More and more Vitebsk residents are defending their rights in the field of trade and services

Seeking Assistance

Each of us would like to deal exclusively with honest sellers, working equipment, and quality service. When spending money, especially a large sum, we hope that the purchase will bring us only joy. However, real life is far from ideal. Time and again, conflict situations arise in this area that cannot be resolved without external help. As Dmitry Timoshenko, Deputy Head of the Department of Trade and Services of the Vitebsk City Executive Committee, stated, over 820 citizens applied to them in 2014 for consultation and support in protecting their consumer rights. In the first two months of 2015, 165 appeals were received: 91 written and 74 oral. Dmitry Olegovich, who is the authorized representative for consumer rights protection, conducted nine personal consultations for citizens in January-February, resulting in the drafting of 8 lawsuits and 11 claims.

When a Phone Disappoints

Dmitry Timoshenko has to assist city residents in resolving conflict situations almost daily. And he is convinced that many such cases could have been avoided if people had not made certain mistakes initially and were aware of the specifics of the current legislation.

— Today, a significant portion of appeals concerns complex household appliances, especially phones and tablets, — explained Dmitry Olegovich. — During their operation, defects are often discovered: devices do not turn on, do not charge, cannot access certain websites, or have insufficiently sensitive sensors. Such problems are usually fixed by so-called re-flashing (changing the software). And according to the law, this is not considered repair work, so consumer claims in this case cannot be satisfied. And although the purchased item does not function properly, it is not subject to return or exchange. Conflicts often arise on this basis.

Dissatisfied consumers are understandable: they paid for the goods and want to use them. But in this case, nothing can be done to help. The only thing that can be recommended is that people in the future should not chase after cheapness and buy complex equipment from little-known firms. It is better to give preference to well-known brands, advises Dmitry Tymoshenko, and to choose those that have service centers in Vitebsk.

— If the service center is located in another city, then in case of a breakdown, the quality inspection period for the goods increases, and the consumer will not be able to use the equipment for a longer time, — he explains.

If the intervention of the consumer rights ombudsman does not help resolve the dispute between the seller and the buyer, then conducting an expert examination allows for a final determination of who is right. This is not a cheap pleasure, since complex household appliances themselves usually cost several million rubles, and besides, the faulty goods will have to be sent to Minsk for this.

— If the consumer turns out to be right, then the seller will have to pay for the expert examination, — comments Dmitry Olegovich. — But if the client's claims are not confirmed, then the costs will fall on his own shoulders. The buyer, defending his rights, should not forget about this either.

A Window with a Surprise

But it is not only modern technology that causes consumer complaints. Many complaints are related to the provision of services for reupholstering furniture, installing windows, and stretch ceilings. It must be admitted that in many cases, it is impossible to help citizens who are dissatisfied with the result of the work performed. And not because the law does not allow it. The reason is different: people either do not conclude a contract for the provision of relevant services at all, or the document only outlines in general terms what the customer should receive.

— Often, the contract only states the fact of window delivery, — Dmitry Olegovich gives an example. — But details regarding the appearance are missing: the specific size of individual parts is not specified, which of them and how they will open. It is not recorded in writing who should perform the installation. And then it becomes very difficult to make claims about the quality of work, to establish what the clients asked for and what they received in the end. Consumers should consider such a nuance: many entrepreneurs conclude a contract only for the purchase and sale of windows. This is exactly what is written in the document. Installation is carried out by third parties recommended to the client. When problems arise, it turns out that the window itself is of high quality, but there are defects in the installation. And the seller is not responsible for it in accordance with the contract. That is, the consumer ultimately loses.

Similar situations occur with furniture: one entrepreneur sells it, and another assembles and installs it.

It is also not uncommon for clients to pay in cash without demanding cash receipts. Consequently, the fact of money transfer is then almost impossible to prove in court, and therefore, one can only count on the honesty of the one who received the amount. Unfortunately, relying on the best human qualities is not always justified. Therefore, consumers should take care of themselves from the outset. Firstly, choose companies that have been operating in the market for more than a year, have their own offices, and will not disappear tomorrow with your money in an unknown direction. Secondly, it is important to carefully read the contract. It should specify much more than just "Delivery of a PVC structure". The document must specify the dimensions of the goods, their features, configuration, as well as the fact of installation. Thirdly, when paying, it is imperative to demand a receipt or other document confirming the fact of money transfer. And, of course, pay attention to the delivery times and warranty obligations of the supplier.

— Because if claims are made within the warranty period, the seller must prove that the goods are of high quality, — explains Dmitry Tymoshenko. — If a complaint arises after this period, then the buyer will have to prove that the product is of poor quality, find an expert organization and confirm their rights.

Increasing Legal Literacy

The Commissioner for Consumer Protection notes that the number of written appeals on these issues is not increasing. Dmitry Olegovich holds an average of four personal meetings with citizens per month, which plays a role.

— I consult people, help them draft pre-trial claims and lawsuits. That is, we not only deal with the problem, advise the consumer on how to achieve satisfaction of their claims, if there are legal grounds for this, but also increase the legal literacy of the population.

Liliya Ivchenko, "Vitebskiye Vesti"