Unfortunately, in our country, violation of consumer rights is not a rare occurrence. Deceived people have a logical desire to complain about the rudeness and rudeness of the seller. But how to do it correctly? Contact Rospotrebnadzor directly? This is not a very simple process, which also requires factual evidence and free time. You can leave a review about the company on the Internet. But where are the guarantees that it will be read by the recipient, the company employee responsible for the quality of services?
The easiest way to complain about an unwanted organization is to leave a written opinion in the book of reviews and suggestions.
What it is?
This is an official document of strict accountability, drawn up in accordance with legal requirements.
In it, the client has the opportunity to express his opinion on the organization of the company’s work, namely: express his dissatisfaction, leave positive feedback or make rational suggestions for improving customer service. Many clients ask the organization’s employees to issue a complaint book, forgetting that the modern name of this document is not a book of complaints at all, but a book of reviews and suggestions .
You can get detailed information about this document from the following video:
Is it better to write a complaint in the guest book, or make an official complaint?
If you just want to complain about the work of individual employees and the shortcomings of the organization so that management will react, then write in the guest book. When there are violations of your rights and their restoration is required, that is, you have some demands on the organization for damages or compensation for moral damage - write a claim. And if you want the organization to be checked for violations by control and supervisory authorities, brought to administrative responsibility, fined for violations - write a complaint to Rospotrebnadzor or other bodies under jurisdiction, judging by the signs of violations (Gospozhnadzor, FMS, Gostekhnadzor, etc.) . A list of organizations where you can complain is available here
Who is obliged to keep it?
In accordance with the legislation of our country, almost all organizations are required to have this book, namely enterprises in the service sector, trade, public catering, as well as state and municipal institutions .
Unfortunately, an offended bank client is unlikely to have the opportunity to complain about the actions of employees of a credit institution. The presence of the book in the branch is not mandatory, since in accordance with the Law “On the Protection of Consumer Rights” there is no obligation for credit institutions to have this document. But at the client’s request, the bank employee is obliged to provide the visitor with complaint forms on which he can express his opinion about the quality of service.
What is a complaint?
A complaint is a document that contains information about violations of civil rights, freedoms and interests, as well as requirements for eliminating such violations. As a rule, complaints are sent to government or public authorities that regulate certain organizations.
In most cases, the “offenders” are heads of organizations, members of government agencies, employees of companies providing services, employees of healthcare institutions, and many others.
When can I file a complaint? For example, the buyer of an apartment is faced with a failure to fulfill the obligations of a real estate agency under a purchase and sale agreement, but does not know how to hold the agency accountable. Or the patient of the clinic is dissatisfied with the inaction or unlawful action of the doctor, but does not know where to go with a complaint about inadequate medical care.
Writing a complaint is not just an act of outrage and attention-seeking. A complaint is an official appeal and has legal force. In addition, it serves a number of important purposes:
- Protection of human rights and freedoms
- Restoring justice and human interests
- Precautionary measure before a more severe level of punishment
- Expediting the consideration of a violation case by the relevant authority
- Bringing to justice those who committed an unlawful act
The form of complaint is:
- Oral
- Written
The greatest effect can be achieved, of course, in the second way. However, to register complaints, you should know the form to fill it out.
Review period
According to the law of the Republic of Belarus, a citizen has the right to file a complaint within 3 months from the date when his rights were violated. Applications submitted later will not be accepted for consideration.
A complaint can be sent not only to the governing body of the organization whose employee violated his rights, but also to higher authorities. In this case, the complaint must be filed no later than one month from the date of the incident. The law allows for circumstances in which a complaint may be filed later, but then the applicant must provide compelling arguments and evidence as to why the filing deadline was exceeded.
Under no circumstances should the complaint contain:
- Slander
- Insults
- Incorrect and profane language
- Expressions and phrases that belittle the honor and dignity of another person
Otherwise, the applicant of such a complaint may be subject to criminal liability.
Before composing the text of the letter, you should remember the main rules for writing a complaint:
- Formal business style of writing
- Lack of emotions (it is not recommended to express anger, resentment, hostility and other emotions in a letter)
- Availability of arguments and evidence (facts and arguments must be objective and relevant)
- Optimal amount of text (the complaint should not be very large and, conversely, too small with insufficient number of arguments)
- Well-thought-out requirements (in addition to the fact of infringement of rights, the application must indicate clear and specific requirements for taking appropriate measures)
- Links to legal acts (it is strongly recommended to study the reference book and use links to certain legislative documents in the text of the complaint, as this will increase the chances of achieving a result)
- No errors (after writing, check the letter several times for grammatical and punctuation errors)
Where should I register and where should it be kept?
The obligation of entrepreneurs to register a book of reviews and suggestions is not enshrined in the law.
But in order to prevent disputes with the Administration of a city or locality, namely the department for consumer rights protection and the Rospotrebnadzor Committee, it is better to check with them about the need for registration.
The legislation of our country does not provide for penalties for failure to register this document.
It is advisable to store the magazine in a visible place so that it can be provided to the visitor upon request. Some sellers prefer to store it at the checkout, and some entrepreneurs place it in a specially designed consumer corner.
If you are interested in how to write a letter of recommendation, read this article. You can view various examples of accounting entries here.
Rules and requirements for registration
The guest book must be numbered, laced and sealed with the seal of the organization and the signature of its head. This design is necessary so that individual sheets of the brochure are not torn out by salespeople or other company employees.
- The title page indicates the name of the organization, the date of establishment of the document, as well as the signature of the head.
- On the first page of the document there are instructions for filling it out.
- The second page is reserved for indicating company data: addresses, telephone numbers, full names of the manager and other officials.
- On the third page you can see information about the authorities that control the activities of the company. It indicates the addresses and telephone numbers of Rospotrebnadzor, the Administration, and the consumer rights protection department.
You can download a free sample of this document here
If the book is not completely filled out by the end of the year, it is extended for the next period, and a corresponding note is made.
A visitor to a retail outlet writes a complaint in a strictly designated place, since on the back of the page or in the adjacent column the company management puts a note about the measures taken.
Design specifics
- The way a book should be formatted is not regulated by any Law.
- The data in the book of complaints and suggestions cannot be destroyed. The book itself cannot be thrown away until all complaints and proposals made in it have been checked;
Despite the fact that the shelf life of one book is one calendar year, it cannot be thrown away until it is completely filled. So, if by December 31 of the current year the book of complaints and suggestions contains blank pages, it is automatically extended for the next year.
- Disposal of the book of complaints and suggestions is permitted only twelve months after it is completely filled out;
- For untimely provision of a book upon first request, a fine in the amount of five hundred to one thousand rubles may be imposed on the management of the organization;
- According to the Law, thirty working days are given to study the complaint and eliminate the factors described in it.
Information
If the consumer wants to be contacted after the essence of the complaint has been resolved, he must indicate in the book a contact telephone number for feedback.
Is a response necessary to a complaint?
Officials of the organization are obliged to respond to a complaint or suggestion. Within 2 days from the date of receipt, it must be reviewed, and within 5 days upon receipt of the review, a management report on the measures taken should appear in the document.
If officials are unable to take action and additional time is required for these purposes, then a note is placed in the book opposite the review to extend the period for consideration of the claim to 15 days.
It is advisable for the consumer to indicate his contact information in the text of the review: telephone number, address. If they were provided with a home address or email, then within 5 days the company must prepare and send a written response to the fact of the proceedings.
Why do you need a “Book of Reviews and Suggestions”?
Since Soviet times, the complaint book has served as a feedback tool with clients and retail and service enterprises. It was used to quickly respond to service disruptions.
Today, you can request a book of complaints from any organization or company that provides services or sells goods. It must be in a place visible to consumers, and it must be provided upon request (clause 8 of the Government of the Russian Federation of January 19, 1998 No. 55 “On approval of the Rules for the sale of certain types of goods”).
The consumer is not obliged to explain to anyone why the book is needed, nor is he obliged to present his documents to issue it. Any person who receives a particular service has the right to leave a personal opinion about the product in the book or make suggestions in order to improve the quality of service.
The administration of the enterprise must review the entry in the complaint book within two weeks and take measures to eliminate deficiencies. After this, a note must be made in the book about the consideration of the complaint, and a response must be sent to the applicant about what measures have been taken. If the buyer did not leave his address, then a note is simply made in the book about the consideration of the complaint and the measures taken.
Periodic inspections are organized by Rospotrebnadzor. The agency conducts a scheduled inspection every three years, and due to a complaint received it may organize an unscheduled inspection. During the latter, the inspector can check how the book of complaints is maintained and whether measures are being taken regarding customer complaints.
Fine for lack of document
Responsibility for the absence of this strict reporting form is provided for in Article 14.15 of the Code of Administrative Offenses of Russia. This article defines punishment for the absence of a book, as well as for unwillingness to provide it to the client upon first request.
In case of violation of the consumer's rights by issuing this magazine to him, the victim should contact the local branch of Rospotrebnadzor. And if the fact of violation is proven, then fines of up to 1,500 rubles will be imposed on an individual, up to 3,000 rubles on an official, and up to 30,000 rubles on an organization.
Refusal to issue a complaint book also results in administrative liability. The fine for an official is 1,000 rubles, and a legal entity will have to fork out a larger amount - 10,000 rubles.
Sample of filling out the first sheet of KOiP
"10" December 2021
Statement No. 16
I, Sergeev Fedor Viktorovich, want to express my indignation at the delay in delivery of the purchased INDEZIT brand washing machine for 2 days and ask:
- take measures for its speedy delivery;
-bring the perpetrators to disciplinary liability;
-provide guarantees that this will not happen again in the future, since I have been a regular customer of your store for the past three years.
If the washing machine is not delivered to me tomorrow, I will be forced to contact Rospotrebnadzor.
Enclosures: copies of the cash receipt and sales receipt.
Sergeev V.F. _ /signature/_____ 8-910-353-23-42
Address: Lipetsk, st. Politekhnicheskaya, 3, apt. 6.
Sample of filling out the reverse side of the first sheet of KOiP
"10" December 2021
Response to Statement No. 16
I, senior manager of the Dobrostroy shopping complex, Nikolai Dmitrievich Skakov, inform you that an internal check was carried out based on your application. During its course, it was established that the driver-courier of the delivery service, Nikolai Dmitrievich Viktorov, committed gross violations of the rules of operation of the Gazelle car entrusted to him. They resulted in the vehicle being unable to operate for two days. He untimely notified the head of the delivery service, Olga Dmitrievna Sudakova, about the current situation.
The following measures have been taken against the perpetrators:
-N. D. Viktorov was dismissed for a single gross violation of labor duties;
- O. D. Sudakova was reprimanded for insufficient quality control of the work of subordinate personnel.
The delivery of your INDEZIT brand washing machine is entrusted to the driver-courier Yuri Nikolaevich Evtushenko. He has been with our organization for 5 years and has no disciplinary history. I apologize for the situation that happened. I provide personal guarantees that if you purchase any product in our store during 2021, you will be given a personal discount of 10%.
Senior manager
TC "Dobrostroy" _ /signature/_____ Skakov Nikolay Dmitrievich 35-37-74
Director of TC
“Dobrostroy” _ /signature/_____ Mikhail Nikolaevich Kruglov 35-38-10
Seal
Sample of filling out the second sheet of the KOiP
"12" December 2021
Statement No. 18
I, Roman Aleksandrovich Fedonov, would like to express my gratitude to the sales consultant of the Dobrostroy shopping complex, Svetlana Ivanovna Nikiforova:
-for detailed and competent instructions on choosing wallpaper;
-for the assistance provided in choosing materials and for the polite treatment.
Fedonov R. A. _ /signature/_____ 8-904-691-74-38
Address: Lipetsk, st. 4th Pyatiletka, 7, apt. 82.
Sample of filling out the reverse side of the second sheet of KOiP
"13" December 2021
Response to Statement No. 18
I, senior manager of the Dobrostroy shopping complex, Nikolai Dmitrievich Skakov, inform you that in accordance with your statement dated December 12, 2021, S.I. Nikiforova, sales consultant of the Dobrostroy shopping complex, has been thanked and entered into her personal file. . We are glad that you showed an attentive attitude towards the work of our employees and hope for a long-term partnership.
Senior manager
TC "Dobrostroy" _ /signature/_____ Skakov Nikolay Dmitrievich 35-37-74
Director of TC
“Dobrostroy” _ /signature/_____ Mikhail Nikolaevich Kruglov 35-38-10
Seal
Penalty for not having a book of reviews and suggestions
Responsibility for the absence of KOiP at the consumer corner stand is provided for in Article 14.15 of Federal Law No. 195-FZ of December 30, 2001 “Code of the Russian Federation on Administrative Offenses” (as amended on December 27, 2018). Individual entrepreneurs may be given a warning or an administrative fine of 300 to 1,500 rubles. Officials of trade enterprises and organizations that did not ensure the presence of KOiP at the stand will be required to pay from 1,000 to 3,000 rubles. The trading enterprise will suffer damage in the amount of 10,000 to 30,000 rubles.
The absence of KOiP at the consumer corner stand is a gross administrative offense. It is the result of antisocial, illegal and guilty action or inaction of company employees. An administrative fine may be imposed during an inspection by any regulatory authority or police. It must be paid out of court.
