Sample responses to complaints. Sample response to a citizen's complaint

Internal information is disseminated using special information and reference documents, one type of which is a memorandum. It is addressed to people holding higher positions in order to inform them of certain facts in order to encourage them to make a certain decision.

Examples of memos:

- violation of labor discipline (absenteeism) - failure to fulfill official duties - unacceptable behavior of an employee

A memorandum as an internal document has certain principles of drafting, depending on its purpose. We will reveal exactly how reports should be drawn up in certain work situations.

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List of sample responses to a complaint

ATTENTION! View the completed sample response to a parental complaint:

You can DOWNLOAD sample responses to a complaint using the links below:

1. Response to a complaint (standard letter)
2. Response to a complaint at a medical institution
3. Response to parents' complaint
4. Response to a complaint to the FAS
5. Response to customer complaint
6. Response to a complaint about employee misconduct
7. Response to a complaint in the book of complaints and suggestions

Appeal in court

Complaints in court are a very broad topic. Among all, it is worth highlighting claims in accordance with the Code of Administrative Offenses of the Russian Federation (a complaint against a decision in a case of an administrative offense), with the CAS of the Russian Federation, as well as appeal, cassation, supervisory and private complaints in civil, arbitration and criminal proceedings.

All these complaints have one thing in common - the court gives the answer to them. Other parties to the case can only provide feedback on them. For example, a response to an appeal in a civil case will be called an objection or response.

The content and form of these complaints, reviews and judicial acts on them are provided for by the relevant legislative act (Administrative Code of the Russian Federation, CAS RF, Civil Procedure Code of the Russian Federation, Arbitration Procedure Code of the Russian Federation, Code of Criminal Procedure of the Russian Federation).

How to write a letter correctly

Each response to a claim must contain certain information:

• Name of the organization or full name of the individual entrepreneur who is the addressee of the appeal, as well as contact information,
• Information about the person who filed the complaint (full name, address),
• Addressing your opponent. The usual greeting phrase is “Dear ... (full name)!”
• Confirmation of receipt of the claim. It may look like the following phrase: “Your claim on (date) has been reviewed”
• Narration of the course of events that took place. It is necessary to tell the essence of the difficulties faced by the counterparty. This is necessary for several reasons - this way the narrative will be clear, and from the text of the response to the complaint it will become clear why such actions were carried out,
• A list of measures taken to eliminate the cause of the claim or previously planned,
• The result of the complaint consideration. If it is justified, the applicant must be offered a way to resolve disagreements. Requirements may be satisfied in full or only in part. The correct course of action would be to apologize and express hope that the applicant will continue to cooperate. You can offer the victim some compensation for the harm caused to him, for example, discounts, bonus cards or other preferences,
• If the fact of a violation has not been confirmed, the applicant should be informed about this, demonstrating the reasons for the refusal and references to regulations,
• If documents are attached to the answer, you need to indicate in the text which documents,
• Information about the subject who signs the document (position, full name),
• Date of preparation of the response to the claim,
• Signature of the manager or other person who is authorized to review claims,
• If the response is made on behalf of an organization, it must be stamped.

It is worth noting that without receiving satisfaction of his claim, the applicant can complain to institutions that are authorized to monitor the activities of organizations (Rospotrebnadzor, supervisory institutions, etc.). In addition, legal proceedings may be initiated.

It is also possible that the case will receive resonance in the media, which is not conducive to the growth of business reputation. Therefore, when preparing a response to unfounded claims, you need to carefully analyze the reasons for refusing to satisfy the complaint and support your opinion with references to regulations, agreements and other documents.

Sending a response to the applicant

Notification of the inspection and its results must be sent to the initiator of the application. According to the requirements of current legislation, an official response is sent to the applicant in several ways:

1. By mail, to the address indicated in the complaint.
2. By email, if information about it is indicated in the request.

Personal delivery of a response to a person is not established by regulatory legal acts, although this is not prohibited.

If the content of the complaint and the results of its consideration affect the interests of an indefinite number of people, then the response can be posted on the official website of the body that conducted the inspection. It must be taken into account that the disclosure of information that concerns the personal life of a citizen is not allowed without his consent.

Source of the article: https://pravograjdan.ru/zhaloby/otvet/

Legislative basis

The right to file a claim is guaranteed by Article 33 of the Constitution of the Russian Federation. The review mechanism is established by Federal Law dated May 2, 2006 N 59-FZ. The Criminal Code regulates in Article 128.1 the liability of the applicant who filed a complaint.

The applicant can apply no later than three months from the time of receipt of information about the violation of rights or within a month in the event of failure by the official to comply with the citizen’s demands.

In addition, the claim must not contain slander, offensive attacks or derogatory sentences against the person about whom the applicant is complaining.

Is it possible to file a claim without a claim?

Complaints procedure

The initiator must send the completed application to the authorized official body, which will subsequently conduct the proceedings. The received appeal must be recorded in a special accounting form, book or journal. It is assigned a registration number. Fixation must occur within three days from the date of admission. This period includes both weekdays and weekends.

The specialist who receives the complaint is obliged to carefully study its content; the text must not contain abbreviations, errors or inaccuracies. It is necessary to check the correctness of the applicant's information. The appeal must be drawn up in Russian, without the use of foreign symbols and designations. Also, the text should not contain profanity or expressions that degrade the honor and dignity of people.

After registration, the appeal is transferred for execution to an official whose competence includes consideration of complaints.

Main types of requests

Modern legislation allows you to send different types of appeals. Regardless of their type, the regulatory framework requires an answer to them within a specified time period.

There are the following main types of requests:

Watch the video. How to properly respond to complaint letters:

What to do when receiving a complaint from a citizen

A claim is one of the types of requests by individuals for protection or restoration of their violated rights. This is a pre-trial method of resolving disputes.

The mechanism of action in the event of any appeal, in particular a claim, depends on the type of this document. It can be judicial (private, appeal and cassation), submitted to government agencies, or to the organization that provided the service or sold the product.

We should talk separately about the latter type of claims. If an organization or individual entrepreneur receives an application from a person who is dissatisfied with the quality of services or goods, they must be guided by the norms of civil law.

Important! The mechanism of action when a claim arises can be presented as follows:

• The first step is to review the information in the claim. If necessary, you need to contact the applicant and clarify the circumstances and requirements described in the complaint. In addition, it may be necessary to survey employees,
• The second step is to research the facts and order an examination. In certain situations, a professional assessment of the validity of the claims made in the complaint may be necessary. In other words, if the applicant complains about the defects of the purchased product, the expert will be able to determine when it was broken,
• The third step is making a decision based on the analysis of the appeal. If the applicant's claim is justified, measures must be taken to resolve the conflict. The violated right must be restored, that is, the goods of poor quality must be taken back, the money must be returned, quality services provided, etc. If there are no objective grounds for satisfying the complaint, it must be properly appealed,
• The fourth step is to draft a response to the complaint and send it to the complainant.

It is necessary to focus on an important aspect of the analysis of customer requests, which is often ignored. You should not try to ignore requests, no matter in what form they are sent.

Any consumer complaint, including one recorded in the complaint book, must be given a documented response.

Among the authors of complaints, sometimes there are provocateurs who deliberately initiate a conflict with employees, after which they file a complaint. Such activities may be initiated by a competing company. In addition, appeals often come from scandalous citizens who take pleasure in humiliating other citizens. Therefore, incoming claims must be considered carefully.

What is a complaint?

How to write a response to a proposal to eliminate the causes and conditions that contributed, read here.

How to write a response to a submission to eliminate identified violations, read the link: https://novocom.org/dokumenty/otvety-na-obrashheniya/obrazec-otveta-na-predstavlenie-ob-ustranenii-vyyavlennyx-narushenij.html

The concept of an unfounded complaint

Since filing a complaint is currently the best option to resolve the conflict that has arisen, citizens quite often turn to this method.

But before submitting such an appeal, you need to understand that all the grounds and accusations indicated in the text may be considered slander.

If it turns out that the complaint is unfounded and was filed with the aim of worsening the reputation, then this fact will be prosecuted by law.

What it is

Every citizen has the right to file complaints against organizations that provide any services to citizens. If a person has been harmed, he or she can contact the appropriate authority to resolve the problem.

As practice shows, not all appeals from citizens are considered justified. Most of the applicants are legally ignorant and do not know the powers of some authorities, so their accusations are considered erroneous.

If the applicant does not justify the reason for filing the complaint and does not provide relevant evidence, then it will be considered unfounded.

The most common complaints:

• on a neighbor;
• for a preschool teacher;
• on the actions of the judge.

A complaint is considered unfounded in some cases:

1. The reasons for filing are unfounded and there is no evidence.
2. The text contains an incorrect reason. For example, an applicant claims slow service when this is not due to the negligence of an employee.
3. The text contains deliberately false information, which is indicated in order to worsen the employee’s reputation.

Slander and denunciation

A complaint that was sent to one of the government agencies is not a documentary fact confirming the commission of illegal actions. The data contained in the appeal must be carefully studied.

As an example, we can take a complaint filed by a patient addressed to the chief physician that the services provided were of poor quality. The appeal must contain the essence of the problem, information about the specialist (name and position). As soon as the doctor who violated the patient’s rights receives the claim and gets acquainted with it, he must write an explanatory note.

You can try to stop filing unfounded complaints without resorting to serious methods; first, it is better to talk to the complainant to find out his intentions.

To the judge

Citizens have the right to file a complaint against a judge in accordance with the Civil Procedure Code if his actions are illegal. The appeal must be justified and supported by relevant evidence.

All reasons are individual, it can be either personal hostility towards the judge, or a serious violation of his duties.

If the text of the appeal contains false information that worsens the reputation of the judge, then he has the right to file a claim for slander.

In this case, the consequences for the violator will be dire, and he may be prosecuted in accordance with Article No. 128.1 of the Criminal Code of the Russian Federation.

For a doctor

Complaints against doctors are filed quite often, and the reasons can be completely different, from the rudeness of specialists to an erroneous diagnosis. Not many patients are aware of the responsibilities of doctors and often make false accusations.

If the appeal is not justified, but was submitted due to the applicant’s ignorance, then the hospital management must send an appropriate response. If it turns out that the patient's accusations were deliberate slander, then he may be subject to criminal liability.

If the applicant has filed a complaint that contains unfounded accusations, this may be due to his insufficient legal knowledge or deliberate slander. The recipient must provide a response in printed or electronic form to any basis on which the applicant relied when submitting the appeal.

The answer must meet the following requirements:

• polite attitude towards the applicant;
• indication of the details of the person who is sending the response;
• indicate a justified reason for the refusal with references to legislative norms;
• indicate the legal norms that are responsible for libel (optional);
• The date of compilation of the appeal and the signature of the author are affixed.

In some cases, it is required to provide contact information for the person who violated the complainant's rights. For example, a complaint was filed with a hardware store that sold a low-quality product to a customer, but after an inspection it turned out that the transport company was to blame.

If the buyer himself was to blame for the damage to the product when he violated the operating conditions, then this fact must be confirmed by an appropriate examination. The applicant has the right to be present at the inspection, as well as to appeal its result in court.

If the conflict cannot be resolved peacefully, then you need to go to court. The informer has the right to recover compensation from the defendant for moral damage caused by slander. The claim is supported by documentary evidence and is submitted to the authority at the place of residence of the applicant.

The Criminal Code of the Russian Federation provides for liability for libel, which discredits a person’s reputation. If a citizen has committed a false denunciation, then the following penalties are applied to him:

• a fine of up to 120,000 rubles;
• compulsory labor for a period of 480 hours or 2 years of correctional labor;
• arrest for 2 years;
• forced labor for 24 months.

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Attention!

Tips for writing a response to a document

There is no mandatory form of response to a complaint or precise instructions in the regulatory framework. However, taking into account the requirements of the law and the established practice of considering citizen complaints, it is possible to determine the rules for drawing up responses to them.

Note! You can use the following tips to create these responses:

• The style in which you respond to a complaint should be as respectful and business-like as possible. You should not stoop to rude treatment, obscene language and threats, even if they are present in the complaint itself. It is not recommended to use emotional expressions. You need to speak to the person respectfully, thank them for the information provided and, if necessary, apologize,
• The form of communication to the client about the decision must be congenial to the form of the complaint. If it is sent in the form of a letter, the response must be sent by letter. When sending a complaint by email, you can respond using the same method,
• The response must be drafted in such a way that the addressee believes that the circumstances that led to the filing of the claim have been eliminated. You can attach copies of supporting documents,
• If the response is created on behalf of an organization, it must be issued on its letterhead,
• The answer should be written carefully, without corrections, crossing out, or grammatical inaccuracies,
• If the complaint appears unfounded, the refusal to satisfy it must be properly motivated and supported by regulations and relevant documents,
• The applicant must provide answers to all questions in the complaint. The claim cannot be considered only in part,
• If you cannot create an answer on your own, even with the help of samples, you should seek the help of professional lawyers,
• The applicant's complaints should be dealt with expeditiously. By law, ten days are given to draw up a response. If necessary, this time period can last up to a month. But you shouldn't put off creating an answer for too long. The sooner this is done, the greater the chances of resolving disagreements with minimal negative outcomes. If you delay the consideration of the appeal, its author may have time to contact law enforcement agencies,
• If the appeal is left in the complaint book, you need to leave the answer there. In addition, you can contact the applicant by phone, tell him about the consideration of his complaint and apologize,
• If there is a repeated complaint about the same event with the same content, it should be answered, but this can be done in a condensed form. It is sufficient to indicate that a response to a statement regarding a specific event has been given before.

Procedure for consideration

The current legislation defines a unified procedure for investigating a citizen’s application. In this case, it does not matter which body conducts the inspection - the prosecutor's office, Rospotrebnadzor or the labor inspectorate.

The appeal must be sent by the initiator to the authority whose competence includes consideration of the dispute that has arisen.

The specialist who will carry out the inspection is obliged to conduct a conversation not only with the applicant himself, but also with other participants in the current situation, and take written explanations from everyone. If necessary, you can travel to the scene of the incident.

If the complaint contains issues the consideration of which is not within the competence of the body, then the application must be forwarded to the authorized authority within seven days. The exception to this situation is cases of violation of legislation in the field of migration. In this case, shipment occurs within five days. If the resolution of issues falls within the competence of several authorities, then copies of the appeal must be sent to each of them. The body that forwarded the complaint may request information about the results of its consideration. The initiator is notified of the redirection of the application.

It is not allowed to forward a complaint to those authorities whose actions the person is appealing against. If consideration of the issue is the exclusive right of such bodies, then the appeal is returned to the initiator without consideration and he is explained the opportunity to seek protection of his rights in court.

The organization or official in respect of whom the inspection is being carried out is obliged to provide all the necessary information to the authorized authority within fifteen days from the receipt of the request. The exception here is restricted access data, for the sending of which a special procedure has been established.

Deadlines for writing a response

Current legislation contains short time periods for responding to a submitted appeal. These deadlines vary depending on the content of the application and are set in the range from ten to thirty calendar days. This period begins to run from the time the complaint is received from the dissatisfied applicant.

It is worth noting! During this period, you only need to have time to draw up a response to the complaint itself, and the time for transmitting the response within the allotted time is not included.

The law gives thirty days to respond to the applicant’s claim. If more time is needed to provide a complete response, the time period may be extended by another thirty days, but only after the applicant has been notified of this.

In case of serious circumstances, this period can be either reduced or increased:

• If this complaint requires some kind of research or examination, without which it is not possible to give a correct answer. However, in this case, the author of the appeal must notify the opposite party about the upcoming events before the expiration of the thirty-day period,
• In a situation where the person responsible for responding to complaints is undergoing treatment and is physically unable to do so,
• When the subject is on a business trip in another city or abroad, for which there is supporting evidence.

The absence of any reaction to the claim on the part of the defendant by default provides a reason for its author to appeal to the judicial authority.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.

Consumer complaints

If your business is the provision of services or trade, then you need to learn to distinguish between several categories of citizen-consumers in order to competently respond to their complaints. And sometimes put careless clients in their place.

So, there are several main types:

• aggressors - those who are ready to flare up over any little thing, usually provoke employees into a scandal, do not like to express their complaints in writing, but are ready to raise dust in your company until they blush;
• truth-lovers - a category of people who respect order in everything, will definitely present their complaints and claims (if any) in writing, often such disputes go to court;
• narcissists are the most harmless group of citizens who sometimes simply do not have enough attention, so they compensate for this deficiency by attracting the attention of other people, in particular, store administration, company managers, etc.

Each of these categories of consumers must be treated differently. Therefore, responses to possible complaints must also be based on this classification.

So, it’s better not to argue with aggressors, this will only excite them even more, it’s better to offer a cup of coffee/tea, apologize if necessary, inform them that the perpetrators will be punished, this won’t happen again, etc. These measures are necessary so as not to stir up a scandal and do not scare away other buyers.

When meeting with truth-seekers, it is necessary to stock up on legal knowledge or hire a competent lawyer, since responses to complaints will have to be given in writing, clear, reasoned, based on the norms of the legislation of the Russian Federation. You ask: “How to write a response to a complaint if the client already intends to go to court? And is it worth compiling it at all?” We will answer that it is worth it, since the court requires a complete evidence base.

The last category just needs to be given enough attention, listen to all complaints, wishes, reviews, etc., you can offer them, for example, a loyalty card.

And yet, the main rule when considering complaints and claims from consumers is strict compliance with the rules of law, in particular the Law of the Russian Federation “On the Protection of Consumer Rights,” which provides specific deadlines, rights and obligations, and the procedure for conducting an examination of the quality of goods.

Submission form

How to answer the applicant's claim correctly? The response must be sent in the same form as the complaint itself, unless otherwise stated in its text. For example, a written complaint can only be responded to in writing, even if the applicant left his telephone number and postal address for communication.

How to write a response to a request if it came via the Internet? In such a situation, it all depends on what method of communication was recorded in the claim itself. An electronic response is forwarded in any case, but the author can also request a documentary response by writing his own address.

Please note! If the appeal was expressed orally, then the response to it can also be conveyed orally. At the same time, the legislation indicates that if a person demands a response in writing, then he should not be refused.

Collective claims will not result in a response to each claimant individually. A documented response will only be sent to the representative whose contact information appears at the top of the cover page.

If the claim is unfounded

Not in all cases the complaints received are justified and some action should be taken on them. Some citizens use complaints to make some kind of profit (for example, company employees constantly encounter consumer extremism).

To such complaints, it is imperative to draw up and send refusal responses to satisfy the complainant’s demands, justifying the reasons for the refusal, as well as with references to regulations.

Leaving an unlawful claim unaddressed can enable a dishonest person to stir up a scandal or even a lawsuit.

When is it okay not to answer?

Most often, if a company or government agency receives a claim from a complainant, according to the Civil Code, it must receive a response within thirty days. It is precisely this time period that is given to the opposite party to justify its illegal actions and correct the current situation, because if ignored, negative consequences may follow.

Important! However, the regulations provide clarifications when it is not necessary to send a response to a claim, in particular in the following situations:

• When the submitted document is anonymous, it does not contain any personal information about the author, and the Civil Code makes it clear that such acts are subject to rejection,
• If, in addition to indicating the full name and other personal information of the applicant, there is no personal signature in the application,
• The complaint is drawn up according to the rules, but includes some obscene language or direct threats, or the text itself is created in illiterate language, which is unacceptable for the official style.

In all other situations, the recipient of the complaint must review it and take appropriate action, regardless of what is written, and also provide a formal positive or negative response in writing.

How to give an answer in the book of complaints and suggestions

Each trading enterprise must have a special document established by the Law of the Russian Federation of 02/07/1992 N 2300-1, called the “Book of Complaints and Suggestions”. Such a document must be located in a place visible to all clients and be accessible for their entries.

The document must be analyzed on a regular basis by the company's management, and a response must be drawn up for each claim in accordance with the relevant article of the Civil Code.

Such responses may take one of the following forms:

• If the complaint was made without personal information, but the client pointed out serious shortcomings in the quality of the goods, or the defiant behavior of the company’s employees, or other violations, management can indicate their own attitude there, on the pages of the complaint book, in the hope that the dissatisfied client will return and will see this answer. Also, other consumers of the company, looking at the book, will notice that their requests are followed by an adequate response,
• In a situation where the client records his own coordinates, namely, postal address, email address or current telephone number, the response can be sent to one of the specified contacts by sending a letter by mail, writing a response to an email message or calling a written telephone number.

A response to a complaint is necessary not only in order not to break the law, but also to maintain the status and reputation of the organization at a high level and improve the quality of services, which will help improve the financial situation in the future.

Employee complaint against employee.