When buying apartments in new buildings between the citizen and the Builder – construction company, the contract of participation in share construction. Deadline apartments – a prerequisite of such an agreement.
Failure to comply with this condition the developer shall entail the payment of a penalty. Its size is one strategemata of the refinancing rate of the Central Bank of the Russian Federation from the price of the apartment specified in the contract.
For example, if the refinancing rate 9%(to June 2017), the penalty will amount to 0.06% of the purchase price for each day of delay.
As a lawyer for consumer protection, I have repeatedly faced with violations of the developers of the date of delivery of objects – apartment houses. As a rule, construction companies refuse to voluntarily pay the penalty.
So, in 2014, I was approached by a citizen with the complaint to the developers. She bought an apartment in a newly built house and collided with a protracted.
CJSC "Construction management № 155", has entered into a contract with K., was obliged to pass her apartment until 30 April 2012, However, construction was delayed, and its obligation to transfer the apartment developer performed only on 29 July 2013.
The claim with the requirement to pay a penalty prepared by my lawyer to protect the rights of consumers, the developer was ignored.
Based on the Law on protection of consumer rights, I prepared and sent to court the statement of claim, which claimed:
In the proceedings No. 2-5193/14 I was able to justify not only the amount of the penalty, but also the need for compensation for moral suffering of doveritelnyi from the violation of their rights, the reasonableness of the costs of the representative.
29 Oct 2014 Gagarinskiy district court of Moscow against K. met and sought with JSC "Construction management № 155" is in favor of about 250 000.
Sincerely, counsel for consumer protection Vladislav Lyzhin.