Publication date: 05.06.2024
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Violation of consumer rights
A consumer is a natural or legal person who purchases, orders, uses or intends to purchase or order goods (services, works) for personal, family, home or other needs not related to the implementation of business activities. In other words, consumers are the end users of products and services
Basic consumer rights usually include:
- to receive goods and services of appropriate quality;
- use goods and services that do not pose a danger to life and health;
- to receive reliable and complete information about goods and services;
- to be able to choose goods and services from various options.
- to contact the relevant authorities or organizations in case of violation of rights.
Article 21 of the Law of Ukraine "On the Protection of Consumer Rights" defines specific cases when consumer rights are considered violated. This provision is important to ensure fair conditions of interaction between consumers and sellers or service providers. Here is an analysis of each point in this article:
The consumer should be able to choose from a diverse range of goods or services without any restrictions or coercion from the seller.
Violation of the consumer's freedom of expression:
The consumer has the right to independently make decisions about the purchase of goods or services, without pressure or manipulation from the seller or manufacturer.Imposing conditions for receiving the service:
If the consumer cannot refuse a certain service and can only receive it from one provider, the conditions for obtaining this service must not be discriminatory or unfair to the consumer.
Violation of the principle of equality of the parties to the contract:
In a contract between a consumer and a seller or service provider, both parties must have equal rights and obligations. Any violation of this principle is illegal.
Limitation of the right to receive information:
The consumer has the right to receive all the necessary, available, reliable and timely information about the products. Any limitation of this right is a violation.
Sale of dangerous and low-quality products:
The sale of goods that may be dangerous to the health or life of the consumer, do not meet quality standards or are counterfeit is prohibited.
Incorrect definition of product price:
The price of a product or service must be determined transparently and fairly. Any manipulation of pricing is a violation of consumer rights.
Failure to submit documents confirming the performance of the contract:
The consumer has the right to receive all the necessary documents that confirm the fulfillment of the terms of the contract (receipts, warranty cards, contracts, etc.). Late submission of these documents is a violation.
These provisions are intended to protect consumers from any form of unfair practices by sellers and service providers. If the consumer's rights are violated under any of these points, he has the right to apply to the relevant consumer protection authorities or to the court to protect his interests.
Actions of the consumer in case of violation of his rights
If the consumer faces a violation of his rights, he can take the following measures:
Addressing the seller or manufacturer:
Send a written complaint with a demand to eliminate the violation, replace the product or return the money.
Appeal to consumer rights protection bodies:
Submit a complaint to the relevant state bodies or consumer organizations that deal with the protection of consumer rights.
Legal protection:
Consumers can go to court to protect their rights if they are violated. This provision ensures that consumers have access to judicial protection and can challenge violations of their rights in court. When satisfying the consumer's demands, the court also considers the issue of compensation for moral damage. Moral damage includes the suffering that the consumer suffered as a result of the violation of his rights (for example, psychological discomfort, distress, damage to reputation, etc.).
Media involvement:
Report violations through mass media to attract the attention of the public and relevant authorities.
It is important to know your rights and be ready to protect them. In most countries, as well as in Ukraine, there is legislation that provides mechanisms for the protection of consumer rights and responsibility for their violation.
Liability for violation of legislation on the protection of consumer rights involves various forms of sanctions that may be applied to violators. These sanctions can be both administrative and criminal, and also include compensation for damages to consumers.
In general, consumer protection legislation is aimed at ensuring the safety and well-being of consumers, as well as at encouraging responsible and honest activities. The assistance of a lawyer is extremely important for the protection of consumer rights, especially in cases where the consumer believes that his rights have been violated as a result of a purchase. goods or service provision.
Individual information searching in open-data regarding the violation of consumer rights is a process where consumers, organizations or other interested persons carry out an analysis of available public data in order to identify facts of violation of consumer rights. Such verification may include analysis of information published by government agencies, public organizations, mass media or other sources.
