Muscovite sued the store for the sale of a sofa with a dubious biography
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His “Italian roots” turned out to be fake
More than 300,000 rubles were sued by a resident of Moscow from a store that “attributed” imported origin to the sofa being sold. The client was sure that he was buying a piece of furniture from Italy, and after making an advance payment, he found out that he was “born” from the Moscow region. The seller refused to return the advance – now, according to a court decision, he will have to pay three times more.
As MK found out, the lawsuit against the furniture store on consumer protection was considered by the Zelenogradsky District Court. Muscovite Mikhail (name changed) was looking for a new sofa in his home. His choice fell on the Enzo model in an Italian furniture store. The cost of the sofa was almost 210 thousand rubles. The buyer was assured that the sofa comes from sunny Italy, which justifies its high price. This convinced the client, and he concluded a contract of sale and paid an advance payment of 105,000 rubles.
However, later Mikhail decided to check the authenticity of the information. He managed to find out that the declared supplier of furniture on the Apennine Peninsula does not exist. In fact, a sofa with a beautiful name is made at a factory in the Moscow region. The man asked the seller for documents confirming the origin of the goods. However, the entrepreneur did not provide them. Moreover, when the customer demanded his advance payment back, the store refused to do so. Then Mikhail turned to Rospotrebnadzor and to the court.
The judge sided with the plaintiff. According to the Law “On Protection of Consumer Rights”, the buyer has the right to demand, and the seller is obliged to provide reliable information about the product in a timely manner. The store did not do this, which means that it deprived the client of the opportunity to make the right choice. In addition, the entrepreneur did not have a declaration on the conformity of the goods with safety requirements.
The court is obliged to pay the store owner a total of almost 325,000 rubles to the buyer. This amount includes an advance payment (105,000 rubles), the same amount of a penalty and a fine for refusing to return the money on a voluntary basis. The company will also pay Mikhail compensation for non-pecuniary damage – 10,000 rubles.
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