Moskvich sued laboratory for failed DNA research

The specialists were unable to provide the service twice

A Muscovite lost more than 26 thousand rubles to a laboratory that twice failed to extract DNA from his saliva. When the man’s patience ran out, he decided to terminate the contract and demanded a refund, but the company refused. The Tagansky District Magistrate’s Court came to the client’s aid.

As MK found out, in March last year, a resident of the capital Dmitry (name changed) decided to take a DNA test. He chose a laboratory and entered into an agreement with it, according to which the company agreed to provide him with a “genetic passport.” The service cost the man 8,500 rubles. Company employees gave the client a kit so that he could collect saliva at home. After successful collection, the courier picked up the biomaterial and took it to the laboratory.

Dmitry was looking forward to the results of the research. But after 1.5 months, a response came from the company that the saliva did not pass quality control, and it was not possible to conduct a genetic study. The man was offered to donate the biomaterial again. That’s what he did – at the end of May, the saliva sample was again sent by courier to the laboratory.

Ten days later, the client learned that the material again failed quality control. Dmitry decided to end his relationship with this company and look for other service providers. He sent an application to terminate the contract and return the money, because the service was never provided. The laboratory refused him, citing the fact that they also incurred costs as part of the provision of the service – 13,500 rubles. Since this amount exceeds the amount paid by the man, the organization decided that they were even.

However, Dmitry did not agree with this ending and went to court. In court, the defendant insisted that the company performed the service in full and even invested its own funds. However, the court came to the conclusion that in this conflict the law “On the Protection of Consumer Rights” is on the client’s side. Article 29 provides that the consumer has the right to refuse to fulfill the contract if he discovers significant deficiencies in the service provided or other significant deviations from the terms of the contract. Therefore, Dmitry can legally count on a refund. And since the laboratory refused to comply with his demands voluntarily, the amount of compensation could be significantly increased.

The judge decided to partially satisfy the client’s claims. The laboratory was ordered to pay Dmitry a total of more than 26 thousand rubles. This amount includes the cost of the service (8,500 rubles), a penalty (8,500 rubles), compensation for moral damage (500 rubles) and a fine (8,750 rubles).