Orenburghenka waited a year for a car from Belarus: the court recovered from the agent 26.7 million

Last summer, Orenburzhenko signed a contract with the agent for the purchase of a car in Belarus. The new machine, taking into account customs fees and payments, freight forwarding services, agency fees and other expenses, had to cost the woman 20,500,000 rubles, of which 13,325,000 she transferred as an advance.

What the treaty stipulated. The car had to be selected within 10 days, no later than 5 working days purchased and sent to the owner. The total delivery time was 65 days from the date of signing the contract.

What really happened? There was no car at that time or later. In December, the failed car owner appealed to the agency with a statement on termination of the contract, but received no response. Then followed a lawsuit with a demand to terminate the contract and recover money.

What the court found. “The court, having established the fact of the consumer’s refusal to perform the contract and the absence of evidence of the actual bearing of any expenses by the defendant, came to the conclusion about the validity of the claimed claims,” the press service of the Leninsky District Court of Orenburg reported.

There's two things. The first is the deadlines: 65 days under the contract turned into a waiting year, and this is not a delay in delivery, but actual non-fulfillment of obligations. The second is the amount of recovery: the penalty in the amount of the advance, that is, another 13.3 million rubles, was appointed precisely because the agent did not prove that he incurred at least some real costs. This is a key point for the consumer: if the performer received an advance payment, but did nothing, the court can recover not only a refund, but also a penalty in a comparable amount. And for the agent, this turned into a double price - instead of 13.3 million, he will pay more than $ 26.7 million. So bringing a case to court in such situations is economically doubly unprofitable.

And do you think that the penalty is equal to the amount of the advance, or is it already an excessive measure for the agent?