A claim for recovery of unjustified enrichment
To the Auliekolsky District Court of Kostanay region
Plaintiff: OG.But
IIN
050003, Almaty, Turksib district, K... str., 43
cell phone 8747№№№
defendant: IP "A"
IIN ....
110400, Kostanay region, Auliekolsky district,
Auliekol village, B... str., 20
cell phone number 8705....
the price of the claim is 819,000 tenge
the claim
on the recovery of unjustified enrichment
On 11.10.2023, on the Instagram social network, I became interested in purchasing smartphones of the Iphone 14 brand, which were advertised in the appexpert.one account. During the correspondence on Instagram, the owner of the appexpert.one account said that this was allegedly a store located in the city of Zhezkazgan and asked to transfer funds for Iphone 14 smartphones through the Kaspi application from Kaspibank JSC.
I transferred funds in the amount of 819,00 tenge for 2 smartphones of the Iphone 14 brand to the funds indicated by an unknown person. According to the checks of Kaspibank JSC, maksum was listed as the recipient. Who is the seller of smartphones, where the actual location of the seller was not known to me, the fiscal receipt was also not provided to me by the seller. The purchase and sale agreement was not provided to me. No one has handed over the smartphones to me yet.
Subsequently, through the Taxpayer Search service on the website of the State Revenue Committee, I checked the BIN/IIN of the recipient of funds and it became known to me that the recipient of my funds in the amount of 819,000 tenge is IP "A" A, who is registered as a taxpayer in the State Revenue Department of the Auliekolsky district of Kostanay region, and lives at address: village of Auliekol, ul. Baymagambetova, 20.
There was no agreement between me and IP "A" for the purchase of Iphone brand smartphones, there is no information that IP "A" is the owner of the appexpert.one account on Instagram and the seller of the Iphone 14 smartphones.
Thus, on the part of IP "A" Aeermekovich, unjustified enrichment took place at my expense for a total amount of 819,000 tenge.
According to Article 953 of the Civil Code of the Republic of Kazakhstan, "1. A person (acquirer) who, without the grounds established by law or a transaction, acquired or saved property (unreasonably enriched) at the expense of another person (victim), is obliged to return to the latter the unreasonably acquired or saved property.
The obligation established by paragraph 1 of this article also arises if the basis on which the property was acquired or saved has subsequently disappeared.
The rules of this chapter apply regardless of whether the unjustified enrichment was the result of the behavior of the acquirer of property, the victim himself or third parties, or the result of an event."
According to Article 958 of the Civil Code of the Republic of Kazakhstan, "1. A person who has unreasonably received or saved property is obliged to return or reimburse to the victim all the income that he has extracted or should have extracted from this property since the time when he learned or should have learned about the unreasonableness of enrichment.
The amount of unjustified monetary enrichment is subject to a penalty for using other people's money from the time when the acquirer learned or should have learned about the unreasonableness of receiving or saving money."
In accordance with the above, IP "A" A is obliged to return to me the amount of unjustified enrichment in the amount of 819,000 tenge.
To resolve the situation, I sent a pre-trial claim to the defendant, which he received on 11/06/2023 and did not provide me with an answer.
To resolve this dispute, I applied for legal assistance from the Law and Law Law Firm, the cost of providing legal assistance amounted to 70,000 tenge, which, in accordance with Article 108 of the Civil Procedure Code of the Republic of Kazakhstan, I ask to be attributed to court costs.
According to article 109 of the Civil Procedure Code of the Republic of Kazakhstan, "If a dispute has arisen as a result of a violation by a person participating in the case of a claim or other pre–trial dispute settlement procedure provided for by law or contract, including violation of the deadline for submitting a response to a claim, leaving a claim unanswered, as well as violation of an out-of-court dispute settlement procedure established by law, the court assigns court costs to this person regardless of the outcome of the case."
Based on the above, I ask:
- collect from IP "A" A in favor of O the amount of unjustified enrichment in the amount of 819,000 (eight hundred nineteen thousand) tenge;
- collect from IP "A no." in favor of the court costs for providing legal assistance in the amount of 70,000 (seventy thousand) tenge;
- collect from IP "A" A in favor of A the amount of expenses for the payment of state duty in the amount of 8,190 (eight thousand one hundred and ninety) tenge.
Appendix: receipt of payment of the state fee, receipt of JSC "Kaspibank" for payment of 399,000 tenge, receipt of JSC "Kaspibank" for payment of 420 000 tenge|, certificate of the State Revenue Committee, pre-trial claim, notification of JSC "Kazpost" on sending a pre-trial claim, information about Abildin E.E. from the portal "E-legal help", screenshot of the appexpert.one homepage, screenshots of correspondence with the appexpert.one account, a copy of the contract with the Law and Law Law Firm, a copy of the certificate of state registration of a legal entity, a copy of the receipt for payment for legal assistance.
11/27/2023 OG.A.
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