A resident of Zelenograd sued almost 2 million rubles for an “overdue” kitchen

A resident of Zelenograd sued almost 2 million rubles for an "overdue" kitchen

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He won a lawsuit against the company, because of which he was left without a headset

Almost 1 million 800 thousand rubles were sued by a resident of Zelenograd from an unscrupulous kitchen manufacturer who did not deliver the prepaid set on time. The court sided with the buyer, who could not live in the apartment due to the lack of furniture there.

As MK managed to find out, in August 2020 Ruslan (data changed) entered into an agreement with a carpentry company for the manufacture of kitchen furniture for an apartment in a cottage village. As an advance payment, the man contributed 450 thousand rubles. The contract stipulated that the seller undertakes to transfer the goods to the buyer in 40 days. However, this did not happen on time, and the family was left without a kitchen.

After unsuccessfully waiting for the kitchen for about a month, Ruslan sent a pre-trial claim to the company, stating that he was terminating the contract and waiting for his money back. There was no answer. Then the man filed a lawsuit with the Zelenograd court.

The judge concluded that the selling company had violated the Consumer Protection Act. In the event that the company did not bring the paid furniture on time, its representative was obliged, at the request of the buyer, to either set a new delivery date or return the money. In addition, the consumer has the right to demand full compensation for losses caused to him due to non-fulfillment of the contract. What Ruslan did.

As a result, the judge awarded the client an amount four times higher than the amount of the prepayment – namely, 1 million 791 thousand 937 rubles. This amount includes the return of payment for untransferred goods (450,000 rubles), a penalty (penalty) for the delay in the transfer of goods (450,000 rubles), interest for using other people’s money (24,775 rubles), compensation for moral damage (30,000 rubles), a fine for non-compliance with the voluntary satisfaction of the legal requirements of the consumer (579387 rubles). In addition, the company is obliged to pay the consumer’s legal costs (53,775 rubles) and indemnify losses for 204,000 rubles. With regard to the losses incurred, the plaintiff requested compensation for the payment of housing and services for the apartment, since he and his family could not live in the premises due to the lack of a kitchen in it. The man provided paid bills for the maintenance of property, which he could not use for its intended purpose.

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