A resident of Kyzylzhar district applied to the Department of Trade and Consumer Rights Protection for the North Kazakhstan region of the Ministry of Internal Affairs and Communications of the Republic of Kazakhstan, who entered into an agreement with one of the city firms to install plastic windows in his private house.

Show the cost of services was paid in full, but the Contractor did not perform the work properly. In his application, the customer noted that one of the installed plastic windows had a double-glazed window crack due to the bending of the frame, but despite several appeals to the Contractor, the defects were not eliminated. When refusing to comply with the customer's requirements, the Contractor stated that the replacement of double-glazed windows is not a warranty condition. The customer submitted a copy of the contract, photos, complaint and correspondence with the executor to his application as evidence of the violation.  

During the inspection, it was found that the Contractor violated the consumer's rights and did not fully fulfill the contractual obligations. The result of the performed work turned out to be of poor quality, and the defects indicated by the customer were not eliminated within the time limit set by the law.  

The employees of the department noted that the executor did not legally refuse to fulfill the customer's requirements, because according to the terms of the signed contract, they were provided with free warranty service for double-glazed windows. 

According to paragraph 1 of Article 35 of the Law of the Republic of Kazakhstan "On the Protection of Consumer Rights", rights of the consumer when defects are found in the work performed (service rendered)

1. When defects are found in the performed work (provided service), the customer can:

      1) remove the defects in the performed work (provided service) without compensation;

      2) performed work to reduce the remuneration for (rendered service) by the appropriate amount;

      3) to make another item of the same quality material without compensation or to perform the work again (re-service);

      4) of customers When the right to eliminate defects is provided for in the contract, the right to claim reimbursement of their own expenses for their elimination. the deficiencies of the performed work (provided services) should be eliminated within ten calendar days from the moment of the relevant demand, unless a different period is established in the contract. gave an instruction to eliminate the defects of the work.

As a result, the Contractor fulfilled the instruction within the specified period and placed another quality window to the customer in order to eliminate the service deficiencies.

This domestic situation violates the rights of the customer. shows that it can protect!

In case of violation of the right to the quality of the goods (work, services) we recommend that you file a written complaint with the seller (manufacturer, contractor).

Also, Consumers have the right to apply to the territorial trade and consumer protection departments, as well as to the court, in case of non-fulfillment of the legally established requirements.

Source : https://www.gov.kz/memleket/entities/mti-kzpp/press/news/details/973681?lang=kk