Home/Trade/Lack of a book of complaints and suggestions
In Soviet times, a book of complaints and suggestions was a mandatory attribute of all organizations in the trade and service sector. Now the situation has changed somewhat, but the document where visitors enter their reviews is still relevant. Only now it is called a book of reviews and suggestions. However, this softening of the wording does not change the function of the document.
The legislative framework
The Civil Code does not directly mention the book of complaints and suggestions. However, Art. 730, dedicated to household contracts, contains references to other standards at different hierarchical levels.
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Attention
The law protecting consumer rights does not contain information about such a document. Since the function of the complaint book is to protect consumer rights, it would be logical to assume that information about such a document will be contained in Chapter 4, dedicated to the state and public protection of these rights. However, this chapter does not contain information about this document.
Article 46, which protects the rights of unidentified persons, reflects only issues of defense in court. Finally, Art. 39.1 refers everyone who consumes, sells and provides services to the regulations of the Russian Government. A number of such documents, including Russian Government Decree No. 55, actually contain wording about the need to have a book with records of reviews, complaints and suggestions.
Where should the complaint book be located?
The standards regulating the process of providing services of appropriate quality oblige the complaint book to be placed in a place where the consumer could exercise his right without difficulty. In particular, Decree of the Government of the Russian Federation No. 55 in Section I. General provisions, paragraph 8 obliges the seller to have a book of reviews and provide it upon the buyer’s first request, therefore the exact location of this document is determined independently.
In each institution providing services, this problem of arranging the book of complaints and suggestions has several solutions. Someone hangs a notebook in a visible place, also attaching a fountain pen to it. Most often, such a place is a wall, cabinet or display case located next to the cash register or security post.
Additional Information
Sometimes service providers resort to cunning and hide the book in places inaccessible to the consumer. However, at the same time, an announcement is posted that the book of reviews and suggestions can be requested from the seller (waiter, consultant, administrator, etc.). This is done in order to avoid hooliganism related to theft. In addition, if the book is not available to consumers without a special request, then there will be fewer negative entries in it.
How to properly prepare a complaint book (sample)
books of reviews and suggestions for free in word format
There are certain requirements for maintaining a complaint book, which are regulated by law. Failure to comply with these standards is a violation for which you may be subject to administrative penalties.
If a document is missing, the consumer can file a complaint with Rospotrebnadzor. As a result of considering the complaint, supervisory authorities visit to verify the violations.
If there are any, these bodies put forward demands to eliminate violations.
ATTENTION! Look at the completed sample book of reviews and suggestions:
books of reviews and suggestions for free in word format
Sew the book using an awl and cord. As a lace, you can use a thick thread or a thin one, folded several times.
The next condition for maintaining a document is page numbering. The seal must be placed on the reverse side of the last numbered page (the number of laced pages is indicated in words, the signature of the manager or individual entrepreneur and the seal, if any, are affixed).
The title page of the “Book of Complaints and Suggestions” is formatted as follows:
- the name of the document is written down,
- Name of the organization,
- registration documents are listed,
- the date of publication of the book is indicated,
- a stamp is placed (if available),
- the document is signed by the manager.
Attention! The photo shows how the first page of the book of reviews and suggestions in an operating store is filled out, where and how the seal and signature of the manager is affixed, where it is stitched and with what thread.
There is also a certain order for the following pages:
- The regulations for registering a book of complaints are placed on the first page. Here you can find the terms and conditions for providing the book to the client. In some cases, these records span several pages,
- the next page contains information about the organization, its address (actual and legal), contact information (telephone number, email address, fax), as well as other information,
- on the third page they contain information about government bodies that control the work and provision of services to consumers,
- All subsequent pages are devoted to customer reviews and wishes. Important! The consumer has the right not to leave his contact information in a special line,
- on the reverse side of the pages with records left by consumers, information about the decisions and actions of the administration in response to complaints and wishes of customers is entered. The administration is obliged to respond to the client’s entry and indicate what was done in response, even if the complaints were unfounded,
- If the book has not been filled out completely during the year, it can be continued next year. But this fact should be noted.
Look! The photo shows the last page of a book from the same store, and also shows how the book is stitched, how the ends of the threads are sealed and sealed with the seal of the organization so that pages cannot be removed from the book. The total number of pages in the entire book is indicated.
Why is it needed?
The notebook, in which service consumers make a variety of entries, is not reflected in laws at the federal level, because this form of recording and storing information does not have legal force. In order to consider a particular recording as evidence, it is necessary to involve as witnesses those people who are the authors of the recordings. In addition, in some circumstances, testimony may be required from witnesses who saw the note being made. Finally, in special cases, handwriting examination is possible.
For your information
The requirements for the mandatory availability of such a book are contained in departmental regulations, because this document is intended to control the work of personnel by management of various ranks.
Most often, this document is in demand during various inspections by competent authorities and persons. However, the administration of a given trade or service establishment can use records to monitor the work of personnel and form an opinion about a particular employee.
What are the requirements for a book of reviews and suggestions?
The lack of clear requirements in the design and content of the document under the code name “complaint book” in the latest generation of standards is compensated by detailed instructions in the rules and instructions of the Soviet period. Since no one has canceled them, each head of the relevant institution has the right to take these standards as a basis.
Additional Information
In order for the book to take on the appearance of a document, you need to take a general notebook and number all its pages. Then the notebook must be laced and a stamp must be placed on the lace.
In the notebook itself, on the first page, the details of the manager and other contact persons who could be contacted in special situations should be indicated.
Service consumers can make entries from the second page of the notebook. In order for these records to fulfill their purpose, you can include instructions for filling out in the document. It is important for the administration that reviews are not anonymous, so it is necessary to ask consumers to provide their details and phone number.
IMPORTANT
The size, shape and color of the notebook do not matter. However, it is better to give it the strict appearance of an official document.
Rules for maintaining and storing the guest book
There are certain requirements for the design of the title page of a guest book.
The following data is recorded on this page:
- name of company,
- document start date,
- Document Number,
- information about the director of the organization,
- director's signature.
Design of the back of the book:
- information about control and supervision bodies,
- number of pages in the book.
Typically, the first page of the document offers a sample of how to fill out the book. If the client makes any entry, he must put the date.
If a client complains about a specific person or wants to express gratitude, it is necessary to indicate the personal data of this person, namely his last name, first name, patronymic and position.
When the entry is made, the client must leave information about himself, a telephone number or other coordinates at which he can be contacted in order to provide explanations on the results of consideration of his complaint. The client must put his signature on the entry made.
Note! The book of reviews and suggestions should be accessible to customers.
In some cases, the administration may order the book to be removed from a public place for the purpose of its preservation. But upon first request, it must be presented to the consumer.
No one has the right to demand that the client present identification documents. To make an entry in the book, the consumer does not have to show his document.
Employees of a company or organization do not have the right to refuse to issue a book. No reasons for refusal can be taken into account. Supervisory and control authorities, as well as consumers, do not have the right to take away the book to make a copy of it.
The document must be in the organization that owns it. The responsibilities of supervisory authorities include regularly checking the correctness of filling out the document (once every three months).
Responsibility for absence
Usually, the absence of a book of complaints and suggestions is a misdemeanor, which may result in disciplinary and administrative punishment.
Attention
This type of liability is provided for in Article 14.15 of the Code of Administrative Offenses of the Russian Federation “On Administrative Offences”. For failure to comply with the requirements to have a complaint book correctly completed and accessible to clients, individuals must pay a fine in the amount of 300 to 1,500 rubles, officials - from 1,500 to 3,000, legal entities - from 10,000 to 30,000 rubles.
Is it always necessary to give a response to an entry in the complaint book?
According to the law, the complainant has the right to receive a response to his complaint within 5 days. If the specified time is not enough to give a complete answer, the period may be increased to 15 days, but no more.
The decision made on the complaint is recorded in the book. The applicant can also receive a response by telephone or in writing.
The person or organization in respect of which the entry was made is obliged to give a response in the “Book of Reviews and Suggestions.” Although the IP or GP will not be held liable for the absence of such a record.
Deadline for responding to a written complaint under the consumer protection law.
Read how to file a complaint against Russian Post here.
What are the requirements and standards for filling out the book of complaints and suggestions, read the link: https://novocom.org/torgovlya/pravila-torgovli-torgovlya/kak-proshit-knigu-zhalob-i-predlozhenij.html
Actions in case of refusal to provide a complaint book
First of all, you need to understand the staff's reasoning and assess the situation. If the employees of the institution refer to the fact that they are not obliged to have such a book, then this may be so. In this case, you should request to provide the contact details of the owner or manager. If this request is denied, then further actions depend on what exactly happened.
If you cannot complain to the head of the institution, you can contact:
- branch of Rospotrebnadzor of this territorial subordination;
- Society for the Protection of Consumer Rights (here they will help at least with advice);
- municipal authorities;
- prosecutor's office
Please note:
Appeals can be oral or written, face-to-face or online. It all depends on the purpose of the complaint and the rules of the organization you are contacting.
A complaint about the lack of a book of complaints and suggestions is written in free form. However, this does not mean that the general rules for contacting official authorities should be ignored. Such a statement must contain:
- exact name of the institution;
- all information about the author of the complaint;
- under the heading "statement" the essence of the appeal is stated with an exact statement of names and facts;
- The text is signed and dated.
Additional information
The application can be sent by mail with notification, during a personal visit to the institution, or on the Internet when filling out forms on the organization’s website. If you submit the application yourself, then you need to provide a second copy, on which a representative of the organization must sign and date it.
Inspection bodies
If a dispute arises between the store seller and the buyer, or the latter is dissatisfied with the quality of service, the consumer has the right to leave feedback in the suggestion notebook.
If the violation of interests brought unexpected expenses to the buyer, then the visitor has grounds to demand compensation for losses. Recording of such a complaint is also provided for in the feedback journal. The client of the institution can contact Rospotrebnadzor or other organizations based on the factors of the violation to satisfy the legal requirement for compensation.
Complaint to Rospotrebnadzor
The organization protects consumer rights at the state level. If a person believes that he was poorly served or sold a product that did not meet the conditions of sale, he can file an appeal to Rospotrebnadzor. A correctly completed application will speed up the proceedings and provide a qualified author of the claim. Incorrectly compiled documents will not be accepted for consideration.
Applications that contain the following information are allowed for registration:
- the name of the body to which the appeal is made;
- legal address of its location;
- full name of the applicant;
- contact phone number;
- citizen's home address;
- listing the factors that led to the filing of the appeal;
- indication of the date of purchase;
- surname of the seller, product range;
- buyer's requirement;
- date of application;
- addressee's signature.
It is advisable to supplement the application with documents confirming the client’s case.
Lack of a book of complaints and suggestions in the store
This situation is extremely rare, especially if the store is part of a large chain of retail outlets. As a rule, this document may not be available in small retail outlets owned by one owner. This may also be due to the location of the outlet in a rural area or on the outskirts of the city, where everyone knows each other. Due to the fact that conflict situations are resolved informally, the store owner is not very concerned about observing generally accepted rules in the relationship between the seller and the buyer.
Attention
The availability of the book in stores is regulated by a non-cancellable instruction approved by Order No. 346 dated September 28, 1973. This is an instruction devoted to all the intricacies of maintaining a book of complaints and suggestions in retail trade and public catering.
An individual entrepreneur who has opened a small store in our time may not be aware of the need to contain such a book. However, ignorance of the laws does not exempt you from the need to comply with them.
Lack of complaints book in the bank
As a rule, banks do not have complaint books. Moreover, they were not there during Soviet times. The fact is that there is a resolution of the Plenum of the Supreme Court No. 17, which does not classify banking services as household services. This resolution frees banks from the need to have a complaint book.
Additional Information
However, such a practice actually exists among them. Simply, all complaints and claims are submitted in the form of a simple written application directly to the bank or on the website in the appropriate section. In this case, the bank management is obliged to respond to any application within a certain time frame.
Lack of complaints book in the restaurant
All catering establishments are required to have a book of reviews and suggestions. This rule is contained in clause 8 of the Rules governing the provision of services in such establishments (08/15/1997).
In addition, paragraph 1 of the 1973 Instruction obliges all public catering establishments to maintain a complaint book of the established form, and paragraph 6 of this Instruction obliges the restaurant administration to provide all conditions for unimpeded access to customers in this book.
So, the absence of such a book in a restaurant is grounds for taking strict disciplinary and administrative measures.
Document preparation
Currently, the registration of the book of reviews and suggestions is carried out in accordance with the rules specified in Order No. 346 of the USSR Ministry of Trade dated September 28, 1973. It establishes the following requirements for this document:
- The pages of this book must be numbered and bound . In order to prevent the removal of sheets from it, the book must also contain the official seal of the enterprise, made of sealing wax, and the signature of its boss;
- The title page of the book must contain the name of the enterprise, the signature of the boss and the start date of maintaining the book;
- The first page should contain instructions for completing the book;
- The second page details the contact details of the company and its management team;
- The third page is reserved for indicating the telephone numbers of regulatory organizations , to which the client has the right to contact to protect his rights.
A book and pen for making entries that cannot be erased must be in a place accessible to any visitor.
Lack of a book of complaints and suggestions in the office
The need to have a book of complaints and suggestions in the office depends on the specifics of the activities carried out by the organization. If this activity falls under the scope of the 1973 Instructions, then a complaint book must be present.
However, the concept of “office” usually does not apply to trade and catering organizations. For this reason, the need to have a complaint book is determined primarily by departmental instructions. So, in response to a request to provide a complaint book, a client of this institution may receive a well-founded refusal.
How to write a review?
When writing a complaint in the book of comments and suggestions, the buyer must be guided by the following rules :
- The author of the review must indicate his full name and contact details ;
- You should also indicate the date the complaint was written and its time;
- If the reason for filing a complaint was the actions of a company employee , then his full name must be indicated;
- It is necessary to describe in detail the current situation and, if necessary, indicate legislative acts confirming the client’s correctness;
- At the end of the complaint you must sign .
The client can also indicate his requirements or suggestions for solving the problem.
It should be noted that both negative and positive reviews can be entered into the journal, as well as notes expressing gratitude for the services provided.
Nuances
The effectiveness of your entry in the complaint book depends on what goal you are pursuing and how competently you are able to express your thoughts. If you want adequate action to be taken, state facts, not emotions. Be sure to describe all the features of the product or the nature of the service. Give the names of the people who served you (if you can find them), and most importantly, indicate all your coordinates. Then the administration will be obliged to give an official response. And if you present not only names and facts, but also provide links to standards, then the chances of achieving what you want increase significantly.
Additional Information
If you want to throw out your emotions, then a plaintive book will endure everything. However, the result may be the opposite of what was expected.
In any case, your message will be read and action may be taken. So the effectiveness of this connection between the client and the performer is never zero.
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