Recovery under the loan agreement and the agreement of rendering of services

In recent years, the market of real estate there are various schemes for obtaining buyers with cash without fulfilling their obligations.

So I was approached by the citizen "Z", which entered into a contract of cash loan with LLC "Finance Group", giving the latter more than a million rubles. LLC "Finance Group" promised to loan funds to acquire and convey to the citizen "Z" apartment in Moscow. Also, OOO "Finans of Groups" and the citizen "Z" was a contract, more than one hundred thousand rubles for rendering services on execution of the contract to purchase real estate.

As a result of further relations, LLC "Finance Group" in these terms has not fulfilled its obligation under the agreement of rendering of services and refused to return the loan amount.

Paragraph 1 of article 810 of GK of the Russian Federation it is established that the borrower is obliged to return lender the loan amount received on time and in the manner provided for in the loan agreement.

Section 1 of article 811 of GK of the Russian Federation unless otherwise provided by law or the loan agreement, in cases when the borrower does not repay in time the loan sum, for this sum to be paid interest at the rate provided by point 1 of article 395 of the present Code from the day when she had to be returned, about day of its return to the lender irrespective of interest payment provided by point 1 of article 809 of the present Code.
According to paragraph 1 of article 28 of the Law of the Russian Federation from 07.02.1992 N 2300-1 "On protection of consumer rights", if the contractor violated the terms of performance of the service - the timing and (or) the end of performance of work (rendering services) and (or) the intermediate terms of performance of work (delivery of service) or during performance of work (rendering of service) became obvious, that it will fail in time, the user of your choice has the right:
to withdraw from the contract on performance of works (provision of services).

The consumer is entitled to demand full compensation of losses, caused to him in connection with violation of terms of performance of work (delivery of service). Losses are compensated in the terms established for satisfaction of corresponding requirements of the consumer.

In addition, in accordance with paragraph 5 of article 28 of the Law of the Russian Federation from 07.02.1992 N 2300-1 "On consumer protection", in case of violation of established deadlines for the rendering of services the executor pays to the consumer per every day (hour if term is defined in hours) of delay a penalty (fine) in the amount of three percent of the price of performance of work (delivery of service), and if the price of performance of work (rendering of services) contract on performance of works (rendering of services) not defined - the total price of your order. The contract on performance of works (rendering of services) between the consumer and the executor can be set to a higher size penalty (fines).

In accordance with paragraph 1 of article 31 of the law "On protection of consumer rights" the consumer's demand to return the paid for service, of the amounts provided for in paragraph 1 of article 29 of the act are subject to satisfaction in ten-day term from the date of the relevant requirements. Paragraph 3 of article 31 of the law "On consumer rights protection" establishes for violation of the terms of the specified requirements of the consumer the payment of a penalty for each day of delay, amount and manner of which shall be calculated in accordance with clause 5, article 28 of this law, namely in the amount of three percent of the cost of service provision.

According to article 151 of the RF Civil code, if a citizen suffers moral harm (physical and moral suffering) by actions violating his personal nonproperty rights or infringing on a citizen belonging to other intangible benefits, as well as in other cases provided by law, the court may impose on the offender the duty of monetary compensation specified harm.

In accordance with paragraph 6 of article 13 of the Law of the Russian Federation No. 2300-1 "On protection of consumer" - in case of satisfaction court of requirements of the consumer established by the law, the court charges the manufacturer (executor, seller, authorized organization or authorized individual entrepreneur, importer) for non-voluntary order of satisfaction of requirements of the consumer the penalty of fifty percent of the amount awarded by the court in favor of the consumer.

To represent his client's interests I went to court with a claim овзысканииденежныхсредстввкачествеосновногодолга under the loan agreement and the recovery of funds in connection with the termination of the contract of rendering of services.

October 28, 2014 decision of the Meshchansky district court of Moscow, in civil case No. 2-14170/14, the decision was made to recover from OOO "Finans-groups" in favor of the citizen "Z" 2 000 000 (Two million) rubles to the account of the principal debt under the loan agreement borrowed money due to their illegal retention under the loan agreement, in connection with the termination of the contract on rendering of services in connection with violation of terms of services agreement for the provision of services in connection with the violation of terms of satisfying customer demands in connection with the termination of the contract on rendering of services in reimbursement of costs incurred for the provision of legal services as compensation for non-pecuniary damage for non-compliance in a voluntary order of satisfaction of requirements of the consumer the penalty in the amount of fifty percent of the amount awarded by the court in favor of the consumer.

Sincerely, lawyer Vladislav Lyzhin.

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