A claim to the Arbitration Court of Astana for the recovery of share contributions in connection with the withdrawal from the consumer cooperative
Arbitration Court of Astana city
BIN:160640012709
Republic of Kazakhstan, Astana, Heydar Aliyev St.,
House 1, NP-5, (former St. Sauran, 17 NP 5).
+7 705 420 6974
arbitrage-astana@mail.ru
Plaintiff: T.S. T.
IIN ....
Zhamby region, S... district, city of Zh.., 5 mkr., house .., sq. 15.
+7 778 ..
Proxy representative: Lawyer Sarzhanov Galymzhan
Law and Law Law Firm
BIN 201240021767
79 Abylai Khan Ave., office 304, Almaty.
info@zakonpravo.kz / www.zakonpravo.kz
+7 708 578 57 58; + 7 727 971 78 58.
Defendant: Chairman of the Consumer Cooperative of citizens "R.O.I"
BIN 181240004562
Nurzhanov Argen Oryngalievich
IIN 820616301622
West Kazakhstan region, Uralsk, village of Derkul, mkr. "Derkul", ul. Mustafina , house 14
The claim
on the recovery of share contributions in connection with the withdrawal from the consumer cooperative
On 23.06.2021, contract No. 30462 was concluded between the Consumer Cooperative of Citizens "R.O.I" represented by Chairman N. Argen Oryngalievich IIN ... (Hereinafter the Defendant) on the one hand and a member of the cooperative T. S. T. (Hereinafter the Plaintiff) during the period of validity of this agreement, I paid a share contribution in the amount of 901,410 (nine hundred one thousand four hundred ten thousand tenge) .
On the basis of the application for ex. No. 20011, on withdrawal from the T. S.T. cooperative, dated 07/24/2023, it was stipulated that after 90 working days, T. S.T. undertakes to sign an agreement on termination of contract No. 30461 dated 07/24/2021, which clearly states the return of T. S.T.'s share contributions, within 90 (ninety) working days, but to this day, t.s.T., the funds in the amount of 901,410 tenge have not been returned.
378 of the Civil Code of the Republic of Kazakhstan, an agreement between two or more persons on the establishment, modification or termination of civil rights and obligations is recognized as a contract.
272 of the Civil Code of the Republic of Kazakhstan, the obligation must be performed properly in accordance with the terms of the obligation and the requirements of the law, and in the absence of such conditions and requirements - in accordance with business practices or other commonly imposed requirements.
According to Article 273 of the Civil Code of the Republic of Kazakhstan, unilateral refusal to fulfill an obligation and unilateral modification of its terms are not allowed, except in cases stipulated by law or contract.
In accordance with paragraph 4 of Article 9 of the Civil Code of the Republic of Kazakhstan, a person whose right has been violated may demand full compensation for the losses caused to him, unless otherwise provided by legislative acts or a contract. Losses mean expenses that are incurred or should be incurred by a person whose right has been violated, loss or damage to his property (real damage), as well as lost income that this person would have received under normal conditions of turnover if his right had not been violated (lost profits).
Article 401 of the Civil Code of the Republic of Kazakhstan provides for the grounds for amendment and termination of the contract. According to paragraph 2 of this article, "in the event of a material breach of contract by the other party, at the request of one of the parties, the contract may be amended or terminated by a court decision. A violation of the contract by one of the parties is considered significant, which entails such damage to the other party that it is largely deprived of what it was entitled to expect when concluding the contract."
Article 8 of the ZRK On Arbitration stipulates that an arbitration dispute may be submitted to arbitration if there is an arbitration agreement concluded between the parties.
Thus, paragraph 38 of the Agreement states that if it is impossible to resolve disputes through negotiations, the parties, after implementing the pre-trial dispute resolution procedure provided for by law, will transfer dispute resolution to Arbitration in Astana, located at 17 NP-5 Sauran St., Astana.
The plaintiff applied for legal assistance from the Law and Law Law Firm, and a Legal Assistance Agreement was concluded for No. 1811/24 dated 18 November 2024. Under the Agreement, funds in the amount of 250,000 (two hundred and fifty thousand) tenge were paid for pre-trial settlement, preparation of a statement of claim and participation in a court hearing, which is the amount of court costs.
On 11/22/2024, a pre-trial claim for a voluntary share payment was sent, but there is no response, so we have to go to court.
Based on the above and guided by art. 23 of the SAM On Arbitration,
ask:
1. Terminate the Agreement on participation in the consumer cooperative and purchase of real estate No. 30462 dated 06/23/2021;
2. To collect from the defendant the Consumer Cooperative of citizens "R.O.I" represented by the Chairman N. Argen Oryngalievich in favor of the Plaintiff T. S.T., a share contribution of 901,410 (nine hundred one thousand four hundred desyat) tenge.
3. To recover from the defendant the Consumer Cooperative of citizens "R.O.I" represented by Chairman Nurzhanov Argen Oryngalievich in favor of the plaintiff Turdaliyeva S.T., representative expenses in the amount of 250,000 (two hundred and fifty thousand) tenge.
4. Paid arbitration fee in the amount of 73,840 (seventy-three thousand eight hundred and forty) tenge.
5. To collect for notary services in the amount of 4,430 (four thousand four hundred and thirty) tenge.
6. Collect the postage of Kazpost in the amount of 530 (five hundred and thirty) tenge.
With respect,
Proxy Representative Lawyer: Sarzhanov G.T.
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