Statement of claim to the court samples for the protection of consumer rights to the manager

In what cases can you get by with a complaint against the Criminal Code?

The first step in resolving the conflict should be pre-trial procedure. This means that before contacting any authorities, you should negotiate with the management company yourself. The most effective way is a written complaint.

How to file a complaint to the management organization? Ask a lawyer and get detailed advice by phone or leave a request on the website - we will call you back within just 15 minutes!

As a rule, the Criminal Code tries to respond to the complaint with active actions, as a result of which both parties come to a consensus. But if the required response cannot be achieved, then the next stage is a complaint to government agencies. No less effective way than suing the Criminal Code.

Sample complaint to the Criminal Code or Housing Office about flooding of an apartment due to their fault - rules for writing a document

When sending a letter of claim to the Management Company or Housing Office, you must take into account the following rules for writing and drafting the document:

1. Divide the claim statement into 3 parts: introductory, main and final.
2. The introduction will include a “header”. It must contain the details of the director of the management company to which you are sending the application, the name of the company, as well as information about the applicant - full name, residential address, contact phone number.
3. The title of the document must be included. In our case, this is a Claim or Statement. The name is written in the middle of the line, with a capital letter. There is no period after the word.
4. Then the main part will follow. In it, you must report the problem that occurred, briefly and clearly tell how the flooding occurred, when, at what time of day, where did you turn for help, did an expert appraiser come, was a site inspection report drawn up, why do you think it was the fault of the bay lies with the management company or housing office, etc.
5. In conclusion, you should state your requirements. You can ask to assemble a commission that will check for the problem and draw up an appropriate report. It is also possible to ask the company to pay the funds needed for repairs, or to oblige representatives to carry out repairs free of charge, since the flooding of the apartment is entirely their fault.
6. You can add in the same part, but in a different paragraph, that you will go to court and will resolve the issue in court if your demands are ignored or not fulfilled.
7. When making demands, you must refer to regulations, articles and laws.
8. At the end of the document, put the date and your signature.

Prepare the document in several copies .

If you submit it in person, then leave one option for yourself to confirm your application to the Criminal Code or Housing Office.

A ready-made application form for a claim about flooding of an apartment due to the fault of the management company or housing office is available for free

Examples of claims to the management company:

Example 1:

Example 2:

Example 3:

Please use this form and examples to complete your application. Enter your data into it and describe the situation that has arisen for you.

Where can I complain?

• to the Housing Inspectorate , which, based on the complaint, will conduct an inspection and bring the perpetrators to administrative responsibility;
• in Rospotrebnadzor - a body that protects the rights of consumers (in this case, recipients of services from the management company), conducts inspections and, if violations are detected, imposes serious sanctions;
• to the prosecutor's office , which is authorized to receive all complaints received from citizens and carry out the necessary operational actions.

Where else can I file a complaint?

Another option is to contact the city Housing Inspectorate. This supervisory body is obliged to conduct inspections of the housing stock, including based on statements from residents. If the inspection reveals violations in the work of the management organization, then the inspection has the right to impose a number of sanctions on it - from material to administrative.

Since relations with public utilities are often subject to the provisions of the Law “On the Protection of Consumer Rights”, in case of any violations on the part of the management company, the home owner has the right to file a complaint with Rospotrebnadzor. You can submit an application by visiting the local department of this state supervisory organization, or use for these purposes the official website of the Federal Service for Surveillance on Consumer Rights Protection and Human Welfare. If the requirements specified in the application do not require an unscheduled inspection of the management company, then it can be submitted without authorization in the ESIA (State Services) system. Otherwise, this procedure cannot be avoided.

In what cases is it better to immediately sue the management company?

In cases where the material interests of residents . In other words, when it is necessary to receive monetary compensation from the management company.

For example , due to the fault of the management company, a car in the courtyard of a house was damaged due to fallen dead wood. What to do? Who will pay for the repairs? Of course it's the culprit. In this case, the management company was obliged to eliminate a potentially dangerous object, but did not do so. And if, in response to your demand for compensation for damage, the Criminal Code does not respond, delays payment, or refuses, then the only sure way is to go to court. Another common violation on the part of management companies is overestimating payments for utilities. If the management company does not agree to recalculate, then you can sue the housing and communal services.

Important! According to the norms of the current legislation, you can complain to the court about the Criminal Code if YOUR rights are directly violated. This means that if a dead tree fell on a neighbor’s car, then only the neighbor can file a claim against the management company.

Statement of claim against the management company: sample 2020

Article current as of: June 2020

How to sue a housing and communal services management company? This issue is relevant for many residents of apartment buildings, where there are constant violations by the management company.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to find out how to solve your particular problem , contact a consultant:

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Inadequate maintenance of an apartment building

A management company is an organization that is obliged to perform its assigned functions on a professional basis, provide residents with quality services, and also report on all activities.

Consequently, apartment owners have the right to file a complaint if housing and communal services fail to fulfill their obligations.

The reasons may be as follows:

• the entrance must be renovated - major or cosmetic repairs;
• the elevator does not work for a long time or the garbage chute is broken;
• poor heating in the premises during the winter season or it does not work at all;
• Light bulbs in the entrance and stairwells burned out.

Where to complain?

Legal practice establishes many customs, one of which is to attempt a peaceful settlement of a dispute before turning to the judiciary or regulatory authorities.

Therefore, first you need to contact the management company by sending it a claim.

It should contain:

• information to whom the paper is sent - full name of the official;
• an indication of who it was compiled from;
• description of the problem;
• solutions;
• date of compilation and signature of the applicant (applicants).

It is recommended to personally deliver the claim to the housing and communal services office, and you must keep one copy, which will bear the signature of the management.

After this, there may be several ways the situation can develop:

1. All requirements will be taken into account and satisfied.
2. The management company will not respond to the complaint.

If the legal demands of the residents of the house are not fulfilled, the following options are provided:

1. One of the most effective ways is to contact the Housing Inspectorate. This government body is authorized to conduct inspections of the housing stock based on statements from residents. Based on the results of the audit, it can impose sanctions on the management company - material and administrative.
2. If the housing inspection does not approve the contract, then you can file an appeal to Rospotrebnadzor. In accordance with the concluded agreement with the housing and communal services for the maintenance of an apartment building, its activities are subject to the standards of the Federal Law ZPP. Consequently, if a citizen’s rights are not fulfilled in full, then he has the right to file an application with Rospotrebnadzor. Specialists from this body will also conduct an inspection, after which, if necessary, they will apply sanctions to the unscrupulous management company.
3. If an appeal to Rospotreb does not produce results, it is recommended to file a complaint with the prosecutor’s office or court. This issue requires more detailed consideration.

How to sue a housing and communal services management company?

It is necessary to go to court if the complaint is based on non-fulfillment of clauses included in the contract, as well as if the dispute is material.

The purpose of the complaint is to pay compensation for damage caused.

When applying to a judicial authority, a statement of claim is drawn up.

Where to contact?

When deciding which court to appeal to, it is necessary to take into account Article 28 of the Code of Civil Procedure of the Russian Federation.

On its basis, the statement of claim is filed at the location of the management company. In this case, the legal address must be taken into account. Filing a claim can also occur at the place where the contract was concluded or at the place of official registration of the plaintiff.

Protection of the rights of residents is carried out in court, therefore a claim, the cost of which does not exceed 5,000 rubles, is submitted to the magistrate of the site for consideration.

The application is submitted to the district court in the following situations:

• the dispute does not concern property interests, for example, resolving the issue of providing certain documents on the part of the tenant;
• when filing an application, the plaintiff independently finds it difficult to determine the damage caused by the management company as a result of the violation of his legitimate interests;
• filing a claim is carried out only for the purpose of collecting compensation for moral damage caused.

Is it possible for one owner to refuse a management company? Find out here.

How to file a claim?

How to file a claim in court against a management company? The requirements for a statement of claim filed in court against the management company are established by Article 131 of the Code of Civil Procedure of the Russian Federation.

Based on this, it should include the following information:

• name and details of the court, both parties - the plaintiff (applicant) and the defendant (management company), their location;
• description of the violated legal rights or interests of residents of an apartment building;
• evidence of the validity of filing a claim and listing the circumstances of the case;
• a list of authorities to which residents applied to resolve the situation during the pre-trial period;
• attachment – ​​it lists all the documents attached to the claim.

The statement of claim is accepted within five days after filing or returned to the applicants.

When returning, the reason for which the claim was not accepted is indicated. This violation must be corrected, and then the document must be submitted again. Execution of a court decision is carried out voluntarily or with the participation of bailiffs.

A sample statement of claim to the court against the management company is presented here.

Anyone can use the sample to file a claim regarding the management company’s failure to fulfill its obligations.

One of the grounds is a violation of a bilateral agreement concluded between the housing and communal services and the residents of the house.

In accordance with this document, the management company assumes a number of obligations, both operational and repair, and organizational.

Residents, in turn, must make payments for utility bills on time and in full.

State duty

This provision is established by the current Tax Code of the Russian Federation.

What services does the management company provide? Full list here.

Are you interested in the procedure for changing the management company? Details in this article.

Arbitrage practice

It is important to note that interaction with housing and communal services by submitting a claim directly to the office, then to the Housing Inspectorate and Rospotrebnadzor is not at all mandatory.

However, judicial practice shows that the absence of claims against the defendant often becomes the reason for the refusal to satisfy a claim demanding the imposition of a fine on the management company.

Judicial practice shows that claims aimed at protecting legal rights are satisfied in favor of the plaintiff.

In the video about the activities of the management company

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• Statement of claim for compensation for damage caused by the management company (sample)

The following sample (form) of a statement of claim against the management organization (management company) for compensation for damage caused as a result of the latter’s improper execution of the management agreement for an apartment building is posted on the website of the Novocheboksarsky City Court of the Chuvash Republic (novocheboksarsky.chv.sudrf.ru).

What terms of the management contract are most often violated by the management company?

A common practice for most Russian management companies in the housing and communal services sector is improper fulfillment of the terms of the management agreement regarding the maintenance of the common property of an apartment building.

The traditional argument “there are not enough funds in the house account to carry out the work” and the inaction of the management company leads to the destruction of elements of the common property of the apartment building, resulting in damage to the property of the citizens who own the premises of the house, as well as the property of the owners of non-residential premises.

For example, a roof leak – inaction of the management company – caused damage to the apartment owners of the premises on the outermost floors due to flooding; freezing of ice, accumulation of snow on roofs, eaves - inaction of the management company - harm to human health as a result of falling ice or damage to property as a result of the same ice or snow falling on the owner’s car. We recommend that you read more about these and other cases of damage as a result of the management company’s inaction in the review of practice “Responsibilities of the management company in the housing and communal services sector for maintenance and repairs. Arbitrage practice ".

According to the management agreement, the management company is not responsible for damage

Let us remind you that the absence of provisions on the responsibility of the management company in the management agreement for an apartment building is not a basis for exemption from such liability.

In the same way, the absence in the contract of conditions regarding the obligations of the management company, for example, to immediately repair roof leaks, remove ice and snow from roofs, etc., does not indicate that the management company does not have such an obligation. In this case, the provisions of Gosstroy Decree No. 179 of 2003 apply.

The court only needs to provide evidence that the defendant is the organization that manages the apartment building.

To the Novocheboksarsk City Court

Plaintiff: ... (full name of the owner of the residential premises in the apartment building) resident: ... address, telephone

Defendant: ... (name of management company) location: ... address, telephone

Cost of claim: ... rubles State duty will be: .... rubles

Statement of claim for compensation for damage caused by the management company

The plaintiff is the owner of residential premises - an apartment with a total area of ​​... sq. m. m, living area... sq. m, located in an apartment building at the address: ..., which is confirmed by a certificate of ownership dated "__"_________ __ year N ....

“__”_________ __ year, between the owners of apartments in an apartment building at the address ..., including the plaintiff, and the defendant, an agreement was concluded for the management of apartment building N ... (hereinafter referred to as the “Agreement”), according to which the defendant obliged: 1) ___________________________________________________; 2) __________________________________________________; 3) __________________________________________________;

4) __________________________________________________.

However, the defendant performed his duties improperly, namely: _________________________, which is confirmed by _________________________.

Section _____ of the Agreement provides for the liability of the defendant for failure to fulfill obligations during the execution of the Agreement in the form of compensation for losses to the plaintiff.

By the above actions (inaction), the defendant caused losses to the plaintiff in the form of _____________ in the amount of _____ (_______) rubles, which is confirmed by ______________.

In accordance with Art.

309 of the Civil Code of the Russian Federation, obligations must be fulfilled properly in accordance with the terms of the obligation and the requirements of the law, other legal acts, and in the absence of such conditions and requirements - in accordance with business customs or other usually imposed requirements. Unilateral refusal to fulfill an obligation and unilateral change of its terms are not allowed, except in cases provided for by law (Article 310 of the Civil Code of the Russian Federation).

By virtue of paragraph 2 of Article 162 of the Housing Code of the Russian Federation, under an agreement for the management of an apartment building, one party (the management organization) on the instructions of the other party (the owners of the premises in the apartment building, the management bodies of the homeowners' association, the management bodies of a housing cooperative or the management bodies of another specialized consumer cooperative or in the case provided for in Part 14 of Article 161 of the Housing Code of the Russian Federation), within the agreed period for a fee, undertakes to provide services and carry out work on the proper maintenance and repair of common property in such a house.

Source: https://voprosy-migranta.ru/iskovoe-zajavlenie-na-upravljajushhuju-kompaniju-obrazec-2020-goda

How to file a statement of claim in court against the Criminal Code?

The statement of claim consists of several parts:

1. “cap” (name of the court; data of the plaintiff (representative of the plaintiff); data of the defendant; data of third parties (if any); information about the power of attorney for the representative of the plaintiff),
2. main text of the application (statement of the circumstances of the case; evidence confirming the circumstances of the case; price of the claim),
3. requirements (justified from the point of view of legal norms),
4. signature of the plaintiff, his representative.

Important! Unlike a complaint, a statement of claim to the court for housing and communal services, compensation for damage, etc., is drawn up in strict accordance with the requirements of the law. Claims must be clearly formulated and justified, indicating specific articles of the law. Evidence is an integral part of the statement of claim.

Contact a lawyer if you need to file a claim! We have prepared especially for those who are dissatisfied with their management company. They will provide you with qualified assistance and prepare the necessary procedural documents for the trial with the Criminal Code in strict accordance with the rules of the law. This ensures that your claim is accepted and your claims are met.

Call + or leave a request for a call back from our specialist! We will help you!

Pre-trial conflict resolution

If housing and communal services refuse to fulfill their obligations, then the law does not prohibit consumers from immediately going to court, bypassing the stage of a peaceful resolution of the situation. However, submitting a written claim to the court against the management company , which it did not satisfy or ignored, can significantly increase the chances of successfully resolving the conflict.

The text of the claim must include:

• Circumstances of the case. About what action (or inaction) of the Criminal Code the complaint was written. For example, unauthorized shutdown of heating during the cold season;
• An indication of the clauses of the contract for the provision of public services that were violated. Additionally, it is worth referring to Articles 27-31 of the Law “On the Protection of Consumer Rights” and demanding that the housing and communal services sector eliminate the problem within the period established by law, making a preliminary recalculation of the cost of the services provided;
• At the end of the complaint, a requirement is expressed to provide a written response to the claim, otherwise the complaint will be forwarded to the court. The court will be required not only to eliminate the problem, but also to pay compensation for the damage received (including moral damage), as well as a fine for refusing to fulfill one’s duties voluntarily.

The claim can be filed on behalf of one person or from a group of apartment owners. In the latter case, it is necessary to add the signatures of each applicant to the claim. The document is given to the office of the management company, and if the claim is refused, it is sent by mail with acknowledgment of receipt.

Buyers' rights to be protected

It is compiled taking into account the following rules:

1. You can express yourself freely, but you must use a business style of writing;
2. Your application should not contain insults or obscene language, otherwise it will not be considered;
3. Your application should not contain unconfirmed facts or false information - this will subject you to significant administrative or even criminal liability.

The application itself can be submitted in one of the following ways:

• In person. The most convenient and reliable way, since you will have the opportunity to immediately pay the fee and receive a receipt for the transfer of the application;
• With the help of a trusted person. The same as the point described above, only instead of you, the application and papers can be taken to the court by a representative who has a power of attorney for you;
• By mail. If you do not have the opportunity to personally take the papers to court, then the statement of claim can be sent by registered mail with acknowledgment of delivery;
• With the help of a lawyer. If you use the services of a lawyer at the stage of preparing to file an application to court against the management company, then with his help you will be able to file the application.

Rospotrebnadzor, represented by the department, is involved if hygiene and sanitation issues are raised. The conclusion should be taken care of in advance, during the period of writing complaints.

The court's reference to the clauses of the agreement determining jurisdiction is, according to the explanations of the RF Armed Forces, untenable. The meaning of the amount in dispute Sample statements of claim for consumer protection suggest a magistrate or district court. For example, residents contacted the State Housing Inspectorate. to Rospotrebnadzor or the prosecutor's office. but none of the appeals led to results.