If they impose services, where to go. Imposing services on consumers

Imposing additional services and goods is an unlawful action on the part of the consultant. Some buyers do not know that the seller’s obsessive request to buy an additional product in addition to the main product carries legal liability. What to do in such situations and what the consequences of violating consumer rights are for a store employee, read more in the material.

What are the consequences of imposing additional services on consumers?

The main legislative act that can protect buyers from the imposition of additional services is Article 16 of the Labor Code of the Russian Federation. Additionally, it is worth reading about the protection of consumer rights for 2017. It states that the consultant does not have the legal competence to encroach on the personal space of the consumer and impose his opinion on the purchase of an item. The Consumer Protection Act accurately characterizes this by saying:

Each buyer has a mandatory free choice. The information that is given to the client by the seller should not turn into coercion to buy the product. Every citizen has the right to be responsible for the choices he makes independently;
Any manifestation of the imposition of additional services is punishable by filing a claim with a judicial institution. The Legal Opportunity Law states that in case of coercion by the seller, the client can fill out a sample application and submit it to the court;
If the consultant refuses to sell the item without additional goods, the judicial institution assigns a fine to the store specialist;
If the consumer wishes, you can write a statement to the court and receive compensation for damages for goods that were purchased due to imposition. A binding consumer contract, which is concluded with the contractor and the buyer, is terminated in the event of coercion.

There is a clear line that distinguishes a good consultant from a violator: the imposition of additional services, according to the Law on the Protection of Citizens' Rights, is prohibited. In case of disagreement and violation of the rule, the seller faces administrative liability for what he has done.

Penalty for imposing additional services on the consumer

To sell a product, some sellers use a cunning tactic: directly or indirectly, force the consumer to buy an additional item. This is especially true in cases where:

The buyer has a gentle character and is not able to refuse when imposing a service;
The consumer does not know how the product is packaged. The performers force the client to buy an unpopular, low-quality and stale item that is not related to the purchased item.

If a citizen feels pressure from a consultant that is not in his favor, he can go to court, a public organization, or a local government agency. Thanks to defenders of citizens' rights, the contractor faces, in addition to administrative liability, a fine for putting pressure on the consumer, based on the provisions of Article 16 of the Labor Code of the Russian Federation. In case of imposing additional services:

Officials face a fine of 20-50 thousand rubles;
Administrative liability for pressure will include a fine of 100 to 300 thousand. rubles for legal entities;
If specialists of a compulsory insurance organization, brokers, lawyers, insurance agents refuse to enter into an agreement without additional functions, they face a fine of 20 to 300 thousand rubles.

Based on the articles of the Code of Administrative Violations of the Russian Federation and the Law on the Protection of Citizens' Rights, legal liability threatens every specialist who tries to forcibly formalize a contractual relationship with a client and impose an additional subject on him.

Consumer Protection Law 2018 - imposition of additional services

Article 16 of the Law on the Protection of Consumer Rights states that the buyer has the right to file a claim in court in case of imposition of goods by the contractor. If a store representative completes the purchase of excess goods without the client’s consent, the client has the right to refuse the item and terminate the contract.

In turn, the contractor does not have the privilege to manage the client’s funds and, without his knowledge, add additional features and goods to the purchased item. In order not to break the law and not be held administratively liable, the seller should not force goods on the client.

What to do if a service is imposed?

In order not to overpay for imposed items and functions, you can complain to a representative of the trade organization in person. If there is no response, the client writes a complaint against the consultant. To consolidate your claim, you can contact Rospotrednadzor. The buyer writes a statement with a detailed description of the situation where the seller insisted on purchasing the goods. Mandatory point: if there is evidence that indicates a violation of human rights, copies of them are provided. For even greater effect, the client can file a claim in court and make a request to the local prosecutor's office to carry out an investigation into the imposition of unnecessary items and functions.

The work done provides the client with guarantees that the seller faces at least a fine and, at a maximum, he will be held administratively liable in accordance with the Law on the Protection of Buyers' Rights and the Civil Code of the Russian Federation. In the event of a counterclaim, it is better for the client to use the services of a competent lawyer who specializes in issues related to violations of the rights of citizens.

To correctly submit a document, you can view a sample on the Internet. With the correct wording of the statement, there is a chance not to pay for an item that was purchased under duress.

Imposing additional services for MTPL insurance - article

MTPL insurance is a mandatory condition for protecting citizens who use a vehicle. If a compulsory MTPL insurance agreement is drawn up, company representatives may offer other types of insurance that the motorist is not required to take out. If the client refuses them, the specialist may refuse to draw up an MTPL agreement, citing the illegality of the document without additional services.

An article of the Law on the Protection of Public Rights brings representatives of firms that provide clients with distorted information to administrative liability and payment of a fine. When concluding compulsory MTPL insurance, a citizen has the right to refuse life and health insurance, and draw up an agreement only on the basis of those functions that he needs.

Statement of claim when imposing services - sample

To correctly prepare a claim document, you can download a sample. He will help you fill out the application without errors or inaccuracies.

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.

This article, using detailed examples, addresses 4 questions:

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 mobile operator services that you did not subscribe to?

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 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 perform additional work or services for a fee without the buyer’s consent.

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, the 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: seek qualified legal assistance and prepare for court. 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 draw up 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. Judicial practice generally recognizes 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 must compensate in full for losses caused to the consumer” 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.

It is important to know: Part 4 of Article 445 of the Civil Code states that if an insurance company refuses to enter into an insurance contract, then you can file a lawsuit 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 to write a pre-trial claim. 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 mobile operator 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 the 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 telephone services.”

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 under a 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 with civil procedure is required. 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.

Very often, the buyer is faced with such a marketing ploy from the seller as the imposition of additional goods (services) to the main purchase. People are so used to this that they consider it a completely normal phenomenon, but meanwhile, imposing a service is a gross violation of consumer protection laws.

The Federal Law “On the Protection of Consumer Rights” prohibits making the purchase of some goods (or services) conditional on the mandatory purchase of other goods (services).

If this right of the buyer has been violated, then the seller shall compensate in full for all losses incurred by the buyer as a result.

How to distinguish the imposition from various promotions and bonus offers? When the buyer is offered a choice - to buy several products at a discount, or to buy only one of these products, but at the market price, then this is a promotion. But if the buyer is told that an item is not sold separately and can only be bought in a set with other goods (provided that this product is available in a piece version) - this is already an imposition of one’s services. After all, the law says that the basic rights of the consumer are:

freedom of choice;
lack of external pressure;
prohibition on imposing goods/services;
the right to claim reimbursement of expenses.

Usually, to resolve a dispute, it is enough to verbally warn and read out the articles from the Consumer Rights Protection Law. If the seller continues to claim that the product can only be purchased together with another product, then the buyer has every right to complain about it. In this case, the seller will be obliged to return all the money spent by the buyer in 100% of the volume for the imposed goods.

Imposing your services on banks

Very often you can find such a function in a bank when trying to take out a loan. The client is offered to issue a life, property or health insurance agreement in addition to the main loan agreement. But this agreement has nothing to do with the loan agreement that is being signed. If a bank refuses to issue a loan without signing an insurance agreement, this is an imposition of its services and a violation of the rights of the buyer (borrower). When concluding such a transaction, you can challenge its validity and return the money spent. The only such transaction that will be considered legal is insurance of the pledged property. There is no violation here, since this is a mandatory condition by law.

If a credit institution offers to sign an agreement in which:

no right to choose an insurance organization;
there is no clause on the right to refuse insurance;
the loan discount is provided only when purchasing insurance;
If there is no way to change the terms of the agreement, then know that this bank is trying to infringe on your rights and impose unnecessary services.

Although some credit experts have a different opinion on this matter. They believe that it makes sense to make it mandatory to sign an insurance contract when receiving a loan. Since the only source of income is salary, and the ability to work is directly affected by health, insurance acts as security for loan repayment. This is exactly the decision made by the city court of St. Petersburg during one of the proceedings.

Where else can you find someone imposing your services?

A similar imposition can be seen when receiving an MTPL policy. Car owners are forced to sign up for additional clauses in their insurance, as a result of which the policy becomes much more expensive. Car owners are also offered to take out health and life insurance for the driver and passengers, property insurance, and CASCO in addition to compulsory motor liability insurance. It is not necessary to purchase these additional insurances. Therefore, you can refuse additional insurance or challenge the already issued insurance. If you are denied insurance without these additional conditions, then they are trying to infringe on your rights. An insurance department employee can deny you insurance only in the following cases:

their insurance quota has run out;
not the entire set of documents has been provided;
It is not possible to provide the transport you want to insure.

Owners of mobile phones can also access this service. It often happens that a mobile operator connects a paid service to a subscriber without prior warning.

If you encounter this, then feel free to ask for a refund, relying on the Decree “On the procedure for the provision of cellular communication services”, which clearly states that a person has the right to disable those services that were connected to him without his consent, and on the Federal Law “On the Protection of Rights consumers,” which states that it is impossible to provide paid services without notifying the buyer. If you notice that you are paying more for mobile communications than before, contact your operator immediately and request call details. Calculate how much was charged for the services connected without your consent and demand a refund, and disconnect the connected services and subscriptions immediately.

To avoid falling for the seller’s trick, carefully check the text of the contract, especially what is written in small letters. If some points are unclear or sound ambiguous, check with the seller whether you correctly understood the meaning of these points. If, however, consumer rights have been violated, then you need to know how they can be protected.

How to protect your rights

To protect your legitimate interests, you must write a statement with a detailed description of the claim and attach to it all possible documents that indicate a violation. Evidence may include audio and video recordings, a contract, witness statements and other documents. The best evidence will be an audio or video recording of a conversation between the buyer and the seller, in which you can hear that the service is really being imposed.

Where should the application be submitted?

Federal Antimonopoly Service (FAS)

This organization oversees the financial system.

Court

If appealing to other government agencies does not solve the problem, then the application is further considered in court. Since litigation is not an easy matter, do not hesitate to seek the help of an experienced lawyer who will help you competently resolve the issue related to consumer protection.

Litigation requires strong evidence of the seller’s guilt, so you need to take care of this before going to court.

You can file a complaint within a year after the offense occurred.

Statement of claim

The claim can be filed either by the applicant himself or by his authorized representative. The power of attorney must be executed through a notary. If the amount of the claim is less than one million rubles, then such applications are not subject to state duty.

Claims with a claim amount of up to 50 thousand rubles are considered by magistrate courts, all other claims go to district courts. You can file a claim both at the place of residence of the plaintiff and at the place of residence of the defendant.

What information must be provided in the claim:

addressee (to which body are you sending the claim);
passport details of the plaintiff (principal);
defendant's details;
evidence of violation of consumer rights;
what is the violation of rights;
amount of claim;
previous pre-trial proceedings;
list of attached documents.

If the case is won, the seller will have to reimburse the buyer for all financial expenses. In addition, Article 13 of the Federal Law “On the Protection of Consumer Rights” states that the seller is obliged to pay a fine of up to 50 percent of the amount specified and satisfied in the claim.

The Code of Administrative Violations (clause 2 of Article 14.8) also provides for liability for violation of the buyer’s legal rights. The seller must pay a fine, the amount of which ranges from 1,000 to 2,000 rubles for officials, and from 10,000 to 20,000 rubles for legal entities.

It is possible and even necessary to defend your rights when imposing services. The law in this case is on the buyer’s side. The main thing is to know your rights and not be deceived.

Imposition of services by MTS communication salon

What services can be considered imposed?

Modern world and national economies operate in conditions of economic freedom of choice, which consists in the ability to freely choose quality goods and services, ways to satisfy one’s needs and requirements, depending on one’s income and prices.

Imposition of services limits the rights of the consumer and can manifest itself in the following:

providing advantages to one buyer over another in the event that the former purchases additional goods or services, in this case the norms of the Civil Code that exclude such behavior by the seller are also violated;
deprivation of the buyer of certain benefits in case of refusal to purchase additional goods;
refusal to sell the desired product without an accompanying product that the buyer does not need;
requirement for further maintenance or purchase of components only from certain groups of persons;
imposing a comprehensive set of services that, by their nature, are independent of each other and can be provided separately (for example, acceptance of documents by the insurer with the accompanying provision of paid technical services for filling out and printing);
wholesale sale of goods that is not subject to appropriate taxes and is not registered in accordance with the law.

If the consumer is faced with one of the listed forms of providing unnecessary services, he should contact the competent authority.

The law regulating the protection of consumer interests prohibits transactions that infringe on a person’s right to choose. The transaction regarding the imposition of services will be considered invalid, and the seller will be obliged to return the money for the additional benefit.

The following do not fall under the definition of imposed benefits:

an offer to purchase a product or service, if there is an opportunity to refuse it;
sale of a set of goods or services integrated into each other (for example, the sale of a suit or a set of furniture, when the separation of one product would violate the integrity of the set provided by the manufacturer);
a group of goods combined in one container - such goods form a set, and all the necessary manufacturer information is indicated on the packaging (except for cases where the wrapping material is intended only for transportation);
Carrying out promotions and discounts for customers - an offer to receive a discount on a second product or to purchase it as a gift are not violations of the law; the choice to purchase such products together at a cheaper price, or separately, at full cost, is up to the buyer.

A complete group of goods, goods combined in one package, promotions and gifts from the seller do not constitute an imposition of services.

The most common examples of imposed services today:

imposition of insurance services on a specific company by a bank when concluding a loan agreement - in such cases it is necessary to contact the body authorized to consider cases in the field of antimonopoly legislation, while violators face high penalties with the possible opening of criminal proceedings;
imposition of additional medical services and medications;
imposition of cellular communication services;
inclusion of additional clauses in contracts related to the management of housing and communal services (for example, when, when installing a meter, its owner will be obliged to contact only one specific service company);
provision of notary or other services with paid technical support;
imposing services for processing large purchases (due to large amounts, additional small expenses are often not taken into account by buyers, meanwhile, this is a huge source of income for unscrupulous entrepreneurs).

To avoid becoming a victim of solicitation of services, you must:

carefully study the terms of the contracts drawn up;
pay attention to unknown points and clarify their requirements;
When offering additional goods, ask whether there is an opportunity to refuse them.

If any disagreements arise, you should contact your manager or government agency directly to resolve the situation.

Where should I contact when requesting services?

If you discover that the seller has been imposing a service, you should try to convey the relevant information to the administration. This can be done either in the form of an oral or written statement, or by writing to the Book of Complaints and Suggestions.

If the manager does not pay attention to the violation, it is necessary to contact the following authorities.

Rospotrebnadzor is a service that ensures compliance with legislation in the field of consumer protection. You can submit a complaint to the territorial authority in person, by mail, or through the website. Thus, Rospotrebnadzor will be able to conduct an inspection of non-compliance with the law and punish violators.
The Federal Antimonopoly Committee also considers complaints from applicants about financial irregularities.
Prosecutor's office. It would be useful to contact this body, since Rospotrebnadzor can initiate an unscheduled inspection into violation of consumer rights only with the consent of the prosecutor’s office.
Court – if losses are incurred due to non-compliance with legislation in the field of consumer protection, there is always the opportunity to complain to a judicial authority to restore justice.

The imposition of additional benefits falls under administrative responsibility borne by the seller, legal entity or other performer. For a proven violation, these entities may be held liable in the form of a fine.

Form of complaint to a government agency about violation of rights in the sphere of consumption

The written complaint must contain the following:

name and full details of the organ;
personal data of the applicant (in the case of anonymous applications, Rospotrebnadzor will refuse to conduct an inspection, and other authorities will not be able to respond to the violation properly and compensate for the losses incurred);
full name of the violating organization and its details;
description of the fact of violation of the law;
information about the availability of witness, documentary or other evidence;
It would be useful to provide references to the violated norms of law;
when filing a statement of claim, it is necessary to indicate the price of the claim, indicating the amount of losses incurred;
you can specify the requirements regarding the violating organization;
date and signature.

In addition, it is useful to attach copies of contracts, checks, and other documents to the application. When filing a claim - copies of documents that indicate attempts to pre-trial resolve the issue.

Correctly stated requirements and a detailed description of the essence of the violation in a complaint to the competent authority will help restore the violated rights in full.

Most companies strive to obtain maximum income from their activities.

Therefore, additional services that are not related to the main order are often imposed. However, such actions are considered a violation of consumer rights. What does a violator face for imposing services? What actions can you take to protect your interests? We'll tell you further.

What is meant by imposition of services?

The Contractor has no right to impose additional types of services. Therefore, you have the right not only to refuse to receive them, but also to bring the violator to justice.

Let's consider what is included in the concept of imposing services:

refusal to provide the main service without connecting and paying for another service;
inclusion of additional paid services in the contract without your consent;
, unless you purchase an additional service.

All the cases considered relate to the imposition of services, even if you were forced to agree to receive them.

Imposition of services is forcing to pay for an additional service in order to provide the main one.

What services can be considered imposed?

The following cases often occur:

issuing an MTPL policy - insurers refuse to issue a policy without purchasing another insurance product;
applying for a consumer loan - banks impose various types of insurance (life, property);
receiving medical care under compulsory medical insurance policies - medical workers offer additional paid services;
vehicle repair - car service employees insist on including in the contract services that are not related to basic repairs;
purchasing goods in a store - they offer to purchase other products. For example, when purchasing a cell phone, they insist on obtaining an additional SIM card.

Often it is insurers and banks who try to impose services.

Responsibility for imposing services

For such actions, the contractor faces liability under various legal acts - the Civil Code of the Russian Federation, the Law of the Russian Federation “On the Protection of Consumer Rights”, the Code of Administrative Offenses of the Russian Federation.

You can be held liable:

upon receipt of a request to purchase and pay for an optional service;
after its actual receipt.

In both cases, the performer will have to prove the legality of his actions if the proceedings go to court.

It is best to refuse additional services at the initial stage. If this fails, then you can count on compensation for losses associated with illegal actions of sellers.

Losses include:

the amount actually paid for additional services;
the difference in the cost of services provided compared to identical types on the market.

They imposed a service - refuse it and recover damages.

Is there a threat under an article of the Criminal Code of the Russian Federation for imposing services?

The Criminal Code does not have an article for imposing services.

If your right to free choice of goods and services is violated, you can bring unscrupulous performers to administrative liability under Art. 14.8 Code of Administrative Offenses of the Russian Federation.

The violator faces:

for officials - fine from 1 to 2 thousand rubles;
for legal entities - fine from 10 to 20 thousand rubles.

The fine is collected at the expense of the state. At the same time, prosecution is allowed for each identified fact of imposition of services.

You have the right to demand compensation for moral damage on the basis of Art. 151 Civil Code of the Russian Federation. Its size will be determined by the court based on the degree of your moral suffering.

All sanctions are permitted only by court decision.

Where to go when requesting services?

Let's consider which bodies and structures you can turn to to find the truth:

write a written complaint to the administration of the offending institution or leave a review in the book of complaints and suggestions;
Rospotrebnadzor - you can contact if your complaint was left unattended;
court - if no actions have had an effect, or you have suffered losses from the services imposed, write a statement of claim for the protection of consumer rights.

Please note that based on your complaint, the Rospotrebnadzor service will conduct an inspection and draw up an administrative protocol on the violation. Next, the judge will consider it and impose a fine on the culprit.

If you impose a service, write a complaint to Rospotrebnadzor.

We are writing a complaint to Rospotrebnadzor

If the management of the enterprise does not satisfy your written or oral appeal, you can safely write a complaint to Rospotrebnadzor.

In your complaint please indicate:

name and full details of the body you are contacting;
personal data (full name, address, telephone and e-mail);
name of the offending organization and its details;
how your consumer rights were violated with reference to the law;
information about the availability of witness, documentary or other evidence;
date and signature.

Feel free to attach to your complaint copies of contracts, checks and other documents confirming your words.

Rospotrebnadzor does not consider anonymous complaints.

The conclusion of the Rospotrebnadzor service can be used when going to court with a claim for compensation for losses and moral damage.

If you understand that you cannot correctly compose a statement or are unable to defend your rights, seek help from a lawyer. His knowledge and experience will help resolve disputes as quickly as possible. Moreover, you will recover the costs of a specialist from the defendant.