When the rights of a citizen are violated, it is not always necessary for him to go to court. Sometimes a simple complaint is enough to solve a problem. This method is much faster and less expensive, but has its own legal features. How to make a collective complaint? What are the features of the structure and design? What is needed and what should never be written?
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What are the requirements for complaints?
In theory, the appeal can be submitted orally. At the same time, only a written complaint has the necessary legal weight. If the addressee does not respond to a verbal appeal, there is no responsibility for him (unless, of course, this is a call center where I respond just to verbal appeals).
The first and main requirement for the text is the clarity of writing the details of both the recipient and the complainant himself. All required data must be provided.
They vary depending on the situation, but any competent document will contain the names and addresses of both parties. Sometimes it is also necessary to provide phone numbers, emails, and so on.
How to file a complaint if the address or name of the recipient is unknown? This often happens if you complain about an online store that belongs to scammers. In this case, you first need to contact the internal affairs authorities (for example, the prosecutor's office has the right to demand contacts from the one who sold the domain to the deceivers).
The text of the complaint should be structured. Different documents have different formatting rules. How to correctly write a complaint without violating the structure will be described below.
The writing style of the entire text should be official business, without emotional comments. In addition, you need to write with restraint, briefly. Each extra comment that is not relevant to the case reduces the chance of a decision in your favor. It is best to try to fit into one page.
The appeal must be considered within 30 calendar days. In addition, there are some cases when the law establishes a special period for processing such a document. For example, Rospotrebnadzor is obliged to respond to the consumer within 10 days, and the prosecutor's office responds to a complaint within three days.
Design rules
Each type of complaint has its own nuances of registration, but the structure for all of them is the same:
- First of all, a “cap” is drawn up in the upper right corner. It indicates the contacts of the addressee and the complainant himself. If the recipient is a government agency, you must specify the name of the boss, and the address will be the address of his place of work.
- The next item is the title of the complaint. There is no officially established list of names, but there are unspoken rules for their compilation. The title should not be too long, but it must reflect the essence of the appeal.
- The next part is introductory. In it, the applicant must introduce himself, despite the fact that the full name is indicated in the details. After that, it is indicated to whom the complaint is being written. Here, the citizen briefly outlines the essence of what he wants to achieve with his appeal: compensation, compensation for damage, preventing the recurrence of such a situation in the future, etc.
- In the main part, the complainant describes the essence of what happened. Factual circumstances are stated. If it is necessary to emphasize the moral and psychological state of the subject, this is done using scientific terms, without excessive emotional overtones.
- In the final part of the complaint, the citizen indicates all references to legislation that protects his rights and interests.
- The penultimate point is the requirements themselves. After the word “I ask”, in a numbered list, the citizen indicates a list of what, in his opinion, the structure where the appeal was sent should take.
- The final part is the date and signature. Without them, the application will not have legal force.
There are some legal nuances and features of filing complaints that are common to all types:
An example of how to write a collective complaint can be found on our website.
What is a collective complaint and the features of its execution
A collective statement is a separate type of complaint that is used in some specific types of legal relations. Practice has proven that the authorities and large chains of stores consider a collective complaint more willingly than a single one.
How to write a collective complaint? In essence, it is not much different from a personal one, but some nuances in the design still need to be taken into account:
- Do not use the words "I" or "me" in the text. Instead of them, it is written exclusively “we” and “us”. Thus, the emphasis is placed on the fact that all participants in the collective complaint are dissatisfied with the current situation.
- The heading contains the address and full name of only one person - the contact person. The data of all other people (name and signature) are submitted on a separate signature sheet, which is attached to the complaint. A full name without a signature or a signature without a full name has no legal force.
- The response to the complaint will be sent to the contact person indicated in the header. The legislation does not provide an opportunity to demand a personal answer to each applicant.
Example of a consumer protection complaint
A prime example of a complaint is a consumer protection complaint. It is submitted to Rospotrebnadzor by a citizen or a group of citizens who have already written a complaint to the store and were refused.
According to the general pattern, a hat is first drawn up. In addition to the address and full name, the applicant also indicates a telephone number. You can also write an e-mail if you wish. Next, the data about the recipient is signed: the full name of the structure, the address of the branch.
The next item is the title. In this case, it is worth writing simply “Complaint”, since Rospotrebnadzor receives only complaints about consumer protection, so a clarification would be superfluous.
In the introductory part, the citizen introduces himself and indicates that he (or his ward, if the appeal is written by a representative on behalf of his client or a minor) purchased a product or a number of goods in a store (the name of the network or the outlet itself, address is indicated). In addition, the citizen must indicate the exact day and time of purchase (indicated on the check).
The name of the purchased item must be written in full, as it is indicated on the packaging or in the seller's online catalog. If the product has some specific characteristics (for example, a 200 ml bowl), you must also indicate them.
To confirm his purchase, a citizen refers to the number of the fiscal receipt. The document itself is attached to the complaint (either the original or a copy). Also, along with the complaint, the product itself must also be submitted, about which Rospotrebnadzor is notified in the same paragraph.
Statistical data.
In the main part, the applicant sets out the essence of the problem. For example, these might be:
- The store denied the claim.
- The store simply ignored the claim.
- Not all funds were returned.
- The seller was rude, threatened, otherwise behaved incorrectly during the processing of the complaint.
- The issue was decided not in favor of the buyer, and he does not agree with this. He can prove himself right.
Further, the buyer refers to the current legislation. In this case, it is better not to overdo it, just note articles 25-26 of the Consumer Rights Protection Law.
After the word “please,” the citizen writes down exactly what Rospotrebnadzor should assist him in. For example:
- To inspect.
- Help get the money back.
- Force the store to consider the complaint.
At the end, the date of filing the application, the surname, initials and signature of the applicant are put.
Conclusion
A complaint does not mean a plaintive text, a complaint is a legally regulated document that helps citizens protect their rights in a variety of situations. Its preparation must be approached seriously, as well as working with any document.
If a citizen is aware of his responsibility and works with a complaint in a legally competent manner, then he can count on resolving the issue in his favor.
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