Application for a refund for services not provided. Making a claim for a refund under a service agreement

Return claim cash under a service agreement is an effective step towards resolving the conflict. In this document, as a rule, the applicant demands that the contractor return money or compensate for losses incurred due to his fault.

If the customer is not satisfied with the result of the services provided to him, he has the right to demand a refund. To do this, he needs to write a claim. The same actions are taken by the consumer in the case when it is necessary to return goods to the store. poor quality.

Basic Concepts

According to current legislation, an agreement for the provision of services is drawn up in various fields activities. The parties to this type of document are the contractor and the customer. The legislation does not establish strict restrictions and clear regulations regarding the types of services, conditions for their provision and deadlines for implementation.

What is meant by service

In accordance with the first paragraph of Art. 779 of the Civil Code of the Russian Federation, the definition of “service” means the performance of any actions with subsequent payment for them. In this case, a contract for the provision of services is concluded between the parties.

Failure to fulfill obligations is grounds for termination of the document. Services provided incompletely or with missed deadlines entail negative consequences.

The scope of provision of services under this agreement differs from labor relations:

it does not include professional activities;
the executive party can be both individuals and legal entities;
the customer of the service cannot be a legal entity;
the services provided to the customer are prohibited from being used for commercial purposes.

In addition, the relationship between the parties terminates immediately after the completion of the services specified in the document.

Legislative framework

All issues relating to service agreements are governed by:

Constitution of the Russian Federation;
Civil Code of the Russian Federation (Civil Code of the Russian Federation);
Law No. 2300-I “On the Protection of Consumer Rights”;
departmental and intra-organizational regulatory legal acts based on the law and not contradicting the law;
scientific works of domestic and foreign legal scholars.

According to the current legislative framework Issues regarding the provision of services are considered as contractual, reimbursable and bilateral legal relations.

Form and execution of the contract for the provision of services

Theoretically, the customer and the contractor can verbally discuss the types of services provided, deadlines and payment methods. However, in this situation:

the performer may not receive money for the work done;
the customer will have to pay for poorly performed work.

To avoid problems and disagreements, both parties are interested in concluding a written agreement for the provision of services. The signatures placed at the end of the document by the parties indicate that the customer and the contractor are familiar with and agree with the terms of the transaction.

Such documents do not need to be certified by a notary, however, if one of the parties has concerns about the correctness of the agreement, it is better to use the services of a specialist. The only downside to contacting a lawyer is that the transaction process becomes more expensive.

Contract structure

The service agreement includes several clauses and has a special structure. At the beginning of the document its name is written, then the place where it is concluded, and at the very end the date is put.

The main text of the service agreement consists of the following sections:

Item. Data regarding the service with description important points its execution.
Validity period. Information about the moment the contract comes into force and under what circumstances it is terminated.
Deadlines for execution. The document specifies the period within which the contractor must fulfill his obligations.
Rights and obligations of the contractor and the customer. This clause of the agreement outlines all the important obligations of the parties. If desired or necessary, the standard form of the agreement can be changed, and the clause of rights and obligations includes the parameters necessary, in the opinion of the parties.
Procedure for terminating the contract. When drawing up an agreement, it is imperative to specify the conditions that serve as the basis for termination of the contract, and what such consequences may entail for each party.

At the end of the document there must be signatures and details of the parties. When drawing up a contract for the provision of services, it is possible to add a clause on the resolution of disagreements if they arise during the cooperation process.

Reasons for complaints

A sample claim for a refund for services not provided is similar to a regular consumer complaint (reclamation). The main difference is that the basis for writing a complaint will not be a physical object, but not the service provided to the customer.

According to Law No. 2300-I and the Civil Code of the Russian Federation, the customer has every right to write a claim in the following situations:

He received poor quality service. This clause affects the scope of supply of goods, especially when concluding an agreement remotely.
The service was performed later than the terms specified in the agreement. This situation is most often faced by customers who receive repair services. In the construction industry, there are many obstacles that are beyond human control. For example, the weather is unsuitable for pouring a foundation.
Failure to fulfill obligations stipulated by the contract. This clause may also affect the contractor if the customer did not timely pay for the work done. If the contractor suffers losses because of this, he also has the right to file a claim.

The main purpose of the claim is to resolve the conflict that has arisen between the parties without resorting to judicial authorities.

A claim for failure to fulfill obligations under the contract must contain notes indicating which clauses of the agreement were violated. Describe the situation before the smallest details no need. The main thing is to provide the following information:

date, details and place of conclusion of the contract for the provision of services;
the essence of the agreement with a description of the main provisions;
violated obligations to provide services;
the essence of the requirements (refund of money, compensation for damage).

In the offices of organizations involved in the mass provision of services, there are correctly filled out forms at the stands, but if desired, a sample can be downloaded on the Internet.

The structure of the claim document template does not differ much from most applications and includes:

Information about the addressee (full name of the authorized person, full name of the organization).
Information about the applicant (full name, actual residential address, contact phone number).
Title of the document.
Detailed information about the transaction.
Requests for a refund indicating a specific amount.
Time limits within which a response must be provided.
Method of receiving a response (sending by email or mail).
List of attached documentation.
Date and signature.

A sample will help you correctly draw up a claim for a refund for services not provided.

Return procedure

If the service is not provided or does not meet the quality specified in the agreement, you must:

write a claim for failure to fulfill obligations under a service agreement (a sample will be needed for correct drafting);
send a complaint to the violator (work performer);
write a written appeal to Rospotrebnadzor (this step is relevant if the contractor refused to comply with the customer’s requirements or ignored the received claim);
file a claim in court if Rospotrebnadzor does not help in resolving the issue.

To resolve the conflict it may be necessary additional documents: act of inspection of goods or act of accounting reconciliation.

If the customer has discovered that the goods have not been delivered in full, it is not advisable to delay the preparation of a visual research document. It is better to entrust the preparation of the necessary documents to a qualified lawyer.

Peculiarities

Exceeding the deadlines for completing work may be due to the fault of the customer. Let's take, for example, this situation: the agreement stipulates that the purchase of materials necessary for construction is carried out after the contractor has been paid 20% of the cost of the planned work. If the customer delays payment, then he is responsible for missing the deadlines. Even if the customer makes a claim to higher authorities, the law will be on the side of the contractor.

According to Article 32 federal law No. 2300-I, the customer can terminate the contract and demand a refund from the contractor only if the essential terms of the agreement are violated.

The contractor has the right to demand reimbursement from the customer if the expenses incurred by him are not directly related to the fulfillment of the obligations specified in the contract.

These include:

Payment for real estate services.
Rent of premises for storing goods.
Costs of operating motor vehicles.
Commission for conducting transactions related to cash payments.
Purchase of equipment.
Payment of salaries to employees.

The legislation provides for a clear division of actual expenses incurred. These are costs that are directly related to the fulfillment of obligations under the contract, and running costs legal entity.

If the contractor does not fulfill his obligations under the agreement, all current expenses fall on his shoulders.

For unpaid services, the customer faces civil liability.

Life situations sometimes develop in such a way that you have to refuse pre-paid work. This can happen for various reasons. However, the question of the return of previously deposited amounts remains open. Useful information in such cases is contained in the Federal Law “On the Protection of Consumer Rights”; articles are devoted to these topics. 29,30,31,32 and Article 782 of the Civil Code of the Russian Federation.

Procedure and rules for services not provided

If you are faced with the need to return money for a service not provided, you should know that your rights are protected by proper legislative acts. As in the case of non-purchased goods, it is written . Therefore, in this process it is required to act in accordance with the procedure and rules established by the Consumer Protection Law.
The step-by-step instructions for the presented procedure look like this:

First of all, you should file a claim for a refund for service not provided;
Hand over the document to the person responsible for the provision of services;
The application is delivered personally to an authorized representative, who signs for receipt. If he refused to accept the complaint, it should be sent registered letter with notice;
If the company refuses to return the money within the period specified by law, you can contact Federal service consumer protection;
If all peaceful methods for returning the spent funds are not effective, it is recommended to contact the judicial authorities.

Refund of money under the contract for a service not provided

Any agreement should be formalized in an official document. An agreement between the parties can be used as such. For an agreement to become effective, it must be correctly drawn up and reflect all the nuances of the relationship between its participants. The presented act must carefully spell out the obligations of the parties, the terms of termination, the duration of its activity, the amounts, as well as the responsibility of each of their participants.

The contract must be read carefully. Special attention require clauses containing terms and conditions of payment. There must be a seal of the responsible organization (stamps are placed on all pages) and signatures of the contractor and the customer or their representatives. The date of compilation is also required.
If the document is drawn up without inaccuracies, then a refund will be possible for services not provided.

Documents for refunding money for services not provided

To get a refund for a service not provided, you must have necessary documents. Having the appropriate evidence will increase your chances of a positive outcome of the process.
The list of documents includes:

A claim drawn up in the name of a person authorized to provide services;
Agreement between the parties confirming the conclusion of the transaction;
The presence of checks and/or documents confirming bank transfers is necessary, as the fact that the customer has paid the appropriate fee. It is impossible to demand from the supplier to return money for unfulfilled obligations without having in hand documentary evidence of payment for the service not provided;
In other cases, documents are required confirming the fact of non-provision of the service. For example, if on a tourist trip, the receiving party did not fulfill the conditions for transfer from the airport to the hotel, then you can present a receipt for the taxi driver as proof.

In this case, the consumer will have to act differently.

Refund period for services not provided

According to the provisions of the Consumer Protection Law, a complaint must be considered within no more than 10 days from the date of receipt. If the deadline is violated, the consumer has the right to demand additional compensation from the company.

The amount of the refund always depends on the reason for which the problem arose. If the fault lies with the performer of the work, the consumer receives 100% of the money. If the service was not provided due to the fault of the customer (for example, the tourist was unable to fly to the resort for a reason that was not specified in the contract), the contractor has the right to reduce payments or refuse the client altogether.

How to file a claim for a refund for a service not provided?

There are several rules on how to write a claim for a refund for services not provided. Compliance with them is important when filing an application. It is important to keep the following points in mind:

It is required to indicate the personal data of the applicant and the representative of the organization responsible for providing the service;
The reason for the appeal is indicated, all the facts surrounding the occurrence of this situation are described, and the dates are specified;
For greater efficiency, it is recommended to make references to specific articles of legal acts;
It is important to outline your requirements and further actions if the situation is not resolved;
The claim is written in two copies, which must indicate on the basis of which agreement the money is required to be returned. The document is signed by the head of the organization and the applicant.

Claim for refund of money for services not provided - sample

If the parties do not reach an agreement and the issue has not been resolved, the citizen, in accordance with Article 15 of the Law on the Protection of Consumer Rights, has the right to go to court. It is important to draw up an application to the executive body without errors. If mistakes are made, your case may be denied. To find out how to write a statement of claim for a refund of money for services not provided, you can refer to the provisions of the law.
The structure of the document should reflect the following information:

The name and address of the authority to which the application is sent;
Information about the party to the conflict;
It is necessary to describe the essence of the problem in a reasoned manner;
Outline your requirements for implementation. This could be the return of money spent, compensation for damage, etc.;
It is advisable to supplement the document with evidence that you are right. This can be photos, videos, receipts, certificates, eyewitness statements and other evidence. Volume evidence base significantly affects the nature of the case;
Indicate the documents that you have attached to the claim;
Add date and signature.

Based on the consumer protection law, every citizen has the right to receive quality service. If for any reason the client does not receive proper service, he can demand a refund.

Failure to fulfill obligations under a service agreement is not uncommon. Especially for organizations whose main activity is services. A claim will help to encourage the counterparty to fulfill its obligations under the contract and pre-trial settlement of the dispute.

To: General Director

Alpha LLC

____ , Kaluga region, __________ district,

G.___________, building _____, room____

Tel: _____________

From: LLC "Energia"

Legal and postal address:

index ___, city ___________ st. .

Page _____, room____

Tel:_______________

E-mail:__________________

Ref.: No. ____

"____"____________2017

Claim.

On April 18, 20__, between LLC Energia and LLC Alpha, an agreement for the performance of work No. 15 was concluded, according to which the Contractor undertakes, on the instructions of the Customer, within the time limits provided for by this agreement, to develop a Technical Project “Reconstruction of the horizontal GC tank”, and the Customer undertakes to accept the work and pay in the manner and on the terms provided for in this agreement.

In accordance with the terms of the agreement, we fulfilled our obligations in full.

The technical project was developed by us and accepted by Alpha LLC, which is confirmed by Act No. 7 dated ____ May 2016.

There were no complaints regarding the quality and timeliness of the services provided.

According to paragraph 1 of Article 779 of the Civil Code Russian Federation under a contract for the provision of paid services, the contractor undertakes, on the instructions of the customer, to provide services (perform certain actions or carry out certain activities), and the customer undertakes to pay for these services.

According to paragraph 1 of Article 781 of the Civil Code of the Russian Federation, the customer is obliged to pay for the services provided to him within the time frame and in the manner specified in the contract.

According to Art. 309 of the Civil Code of the Russian Federation, obligations must be fulfilled properly in accordance with their terms.

Obligations are recognized as properly fulfilled if all the conditions and requirements for the subject of fulfillment, subjects, place, deadline, and method of fulfillment are strictly met.

Also, by virtue of Art. 310 of the Civil Code of the Russian Federation, unilateral refusal to fulfill an obligation is not allowed.

In accordance with the terms of the agreement, payment for the services provided under this agreement is made on an advance payment basis in the amount of 50% of this agreement within 10 days after signing the agreement, the remaining 50% before delivery Technical project. (clause 2.2. of the agreement)

According to clause 2.1. contract for the cost of work performed by the Contractor in accordance with clause 1.1. of this agreement is ________________ rub. 00 kopecks, including VAT (18%) – ___________.00 rub.

Customer by payment order No. 2 dated ______, 2016. paid for the services partially in the amount of ______ rubles.

Thus, Alpha LLC had to fulfill the obligation to pay for services rendered no later than ____ May 2016. (clause 2.2 of the agreement). As of today, the obligation to pay for services has not been fulfilled.

TOTAL amount of debt under contract for work No. 15 dated April 18, 2016 is ________ (__________________ rubles) 00 kopecks.

By virtue of Art. 307 of the Civil Code of the Russian Federation, the creditor has the right to demand that the debtor fulfill his obligation.

Thus, based on the essence of the regulated named articles of obligation, the customer’s refusal to pay for the services provided to him by the contractor, provided they are properly performed, is not allowed.

We ask you to pay the debt amount as soon as possible, but no later than 30 calendar days from the moment the claim is sent to you.

In addition, we ask you to sign a reconciliation report of mutual settlements as of ____.__.201___. and return one copy to Energy LLC. If the reconciliation report is not returned to us within 10 (ten) calendar days from the date of receipt of your claim with the reports, the latter has the right to assume that you agree with your debt.

If any disagreements arise, to reconcile the calculations, please call (___) _-___-__ , to the accounting department of LLC Energia.

If the above requirements are not met by you, Energy LLC reserves the right, guided by the agreement and the norms of the current Russian legislation, recalculate the resulting debt upward, taking into account penalties and interest, as well as the costs of a representative, and submit the materials for consideration to Arbitration court Kaluga region in the manner prescribed by current legislation.

Please provide your response in writing no later than 30 calendar days from the date of sending the claim to the Buyer. The answer can be sent to our email address _____@________, followed by mail.

Application:

Original acts of reconciliation of mutual settlements as of ______, 2016. – 2 copies on 1 sheet each.

*You can send other documents confirming the debt.

General Director of Energia LLC Ivanov I.I.

2017 (c) Head of the legal bureau Aramenko O.V.

In the service sector, situations often arise in which the consumer, for the contractor’s dishonest attitude towards the obligations assumed, demands a refund of the money paid for services not provided or of poor quality. How to force an unscrupulous contractor to return the funds paid?

Refunds for services not provided: law on consumer protection

The basic law regulating the rights and protection of the interests of the customer of services is the Law “On the Protection of Consumer Rights” No. 2300-1 of 02/07/1992 (as amended on 06/04/2018).

Article 32 of the Law regulates the consumer’s right to refuse an agreement for the provision of services, provided that the customer will reimburse the contractor for the costs incurred by the latter in connection with the fulfillment of the obligations assigned to him by the agreement.

At the same time, the law gives the consumer of services the right to refuse reimbursement of expenses incurred by the contractor if, within the framework of the concluded contract for the provision of paid services, the contractor violated one or more essential terms of the transaction or the legal requirements for the provision of services. At the same time, the consumer who did not receive the service on time has the right to refuse to perform it and receive a refund for services not provided (Article 28, paragraph 1, 3 of Law No. 2300-1). If the contractor refuses to provide services (if the consumer has not accepted the service), he cannot demand payment and reimbursement of his costs under the contract (Clause 4, Article 28 of Law No. 2300-1).

Refund to the service consumer

The procedure for returning funds for services not provided is regulated by the provisions of Articles 28 and 31 of the above law, and consists of three main stages:

establishing the fact of non-provision of services;

drawing up a claim for the return of money paid and presenting it to the contractor;

waiting for the executor's decision and return of the money paid.

If the dispute is resolved peacefully, at the stage of returning funds to the customer of the service, the conflict is considered resolved. If the contractor refuses to satisfy the claim, the service consumer has the right to turn to a third-party organization (this may be a regional or territorial department for the protection of consumer rights, a branch of Rospotrebnadzor, etc.), or to file a claim for consideration in court.

Sequence of actions

Making a claim

When writing a complaint to the contractor, you should adhere to the rules of registration official documents. A correctly drawn up claim sample for a refund for services not provided must contain:

information about the customer of the service - last name, first name, patronymic (in full spelling), passport details, address, telephone number;

information about the contract for the provision of services – number and date of the contract, type of service ordered, deadlines for execution, cost of the service;

information about the contractor’s violation of the terms of the contract for paid services (indicating the volume of unprovided services, refusal to fulfill obligations);

information about funds paid under the agreement - the amount and form of payment;

an indication of a violation of consumer rights, which represents a violation of the terms of the contract for the provision of paid services;

statement of demands for reimbursement of funds.

When writing a claim, it should be taken into account that financial disputes are considered only with the provision of supporting documents, therefore you should attach photocopies of documents confirming the conclusion of the transaction, the fact of prepayment for services that were not provided (agreement for paid services, checks, receipts, payment order, warranty cards, etc.).

Filing a claim

The claim can be submitted to the contractor in several ways:

when applying in person - in this case, you should have a second copy of the claim with you, on which the recipient must make a note of receipt, putting the date and time of delivery of the document, and his signature;

by sending postal service– in such cases you should send with a valuable letter with notification and description of the attachment. With this form of filing a claim, proof of its receipt by the contractor will be the post office’s mark on delivery of the item to the addressee in the notification form.

From the moment the claim is served, the contractor is given a strictly limited time to make a decision. The deadlines for the return of funds for services not provided are established by the norms of Art. 31 of the Law of the Russian Federation “On the Protection of Consumer Rights”. The law allows 10 calendar days to make a decision and voluntarily return funds to the consumer. The calculation of the period begins from the moment the contractor receives the claim.

It didn't work out peacefully. What to do?

If the conflict between the customer and the contractor has not been resolved through a claim procedure, the service consumer has the right to go to court to resolve the dispute and make a decision on reimbursement of funds for services not provided.

In this case, the statement of claim in the informative part does not differ from the claim written earlier to the executor, only the “header” of the document changes - the addressee, and the statement is entered additional information on the contractor’s refusal to voluntarily satisfy the consumer’s legal requirements.

TO statement of claim You should attach copies of all evidentiary documents, including the claim previously submitted to the executor. The original documents are presented to the court directly during the court hearing.

When filing a claim for the return of funds for services not provided, the plaintiff, in accordance with paragraph 3 of Article 17 of the Law of the Russian Federation “On the Protection of Consumer Rights,” is exempt from paying state duty. At the end of the hearing, if the court decides in favor of the plaintiff, the court will place this burden on the service provider.

Return of money in accounting

Refunds can be made in two ways:

in cash – if payment under the contract for paid services was made by the customer in cash;

non-cash payment – if payment was made from a card or bank transfer, or if the customer specified this requirement separately.

The posting of accounting transactions when returning money deposited in cash at the cash desk and funds transferred from a card or by payment order will vary.

Let's look at an example of how a refund should be processed for services not provided, transactions through the cash register and the bank:

non-cash payments:

D62.01 K51 – return to the customer of funds received as payment for services. The amount transferred from the account is indicated.

D62.02 K51 – return of advances paid to the customer of services. The amount of the advance payment to be returned is indicated;

cash payments:

D62 K50.01 – return of cash to the consumer for services not provided.

Service Provider Responsibility

The limits of the contractor's liability for failure to provide services or poor-quality provision of services under the contract are established by the norms of Art. 393 of the Civil Code of the Russian Federation, according to which the dishonest actions of the performer can result in serious consequences for him financial losses– in addition to the direct refund of the full amount of funds paid by the customer, the service provider may be required to pay losses, penalties, interest, etc.

Moreover, it should be noted that the concept of dishonest actions of the contractor is considered quite broadly by the provisions of this article, and covers not only compensation for actual damage or lost profits incurred by the customer. In cases where the contractor, having ignored the terms of the contract, forced the customer to enter into a new relationship with another service provider, the court may oblige the contractor to compensate for the difference in material costs.

Sample claim

Claim

On September 1, 2018, I, Petr Sergeevich Seleznev (passport No. 1212 343434, issued on July 15, 1996 by the 4th branch of the Federal Migration Service for the city of Moscow) booked double room No. 51 at the Rest in the Mountains hotel, and made an advance payment for accommodation from 01.10 .2018 to October 10, 2018, in the amount of 44,500 rubles (payment invoice No. 258 dated September 1, 2018).

From the hotel representative Ivanova I.I. On September 1, 2018, I received confirmation of receipt of the prepayment I made by non-cash method and the fact of booking room No. 51 in my name for the specified period.

Upon arrival at the hotel on October 1, 2018. they refused to let me check into the room I had booked (No. 51), explaining that at the moment and until 10/04/2018 it was occupied by other visitors, and they also offered a room of a lower class that did not meet the requirements I stated when booking. A room with similar conditions or conditions of a class higher was not offered to us by the hotel administrator due to the lack of available rooms.

In this situation, we were forced to turn to the Elite Holiday in the Mountains hotel, where we were provided with a room of a similar class, but with higher rates for accommodation.

I believe that by receiving an advance payment and not providing the pre-agreed conditions and terms of stay in a specific hotel room, you violated the terms of the agreement on the provision of paid services and my rights as a consumer of services. In connection with the above and on the basis of Art. Art. 28, 32 of the Law “On Protection of Consumer Rights” No. 2300–1 of 02/07/1992, I demand:

1. Refund to me the funds paid on September 1, 2018 as an advance in the amount of 44,500 rubles in full.

2. Refund the difference in the cost of living in a room of the same class at the Elite Holiday in the Mountains hotel during the period from 10/01/2018 to 10/10/2018 in the amount of 18,500 rubles.

I am attaching to this complaint:

A copy of the bank statement dated 09/01/2018 on the non-cash transfer of funds in the amount of 44,500 rubles as an advance payment for accommodation for 10 days (from 10/01/2018 to 10/10/2018) in room No. 51 of the Mountain Rest hotel ";

Few people know that an application for a refund for a service can be submitted without any special reasons. But, if such a service has not yet been provided. Otherwise - if it turned out to be of inadequate quality. However, in the latter case, the return of funds for the service may have features in the amount of funds returned.

Moreover, not only the consumer can submit an application for a refund for the service. But also the customer under the Civil Code. To do this, he must refuse the contract for the provision of services for a fee (more details -). The consumer, by submitting an application for a refund for the service, also refuses the contract. AND we're talking about about all services - medical, legal, tourism, insurance, etc.

Example of an application for a refund for a service

IP Babkin Viktor Petrovich

183015, Murmansk,

st. Admirala Bolov, 11, off. 8

from Mark Valentinovich Odintsov

183017, Murmansk, st. D. Donskoy, 97

tel. 784953585255622

On May 16, 2022, a paid services agreement No. 47/22 was concluded between you and me. Under this agreement, you have undertaken to provide me with cleaning services using your employees at the address: Murmansk, st. D. Donskoy, 97. Services were to be provided weekly on Wednesdays. From 11.00 o'clock. until 17.00 o'clock. I deposited 15,000 rubles into your current account, based on 3,000 rubles. for one cleaning.

On May 25, 2022, I discovered that the service was not provided to me. When I called, the administrator explained that services could only be provided on Saturday, May 28. And she suggested changing the cleaning schedule. Thus, you did not notify me of a significant change in the contract. This change doesn't suit me.

In accordance with Art. 29 of the Law on the Protection of Consumer Rights, I have the right to terminate the contract for the provision of paid services due to a significant deviation from the terms of the contract. In this connection, I demand a refund of money for services in the amount of 12,000 rubles. In addition, since you unilaterally refused to provide the service on May 25, 2022, I invited Chistka LLC to clean the house. Paid 4,500 rubles. These are my losses that I incurred due to your improper fulfillment of your obligations.

Based on the above, I request you to transfer funds in the amount of 16,500 rubles. to my bank account. Details are attached.

05/28/2022 Odintsov M.V.

When a consumer submits an application for a refund for a service

So, the consumer decided to refuse the contract and demand money. In order for an application to be considered positively, the following circumstances must exist:

the service has not yet been provided. The customer can cancel the service at any time. But at the same time he must compensate the contractor for the costs incurred. For example, for the purchase of certain goods to perform a service. We carefully read the contract.
significant deviations from the terms of the contract were discovered. Dates, place, other conditions important for the customer
significant service deficiencies discovered by the consumer. This is a very individual condition. What is considered a significant disadvantage of the service? This is a failure to achieve results. But, for example, on this basis it will not be possible to return the money for legal services. After all, their subject is not the result (winning a case in court), but the representation itself in cases. Therefore, this basis must be proven by the consumer.
the previously identified service deficiencies were not eliminated by the contractor. It is important to record such deficiencies in writing. Write about the quality of services. And keep notification of the contractor’s receipt of such a claim.

If there are no such circumstances, but there are shortcomings, the consumer may demand:

reducing the price of the service
free elimination of deficiencies
reimbursement of their expenses for eliminating service deficiencies by third parties or on their own.

Contents and submission of an application for a refund

The basis for the refund must form the basis of the refund application. In addition to the individual basis in each case (description of the situation), which, if desired, can be discussed with the site’s duty lawyer, the document contains general typical information:

name of the performer, his address
information about the applicant, including address and telephone number
name of the document
description of the situation (individual)
link to article 29 of the Law on Consumer Protection
request for a refund
if to a current account – account details
signature and date.

It is better to submit an application for a refund for the service in person. Having received the appropriate mark from the artist (date, signature, transcript). If the performer completely refuses, you can send the application by mail from.

Consideration of an application for a refund for a service

The recipient must make a positive decision on the received document within 10 days. From the date of receipt of the application. Deadline missed? The consumer has the right to demand. Its size is established by art. 28 of the Law. 3% per day, unless a longer period is specified in the contract.

The executor may not respond to the application. Or refuse, citing any circumstances. In this case, it is carried out by submitting the appropriate.