Судебное дело. Потребительские риски

Thus, according to the study, for 44.3% of respondents the main reason for filing a complaint is the loss of a large sum, for 39.9% of respondents it is thethreat to their health condition, for 15.8% of respondents it is the rudeness of the seller.Schedule 2The motivation of the consumer in the process of defending their rights Thus, almost half of respondents the financial component is certainly more important than the psychological balance and health.Indisputable is the fact that in the provision of poor quality services to the consumer or in the implementation of low-quality goods, the seller or a person providing services should be held accountable. But what we should do if we do not understand the point of service provision? We propose to consider a lawsuit for tourist services.The Protection of consumer rights apply to the legal relationship of the parties contract for the provision of tourist services to consumers.    The regional organization "The Protection of Consumer Rights" appealed to the court in the interests of consumers with a claim to the company "Vozrozhdenie-Travel" (organization-defendant) and N. for the protection of consumers rights. In support of the stated requirements the regional organisationpointed out that the defendant and N. signed contract for the organization of tourist services. In accordance with this contract the company "Vozrozhdenie-Travel" has undertaken to carry out for the N. andthe group of peoplethe book a guided tour. N. performed its obligation to pay the contract. Since the applicants have failed to carry out the trip, they informed the defendant to postpone the trip, and then to terminate the contract and refund. The funds were returned to them not in full, and late, which is a violation of consumer rights.     Partially met the stated requirements, the courts of first and appeal instances came from the fact that as a violation of consumers' rights is set, according to para. 5, Art.28 and p. 3 of Art. 31 of the Federal Lawof the Russian Federation "About the Protection of Consumers Rights" for delay in meeting the individual requirements of the customer shall pay the consumer for each day of delay penalty (fine) in the amount of 3%, and therefore the plaintiffs awarded compensation for moral damages and to reimburse expenses incurred by the court.     Cancelled the judgment and remitting the matter for a new trial, the Presidium of the Regional Court came to the conclusion that in this case, the Law of Russian Federation “About the Protection of Consumers Rights” is not applicable because the organization had failed to provide the plaintiffs tourist services due to their travel cancelation, so the plaintiffs had not been provided to the tourist service of poor quality or in violation of the contract terms.     The panel of judges of civil cases of the Supreme Court, having considered the case in order of supervision, recognized the illegal the decision of the Presidium of the Regional Court on the following grounds.     The Government Act of the Russian Federation of 18 July 2007 N 452 "About approval of rules of rendering services for the implementation of the tourism product" provided that the rules define the procedure for the provision of services for the implementation of the tourism product. A customer means a client of a tourist product whohave intention to order or ordering and using tourism product solely for personal, family, and other needs.     The seller is the tour operator, which concludes with a client the agreement on the implementation of the tourism product in accordance with the Federal Law "About the foundation of tourist activity in the Russian Federation" and the Civil Code.     The Law of Russian Federation "About Protection of Consumer Rights" regulates relations between consumers and manufacturers, executors, importers and sellers in the cases of sale of goods (works, services).     In these circumstances, when the plaintiffs signed a contract for the consumer provision of tourist services, the rejection of obtaining these services is the part of their relationships.