"Merckx" paid to nikolayevets more than 17 thousand UAH for violation of its consumer rights

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"At present in vessels of Nikolaev about 80 cases, concerning rights of consumers which for various reasons can't be resolved more than a year" are under consideration, - the lawyer of regional management concerning protection of the rights of consumers Natalya Kovalenko reported.

Among such reasons refusal of the respondent to be in court, submission by it of response claims, oprotestovaniye, sudden "disappearance" of proofs of fault of the businessman, documents in court and other appears.

For example, from October, 2007 to recent time in one of the Nikolaev vessels case on which the inhabitant of Nikolaev, having made an absolute advance payment of state of emergency "A terracotta valley" for a decorative ceramic tile of 2106 UAH was considered, so this tile and didn't receive. After 3 months of attempts to take away the purchase from the businessman who evaded from meetings for the unknown reasons, the buyer addressed in management of protection of the rights of consumers. While there prepared necessary documentation, brought the matters into court, the businessman liquidated the state of emergency. The court passed the decision in favor of the buyer: I obliged the businessman to pay him 2106 UAH of cost of goods plus 500 UAH for moral damage. Only to take now this money there is nobody." In this case the claimant has to address in executive service which will oblige the former owner of the enterprise as the natural person to pay the sum determined by court. But what is the time and expenses it still will borrow from the buyer it isn't known", - Natalya Kovalenko reports.

There are cases when business reaches the Supreme Court of Ukraine. So, the nikolayevets who has bought kitchen furniture in major known company "Merckx" for 14181 UAH couldn't achieve from representatives of firm of timely installation of furniture, besides in a set there were no necessary accessories and details. Having passed 2 judicial institutes in Nikolaev, the consumer achieved the decision in its advantage. The court decided to pay the cost of purchase and 3 thousand UAH of moral damage to the consumer. But the respondent several times protested solutions of the Nikolaev vessels, having reached thus the Supreme Court of Ukraine. Though it didn't help it and the consumer received the money.

In total for the last half a year the sum of compensations made 21745 UAH, of them 15045 UAH - material harm and 6700 UAH - moral harm. 10 lawsuits from 25 were solved in favor of consumers for the last 6 months.

"It is always better to look for all possible solutions of controversial questions, without bringing the matter to court, to find compromises. Because court sessions often take away a lot of time, it is rather difficult process demanding big moral and material inputs", - Natalya Kovalenko notes.


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