Misrepresentation can occur in different ways. Most often, this phenomenon can be observed in the service sector, so the consumer must know how to defend their rights and punish the fraudster. Despite the fact that such an offense is not considered particularly serious. The law still provides for punishment. It can be not only in the form of fines. Consider the most common forms of misrepresentation. And also find out what punishment may follow.
What is misrepresentation?
The list of possible options for this particular type of fraud can be simply huge. Therefore, it is worth stopping only at the main points:
- One of the forms of crime is counting. Every buyer has encountered such a situation at least once in a lifetime. The seller may give less change or juggle bills, but in this case it is very important to prove that the seller’s intent was well thought out and not random, otherwise it would not be considered a crime.
- The body kit is also considered fraud, as the seller is trying to trick the buyer by improperly weighing the products.
- Misleading the consumer can also occur by changing the characteristics of the product, for example, the contractor can promise one thing, but actually provide completely different services.
- Hiding the fact of the cost of goods: one price is negotiated, and the sale occurs at a different cost.
Proving guilt is often very difficult, as it is necessary to provide true facts that the seller acted in accordance with his interests.
Misleading the investigation
The law of the Criminal Code “Misleading” can apply not only to sellers. Deception may apply to other citizens. For example, the law clearly spells out penalties for those who try to mislead the investigation and take it in the wrong direction when solving a crime. I must say that in this case the punishment will be very severe and the usual reprimand will not work. If the case is not too serious, then a fine of 80,000 rubles may be imposed.
If the offender tries to hide a particularly serious crime by fraud, then such persons may face imprisonment for a term of five years.
What punishment applies to scammers?
Misrepresentation is an offense that is clearly spelled out in the legal framework, therefore serious offense follows for this crime. Of course, the punishment will depend on how widespread the deception was. For example, if a buyer's body kit has occurred, then a fine of 3,500 rubles is imposed on the seller, if the violation was made by an official, then the same fine is increased to 30,000 rubles.
When the fraud extends to many citizens and the benefits are enormous, not only fines are applied, but administrative penalties of a different kind, as a rule, this can be correctional labor or two years in prison.
How should the affected party act?
If there was a fraud, then you should carefully read the Criminal Code of the Russian Federation, misrepresentation must be punished. Even if the purchased goods turned out to be of high quality, but not of the level that the buyer was counting on, then it is worth defending your rights. The fact is that such actions can be repeated and besides one law-abiding citizen, others can be deceived. If a person has become a victim of deception, then he has the right:
- Require the seller to return the money that was spent by the buyer.
- Write a negative review in a special complaints book.
- Make a complaint to the director of the institution.
- Write a complaint to the consumer protection service.
- To file a lawsuit, the fact of misrepresentation will be considered urgently and, most likely, the deceived citizen will be compensated for the damage.
Before making a complaint, the consumer himself needs to figure out if the seller has the fault, for example, if the product is expired, then the director is responsible for this. In all other cases, solid evidence should be provided for the prosecution.
How to prove seller fraud ?
The article “Misrepresentation” can be applied only when there is evidence of such an offense. For example, if the deceit was carried out by the seller in order to sell low-quality goods or in order to have his own profit, then as proof the buyer can present a check, testimonies of witnesses or a warranty card, if provided. If a low-quality product was purchased, then you can take a picture of it and present the photos to the store director, as a rule, managers try not to make the problem public and immediately compensate for the cost of the product or replace the product with a quality one.
If the institution that provided the services refuses to meet, then the consumer has every right to file a lawsuit. The court, as a rule, carefully examines the case and all the evidence, after which, in most cases, it takes the side of the consumer and attracts the defendant to pay damages.
How are consumer rights protected by law?
If an article of the Criminal Code of the Russian Federation “Misconception” was applied to a consumer, then he should act as follows:
- You should contact the committee that deals with consumer protection. You can find a committee in the administration of the region where the deceived citizen lives.
- According to the law, a complaint can be submitted to Rospotrebnadzor. Specialists will conduct an examination and confirm or refute the claims of the buyer.
- You can write a letter to the service, which should monitor the quality of products.
- Today there are trade unions and associations, in which the consumer can write an appeal. Such organizations can seriously influence the resolution of the issue of misrepresentation and call for order.
Of course, if in such ways it was not possible to solve the problem, then you should seek help in court.
What to do if it is not possible to prove the case?
In the event that all consumer appeals were ignored, then it is worth going to court. Misrepresentation is a serious charge, the case will be tried within ten days, after which, if all the evidence has been provided, the trial begins. The judge will take into account not only all the facts, but also the testimonies of witnesses who were deceived earlier, the circumstances of the commission of this offense will also be taken into account.
It is advisable to seek the advice of a lawyer who will help to correctly draw up an appeal to the court, and will also help in listing all the facts proving guilt.
Recent Code Changes
The article of the Criminal Code “Misrepresentation” has recently been slightly changed, therefore, today such a violation is punished more severely than before. Since the calculation of the buyer in insignificant amounts was practically not punished before, now the deception of the buyer makes the process invalid, which means that all the money spent should be automatically returned to the buyer.
If there is no evidence that the seller tried to trick the consumer, then it will not work to prove the guilt, which means that he will not be held administratively liable. The consumer can go the other way and turn to the management of the store, as it is in the interests of the administration to maintain a good reputation of their establishment.
A consumer who has decided to file a lawsuit must always consult with a lawyer and provide him with all the evidence that is available. The specialist will help to properly file a lawsuit and demand a decent measure of punishment for those people who are trying to cash in at the expense of others. It is important to remember that all illegal actions must be punished. Only in this way can all citizens become law-abiding and lead a right lifestyle without harming others.