MTS subscriber tried to recover 30 billion rubles from the company, but failed

Source: Vedomosti

There is no error in the header. This is exactly the amount that a resident of the Tambov region, Alexei Melekhov, is trying to collect from his operator. This is stated in the company's report for the second quarter of 2017. The operator referred this lawsuit to “lawsuits, the result of which may significantly affect the financial and economic activities,” Vedomosti reports .

Interestingly, this trial began not suddenly and not now - Melekhov has been suing MTS for over a year. As a subscriber of MTS, Melekhov used the tariff "Smart 022015". According to the tariff, the subscriber receives 3 GB of Internet traffic per month, 500 minutes of calls and 500 SMS. The problem was that, according to the subscriber, the operator illegally wrote off several free minutes from him. It happened on June 22, 2016. Melekhov decided to sue the company.

In January of this year, having considered all the circumstances of the case, the Michurinsky city court refused the plaintiff to satisfy his claims. The judge announced that all services were provided in accordance with the terms of the contract and there are no grounds for compensation for moral damage. Moreover, the subscriber is obliged to familiarize himself with the terms of service before entering into a contract with the company.
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The plaintiff did not give up and filed an appeal. On April 10, a similar decision was made by the Tambov Regional Court. But the matter did not end there either - Melekhov in June of this year also filed a cassation appeal. Recall that we are talking about 6 minutes.

The total revenue of MTS from mobile communications in Russia last year amounted to 295 billion rubles. Thus, the subscriber plans to sue the operator about 10% of the total amount of revenue.

According to Denis Kuskov, CEO of Telecom Daily, the subscriber simply did not pay for the next month and decided that there are still minutes in his package. In any case, according to Kuskov, the amount of compensation is not commensurate with anything. With this opinion, the lawyer of the forensic-analytical department of Heads Consulting, Alexandra Elizarova, agrees. She believes that the claimed amount is too high and does not meet the principles of proportionality and sufficiency. In the United States, perhaps, a court could make a positive decision for the plaintiff, even with such a claim amount. But in Russia, the court usually understates the amount of moral damages.

According to the decision of the cassation court, the complaint to the subscriber Alexey Melekhov denied, according to RBC. “The cassation was rejected,” the court representative said, explaining that “the court did not discern material and procedural violations”.