in court and a solid evidence base is prepared.