Case No. 2-3173/14
SOLUTION
IN THE NAME OF THE RUSSIAN FEDERATION
Central District Court of Volgograd consisting of:
Presiding Judge - O. B. Novikova
Under the secretary - Tsytsulina M.A.
With the participation of the representative of the plaintiff and a third party Dokazov A.A. – by proxy Lagunov E.Yu.,
Defendant IP Bogdyuk S.Yu.,
Her representatives by proxy Y.S. Arestova, Y.A. Gorbatenko,
The representative of the defendant LLC "VIAL" by proxy Fayzulin D.Z.,
Having considered in an open court session in the city of Volgograd a civil case on the claim of E. I. Dokazova against IP Bogdyuk S. Yu., VIAL LLC on termination of the sales contract, recovery of the price of goods, losses, penalties, compensation for moral damage,
SET UP:
The plaintiff filed a lawsuit against IP Bogdyuk S. Yu. on termination of the contract of sale, recovery of damages, forfeit, compensation for non-pecuniary damage, a fine, indicating in support of her claims that DD.MM.YYYY Dokazova E.I., concluded with IP Bogdyuk S. Yu. the contract of sale of goods No. 287. On the same day, she paid for the goods according to the sales receipt No. ... dated the same date. Thus, having paid ... a penny, she fulfilled her obligations to the seller as a consumer in full. When providing services for the sale of goods, the plaintiff did not properly conclude an agreement on the provision of the relevant service and provided inadequate information about this product, namely: - name technical regulations; - information about the main consumer properties of the goods; - the scope of the goods of this class; - guarantee period and service life of the goods; - address, company name of the manufacturer, seller of an authorized individual entrepreneur, importer, which is a violation of Art. and Art. 12 of the Law of the Russian Federation "On Protection of Consumer Rights". Also, the seller grossly violated the requirements of Art. and 9 of the Law of the Russian Federation "On the Protection of Consumer Rights" in terms of false information about the manufacturer and seller. So the seller, when selling the goods (laminated flooring), announced a lifetime warranty for this species goods. However, this guarantee is valid only if there is a payment document and a completed warranty card, as well as a mandatory warranty condition is the purchase of products from a certified official dealer of the manufacturer. Contrary to these requirements, the seller of the warranty card did not issue and, accordingly, did not submit any documents confirming his representation of the manufacturer. These violations of consumer protection legislation led to the fact that two months later (October 2013) the installed laminate (purchased product) began to deform over the entire area of the consumer's dwelling. In this connection, the plaintiff immediately turned to the seller (IP Bogdyuk S.Yu.), who in turn DD.MM.YYYY inspected the dwelling where the purchased laminate was laid. DD.MM.YYYY prepared the conclusion of the seller, in which they indicated a non-manufacturing defect of the goods sold. Due to the fact that the plaintiff's spouse - Evidence A. AleksA. concluded construction contracts, payment for which was made from the joint family budget, he, through a joint representative, was forced to apply to the expert institution DD.MM.YYYY to establish the reasons for either shortcomings in the goods sold, or shortcomings in the construction and installation work performed by the contractor VIAL LLC ". On the conduct of this construction and technical expertise of IP Bogdyuk S.Yu. was duly notified, but did not appear at the holding, having provided the requested information for the experts DD.MM.YYYY. The representative of VIAL LLC arrived on the appointed day. From expert opinion No. No. ... it clearly follows that the goods sold (laminate) - inadequate quality(lack of production character).
In this connection, the plaintiff asked the court to terminate the contract of sale №... from DD.MM.YYYY between the seller SP Bogdyuk C. Yew. and the buyer Dokazova EI. in favor of the plaintiff the amount of ... rubles 42 kopecks on account of the return of money paid for low-quality goods; an amount in the amount of ... kopecks on account of compensation for losses caused to the consumer as a result of the sale of goods of inadequate quality, an amount in the amount of ... rubles 30 kopecks on account of a penalty (penalty) for the delay in fulfilling the requirements of the consumer for the period from DD.MM.YYYY to DD .MM.YYYY 1% for 42 days of the amount ... kop., an amount in the amount of ... expenses for the services of a representative and compensation for non-pecuniary damage, a fine to the consumer's income ... kop. according to paragraph 6 of Art. Law "On Protection of Consumer Rights".
In the course of the proceedings, the plaintiff received a statement clarifying the requirements, which divided the amount ... RUB., declared initially to be recovered from the defendant in parts: asks the court to recover from SP Bogdyuk C.Yew. court costs for the services of an appraiser in the amount of ... rubles, ... rubles expenses for the services of a representative, ... rubles compensation for non-pecuniary damage. The rest of the requirements remain the same.
During the consideration of the case, at the initiative of the court, VIAL LLC was involved in the case as a defendant.
The representative of the plaintiff and a third party Dokazov AA- Lagunov E.Yew. at the hearing claims supported in full, asked to satisfy. He pointed out that the laminate does not meet the requirements of SNIPA, the thickness of the plank is indicated in the contract of sale is 7 mm., The maximum deviations in the thickness of the plank are 0.5, pre-trial assessment found that the thickness of the plank was 6.5 mm., He believes that there is a production marriage due to inconsistencies in thickness. I did not dispute that there are some shortcomings in the work on laying the laminate. He pointed out that not every pack has instructions for laying laminate. Defendant should have warned not to lay laminate flooring on underfloor heating. The seller was supposed to appoint an independent examination, which was not done. There are gaps in the joints in some places, but they could not cause the laminate to swell. Believes that a causal relationship between the conducted construction work for laying laminate and its swelling. The plaintiff has no claims against the builders and the defendant VIAL LLC. I do not agree with the conclusions of the forensic examination, since there is no evidence of flooding of the laminate. During the forensic examination, samples of the material were not withdrawn for research. He did not ask for a re-examination.
defendant IP Bogdyuk C.Yew., its representatives by proxy Arestova Yew.C., Gorbatenko Yew.A. at the hearing, they objected to the satisfaction of the claims, indicated that the manufacturer in the Instruction indicates that waterproofing is needed before laying the laminate, since the planks swell due to condensate. The plaintiff did not comply with the manufacturer's recommendations when laying the laminate. The swelling of the seams could only occur from moisture, and not from a manufacturing defect. The appraiser LLC...” does not dispute that in the conclusion he relied on the wrong acts. The examination was not carried out because the plaintiff did not file a claim. The defendant referred to the text of the purchase and sale agreement, in which the allowable deviation in the thickness of the plank is 0.5 mm. Arestova Yu.S. emphasized that the pre-trial investigation conducted by...” is not true, since an improper GOST has been applied, the effect of which is expressly excluded in relation to the fibreboard with a lined surface, to which the laminate belongs according to the product certificate. The expert misinterpreted the contract of sale on the issue of maximum deviations of the lath in width. The conclusions of the forensic examination indicate the presence of improper operation of the goods and improper styling by its builders VIAL LLC.
The representative of the defendant Ltd. «VIAL» Faizulin D.Z. stated at the hearing that the defects in the laying of the laminate were minor, but they could not lead to swelling of the laminate.
Plaintiff Dokazova E.AND., third party Dokazov A.A. did not appear at the hearing, duly notified, the court was not notified of the reason for the failure to appear.
The representative of the third party LLC "Olympia" did not appear at the court session, was duly notified, provided feedback on statement of claim in which he asks to refuse to satisfy the requirements.
The court, having heard the parties, representatives of third parties, having interrogated the witness, having checked and examined the materials of the case, considers that the claims are not subject to satisfaction on the following grounds.
I DECIDED:
The claims of E. I. Dokazova against IP Bogdyuk S. Yu., VIAL LLC on termination of the sale and purchase agreement, recovery of the price of goods, losses, penalties, compensation for moral damages should be left unsatisfied.
The decision can be appealed by the parties on appeal within a month to the Volgograd Regional Court through the Central District Court ....
Judge Novikova O. B.
Court:
Central District Court of Volgograd (Volgograd Region)Judges of the case:
Novikova Olga Borisovna (judge)Litigation on:
Under a contract of sale, a contract for the sale of real estateJudicial practice on the application of the norm of Art. 454 of the Civil Code of the Russian Federation
Laminate is quite common in modern apartments, as it is the coating that combines a pleasant appearance and low cost. Its advantage over linoleum is that if any defects appear, you can get rid of them by simply replacing a separate board. What are the most common defects that can happen to laminate and how to get rid of them?
Minor Defects
Minor defects include such damage: scratches from furniture, burn marks from cigarette butts, pressure dents, chips, etc. All of them can be eliminated in several ways:
Extensive defects
If the laminate has a huge number of scratches, a large burnt spot, etc., i.e. those defects that can no longer be corrected by the methods described above, you will have to change the damaged elements, because individual boards can also be purchased individually. But the laminate floor is laid, albeit from piece elements, but using a tongue-and-groove system, which is not intended for disassembly. Therefore, several ways have been found to repair work so as not to harm the rest of the coating.
If a the damaged part is close to the wall, then the best option there will be a partial disassembly of the coating. First you need to dismantle the plinth: it may turn out that the technological gap between the coating and the wall will disappear, then it will need to be restored with a grinder or a chisel. Then we carefully remove the first board, while it is important not to damage the lock, and it is better to sign all the dismantled boards so as not to confuse them during assembly. We disassemble the coating to the damaged area, change the old board to a new one, and assemble the rest of the coating, after which we mount the baseboard. it reliable way, which, nevertheless, requires due care from you.
If a the damaged area is located closer to the middle of the room, then the task becomes more complicated, since it is quite difficult to remove a separate element connected by locks with others, and at the same time not damage anything. To do this, mark a rectangular window in the middle of the damaged panel: then cut it out along the marked lines with a minisaw or chisel and carefully remove it, while cutting the panel in some places is better to the very lock: it will be easier to take it out. The plinth, which is installed across the panels, must be dismantled, and the panel itself must be shifted to the wall until it stops. Now we clean everything, chamfer the lock, and on the new board we partially file the lock, about a third. Now we coat the edges on the floor with wood glue and carefully place a new board into the resulting hole, but in order to achieve a good fit on all sides, you need to lift one of the adjacent panels with a vacuum handle. Now we knock the board from the wall to the normal position and leave it to be glued for 30 minutes, and it is advisable to use vacuum handles for a more reliable connection.
Note that the laminate of the middle and high price category is most amenable to repair, since the cheaper one may not withstand dismantling and crumble.
Laminate , undoubtedly, a great alternative to parquet or parquet board. Economical, safe, easy to install and maintain. But sometimes after some time after laying the laminate can begin to throw unpleasant surprises. What to do if you encounter one of the "laminate tricks"?
Problem one. Creak and crack. You stepped on a freshly laid laminate floor for the first time and immediately heard the characteristic creak of the panels. Or perhaps the squeak appeared two to three months after installation. Although this defect does not spoil the appearance of the floor, it is one of the most annoying problems with laminate flooring. There may be several reasons. If you moved into a new building, the flooring may be creaking due to natural shrinkage of the house in the first two years after commissioning. In addition, your home is likely to experience significant fluctuations in temperature and humidity. For example, if a heating system was installed under the floor. In this case, you run the risk of ruining the laminate if you suddenly increase the temperature of the floor. To avoid this mistake, increase the temperature by no more than one degree per day until you reach the desired level.
A creak can also be the result of the fact that the technology for preparing the room and laying was not followed. If the concrete base was not prepared carefully enough, if too thick underlay was used, the laying was carried out all over the apartment without the use of thresholds for the laminate, the indents from the walls were not respected...
What to do? Don't use underfloor heating. Check if the workers have made the necessary indentation along the perimeter of the walls of 7-10 mm for the free expansion of the laminate, make sure that thresholds for laminate were used between the rooms. The dust generated from the crumbling of the concrete screed can also creak (if the installers did not use the finishing leveling mixture when preparing the subfloor). If the apartment has a laminate with locks, you yourself can check if there is concrete dust under it. Otherwise, contact a specialist. In the event of this defect, it is not always necessary to sort out the floor in the entire house.
The second problem. Split seams between panels. The laminate must have freedom to expand, but this freedom cannot exceed the prescribed limits. In addition, the permissible difference in the height of the panels should not exceed 2mm. If in some places, due to defects in the concrete screed, the height difference becomes greater, expansion of the joints between the laminate boards may occur, moreover, the joints will be at a break - in the end this can lead to their breakage. And if the builders, when laying the floor, allowed too much clearance around the perimeter of the walls, the extra freedom is compensated by the expansion of the seams between the panels.
What to do? To get started, do the same as in the previous case. After that, use mastic for sealing joints, now there is a wide range of such products specifically for different types of laminate. A similar problem arises in the case of choosing a low-quality laminate. Locks do not perform their functions, so the seams diverge. In this case, of course, nothing can be done. You can either forget about this defect if it slightly affects the appearance of the floor, or try to solve the problem with mixtures to smooth the joints, or after a while change the floor covering to a better one.
Problem three. Swelling of laminate boards. The problem is the reverse of the previous one. There is not enough freedom to expand the laminate, so in some places the boards protrude above the level of the entire floor - "back up". Or the boards have expanded due to excess moisture. To avoid this, timely treat the laminate floor with moisture-repellent waxes or polishes.
What to do? Many people think of simply replacing a damaged panel in some way. But this will not solve the problem, the new board will swell again. Check if the laying rules have been observed. Is there enough clearance around the perimeter of the walls? If a problem occurs, for example, at the junction of a laminate and a ceramic tile floor, you can try to increase the distance between the two coatings yourself by cutting off the edge of the laminate by 1.5 mm. However, this is almost a piece of jewelry, so it is better to consult a specialist.
Despite its high wear resistance, the laminate requires restoration over time. This may be due to normal wear and tear. As well as improper laying or flooding the floor with a lot of water. Cracks, swelling appear on the laminate, the gaps between the plates increase, the color changes. In all these cases, restoration of the laminate is necessary. Consider several ways, after which the laminate will again take on an attractive appearance.
- Stratification.
- Bloating.
- Clearances.
- Cracks.
bundle
Laminate delamination is the cause of excessive exposure to moisture when cleaning the floor. The protective film begins to peel off from the surface of the material. And also the layers of the laminate themselves are separated from each other.
If the film peels off, it is better to replace the laminate board with a new one. But many are trying to restore the exfoliated layers with the help of epoxy resin and clamps. In half the cases it carries the expected effect. In other moments, you still have to use the replacement of the board.
Bloating
There are many reasons for laminate swelling. One of them is the incorrect installation of this flooring. Other reasons include:
- Incorrect preparation of the base for the laminate.
- Excessive water spilled on the surface.
- Increased indoor humidity.
- Weak lining.
- Defective material.
- Extra fasteners.
Here are a few mistakes that are made when laying laminate flooring:
- The dimensions of the expansion joints, which are indicated in the instructions for laying the product, are not sufficiently maintained.
- Lack of waterproofing material.
- Wrong use of PVA glue. Due to the accuracy of the locks (groove-comb), modern laminate does not require additional lubrication with any glue.
- Floor laying by non-professionals.
The instructions for preparing the substrate below state that it must be level, dry and clean. Various irregularities lead to subsidence of the locks and the laminate swells. Restoration of the laminate can be done by disassembling the coating and eliminating defects in the base.
A large amount of water spilled on the laminate floor also causes it to swell. If water spills, you need to clean it up as soon as possible and wipe the floor dry.
There are cases when a self-tapping screw or a nail driven into the plinth leads to swelling. To avoid swelling, it is necessary that the whole process of laying it has a floating character. Except when the laminate is fully bonded to the substrate.
So, in order to avoid swelling of the laminate, you need to adhere to the following:
- Buy high quality laminate flooring.
- Laying should be done by masters with experience in this matter.
- Choose the right underlay.
- Treat the locks with a water-repellent agent.
- Observe expansion gaps.
- Do not spill large amounts of liquid on the floor.
gaps
The gaps in the laminate appear mainly in its end parts. Since the longitudinal ones are securely fastened with a lock. Gaps are formed for the following reasons:
- Insufficient humidity in the room.
- Untimely removal of a large amount of water from the coating.
- The use of panels from different companies.
- Docking with different lock design.
- Poorly prepared base.
- Cheap material.
In order to eliminate the gaps, you need to find out the reason why they appeared. If the defect is formed as a result of a large amount of water, it will be necessary to change the panels completely. Because locks can be deformed from water.
If the cause is an uneven base, you will have to disassemble the entire coating. Now the laminate panels are assembled and disassembled.
If the locks are intact and the base of the floor is perfect, but the cracks still appeared. What to do? Laminate restoration will be easier. The cracks are simply covered with special putties and grouts.
cracks
There is a simple method for removing cracks. This is to purchase a pencil of the right color. You can also use acrylic mastic of the desired shade.
However, the most reliable way to eliminate cracks is putty. The putty will not only eliminate the defect, but also renew the protective layer. Putty should be applied several times as the previous layer dries.
If you can’t cope with a small crack in time, you will have to replace the entire panel. Since water can penetrate through a large crack, which will destroy the laminate board.