Anonim

ACTUAL

Complain!

STRONG BUYER'S HAND

New additions to the law "On Protection of Consumer Rights".

Dmitry LEONTIEV

WARRANTY

IMMEDIATE ACTION

The Duma of the last convocation managed to say goodbye to the law “On Amendments and Additions …” (entered into force on December 20, 1999), which significantly expanded the rights of consumers. Readers, of course, are primarily interested in what motorists will guess.

From now on (finally!), If a cash or sales receipt or a reference account is lost, your complaints about the quality of the goods must be accepted. This is good, because checks are easily lost, and even before the discovery of a deficiency in the product. Not to mention that in many auto parts stores you don’t interrogate a check at all. With the help account, too, stories happen. You buy a car, for example, in the salon with one name, and in the reference account, another (in the TCP - the third). As a result, no one is responsible for anything. Now, such tricks can be contrasted with any evidence that the car was bought in this place, at least the testimony of his wife and friend.

Another innovation in the law: if the warranty period for the goods is not established, then the buyer has the right to make claims for quality within two years after the transfer of the goods to him, not only to the manufacturer, but also to the seller. Not bad! Parts dealers will have to think a hundred times now before putting parts from the bulkhead onto the counter. Previously, it was easy to blame the shortcomings of "made" spare parts for an unnamed factory.

Another good news: from now on, under the law, the warranty period for components cannot be less than the warranty on the product as a whole. If earlier it was necessary to prove to the engineer under the guarantee that the clutch is part of the machine (and beg to replace it for free), now it is directly established by law! Let the engineer try to prove the opposite.

The new version of the law also speaks more specifically about the so-called imposed services. "The seller is not entitled without the consent of the consumer to perform additional services for a fee." And if you already inadvertently paid for such services (their cost was simply included in the price of the goods), then you have the right to demand a refund of the amount paid. By the way, the obsessive service is found all the time in the form of “mandatory” anti-theft markings, anticorrosive and “improved” rubber.

The most important point of amendments to the law “On the Protection of Consumer Rights” was the new deadlines for fulfilling consumer requirements. If earlier you had to eliminate the shortage of goods in 20 days (whether it was replacing the starter or replacing the body), then now (sit down, if you are standing!) You can demand, for example, from the service station to eliminate the “warranty” defect immediately! Unless, of course, a different period is provided for by a written agreement. This promises the strongest shake-up, especially for “nashensky” branded service networks. You look, weaning how to football customers. (Although, to be honest, it is hard to believe.)

ONE IN THE STORE IS NOT A WARRIOR

So, the law has become much "stronger" than before. The consumer has gotten into his hands an even more powerful weapon in the struggle for his legal rights. One thing is depressing: besides a verbal club, he, in fact, has nothing more. What can an ordinary citizen with a battered law book in his pocket? Let's just say a little. It is worth a couple of times to “kick” this citizen, and he is ready to send the case to hell.

No one stands for our consumer. Try to win a major lawsuit in a Russian court, all the more so - to recover damages! But what about the numerous government inspections, market control services, certification services, tax inspectorates and economic crime control departments? No, they, of course, are doing something … But, frankly, they do not show real military zeal.

We are all reaping the results when, when opening a service book or car operating instructions, we come across items that directly violate the law (see ЗР, 1999, No. 2). When counters are flooded with uncertified parts from unknown manufacturers. When they try to sell us a foreign car that is not approved by Russian standards at the car dealership! When the demand to take the marriage back is met with sincere surprise in the numerous "gray" car dealerships and small parts stores.