Маргарита Горовцова
VadimVasenin / Depositphotos.com
Столичное управление Роспотребнадзора рассказало1 об одном из судебных дел, благодаря которому удалось защитить права потребителя. Последний купил машину в автосалоне, а потом, уже дома, более подробно изучил договор-купли продажи.
Покупатель обнаружил, что к договору прилагался сертификат на оказание помощи при ДТП на сумму 210 тыс. руб. Сотрудники автосалона об этом ничего не говорили, поэтому потребитель просто заплатил эту сумму.
Потребитель неоднократно писал в адрес автосалона заявления о том, что он отказывается от сертификата и требует вернуть деньги на основании закона (ст. 32 Закона РФ от 7 февраля 1992 г. № 2300-1 «О защите прав потребителей»). Но результата это не дало. В итоге он обратился в московский Роспотребнадзор за содействием, а специалисты ведомства подали иск в суд.
В какой суд нужно обращаться за защитой прав потребителей? Узнайте из Домашней правовой энциклопедии системы ГАРАНТ! Получите полный доступ на 3 дня бесплатно!
Пресненский районный суд г. Москвы полностью удовлетворил эти требования. Более того, он взыскал с автосалона не только уплаченную за сертификат сумму (210 тыс. руб.), но и неустойку за нарушение сроков удовлетворения отдельных требований потребителя (210 тыс. руб.), штраф за неудовлетворение требований потребителя (210 тыс. руб.) и компенсацию морального вреда (5 тыс. руб.). Всего автосалон выплатил в пользу покупателя машины 635 тыс. руб.
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1 С информацией можно ознакомиться на официальном сайте Управления Роспотребнадзора по г. Москве (https://77.rospotrebnadzor.ru/index.php/napravlenie/zpp/9865-o-pomoshchi-potrebitelyu-v-vozvrate-denezhnykh-sredstv-za-sertifikat-pomoshchi-pri-dtp).
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