PRE-TRIAL CLAIM FOR IMPROPER PERFORMANCE OF CONTRACTUAL OBLIGATIONS RK

 

 

N.S.B.

IIN.....

+7 702 ….

Almaty, Alatau district, mkr A.-2, A.D. str. 20.

Almaty, A. district, md. Aigerim-2, 13A B. D. Street.

from: K.N.Zh.

IIN: .

Almaty, Bostandyk district,

336 R. Street, block 138.

+7 701 .

Representative by proxy:

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.

 

PRE-TRIAL CLAIM

 

K. N.Zh., in connection with the need for a rental apartment, I found a realtor on the Internet where you provided apartments for rent in the 4YOU residential complex located at 310 Rozybakieva Street, Bostandyk district, Almaty.

After that, swami called me and asked me to find an apartment from this residential complex, but you offered me apartment 138. next to the residential complex "Amir" located at 336 Rozybakieva str., Bostandyk district, Almaty, with a condition of 300,000 tenge deposit and monthly payments of 550,000 tenge, which is k. N.J., agreed.

          Thus, on January 17, 2024, to the above apartment for the purpose of booking an apartment by phone. +7 771 which you dictated that this number belongs to Eldar, the landlord of the apartment credited funds in the amount of 100,000 tenge e. This is evidenced by receipt No. 18259108633 dated 17.01.2024.

Subsequently, on January 21, 2024, Shalkar asked for the rest of the deposit amount, and N.J. transferred 200,000 tenge to the dictated phone number. +7 771 337 2040 - Yeldar S. this is evidenced by receipt No. 18307329750 dated 01/21/2024.

          On January 25 of this year, you, K. N.Zh., reported that K. N.Zh., may move to block 138, house 336 Rozybakieva St. and on the same day, K.N.Zh., moved. On the same day, K. N.Zh., transferred funds to you for the rent of the specified apartment in the amount of 550,000 tenge for the month of February rent to the dictated phone number. +7 771 337 2040 - Yeldar S. this is evidenced by receipt No. 18366809185 dated 01/25/2024.

          On February 12, 2024, at about 2 p.m., you came to K.N.Zh., home and suggested to him that an offer was received from the owner of the apartment, Eldar, that if K.N.Zh., would pay 450,000 tenge each for the two months of March and April for a total of 900,000 tenge, then in In the future, the monthly rent will be 450,000 tenge each.

          Considering that this is a profitable offer, we signed a lease Agreement dated March 01, 2024 between K n.Zh., and allegedly with the landlord of the apartment E S IIN ........ After signing the contract on February 12, 2024, he transferred funds in the amount of 900,000 tenge to the dictated phone number. +7 771 337 2040 - Yeldar S. this is evidenced by receipt No. 18619159091 dated 12.02.2024.

          On February 28, 2024, you called K. N.Zh., and asked him to borrow money in the amount of 100,000 tenge, allegedly his brother had problems with law enforcement agencies and urgently needed money. On the same day, at about 02:35 hours, on the dictated phone. +7 778 369 9893 - S. N., K. N.Zh., transferred an amount in the amount of 100,000 tenge, that is, receipt No. 18846991295 dated 02/28/2024 testifies to you.

Subsequently, unsuspectingly, K.N.Zh., lived in this apartment hoping that K. N.Zh., the rent was paid two months in advance in advance.

          On March 10, 2024, the son of the owners of the apartment, Iliyas tel., came to the apartment where K.N.Zh. lives. +7 702 459 3070 , the owners of the apartment B.S.E., D.K. K..

Iliyas confirmed that his parents are the rightholder of this apartment and provided the title documents, where it was found out that Iliyas knows Shalkar, but does not know.  Eldar also said that he did not receive any guarantee payments, rent payments and prepayment for two months.

          On the same day, k.N.Zh., talked to you where you explained the situation, then you admitted your guilt and pledged to come and resolve all issues with payment, but without solving them, you disappeared.

          Thus, you N.S.B. and your accomplice E.S., using your position by deception and abusing my trust, caused significant material damage in the amount of 1,850,000 tenge.

By your actions, you and your accomplice E.S. violated art. 190 Fraud, that is, theft of someone else's property or acquisition of the right to someone else's property by deception or abuse of trust, of the Criminal Code of the Republic of Kazakhstan.

A violation of an obligation is understood as its non-fulfillment or improper fulfillment, which contradicts Article 349 of the Civil Code of the Republic of Kazakhstan, which is unacceptable according to Article 272 of the Civil Code of the Republic of Kazakhstan.

          Thus, you have caused K. N.J. real material and moral harm. In these circumstances, we require you to return the lost second tranche in the amount of 1,850,000 tenge as soon as possible.

          Due to your failure to fulfill your obligations, we have the opinion that your actions are aimed at seizing the amount by deception and abuse of trust, which is criminalized under art.190 of the Criminal Code of the Republic of Kazakhstan.

         In addition, you did not provide a fiscal receipt to the online cash register, which is a gross violation of the Tax legislation of the Republic of Kazakhstan. According to this fact, they intend to file a complaint about violations of the law with the State Revenue Department.

31 of the Tax Code states that a taxpayer's obligation to the state is recognized as a tax obligation arising in accordance with the tax legislation of the Republic of Kazakhstan, by virtue of which the taxpayer is obliged to perform the actions specified in paragraph 2 of Article 36 of this Code. The state, represented by a tax authority, has the right to require a taxpayer (tax agent) to fulfill his tax obligation in full, and in case of non-fulfillment or improper fulfillment of a tax obligation, apply methods to ensure it and measures of enforcement in accordance with the procedure established by this Code.

         According to subparagraph 3) of paragraph 1 of Article 802 of the Code of Administrative Offences of the Republic of Kazakhstan (CAO), reports or statements by individuals and legal entities, as well as media reports, are the reason for initiating an administrative offence case.

215 of the Criminal Code of the Republic of Kazakhstan, tax evasion and (or) other mandatory payments to the budget from organizations is a criminal offense.

In addition, you have posted numerous publications and advertising posts on repair and finishing works on social networks – which is indeed false advertising, as we have seen from your actions.

In accordance with article 35 of the Law of the Republic of Kazakhstan "On Consumer Rights Protection", article 157 of the Code of Administrative Offences of the Republic of Kazakhstan provides for liability for the dissemination of deliberately false advertising.

We hereby offer you a voluntary payment for the damage in the amount of 1,850,000 tenge, by June 15, 2024. If you do not pay within the specified period, we reserve the right to take this matter to court. As well as the recovery of the amount of material (damages and penalties, Article 351 of the Civil Code of the Republic of Kazakhstan) and representative services in the amount of 500,000 tenge. Also, contact other competent authorities for criminal and administrative prosecution.

According to paragraph 1 of Article 113 of the Civil Procedure Code of the Republic of Kazakhstan, at the request of the party in whose favor the decision was made, the court awards, on the other hand, the costs incurred by her to pay for the assistance of a representative (several representatives) who participated in the process and is not in an employment relationship with this party, in the amount of the costs actually incurred by the party. For property claims, the total amount of these expenses should not exceed ten percent of the satisfied portion of the claim. According to non-property requirements, the amount of expenses is collected within reasonable limits, but should not exceed three hundred monthly calculation indices.

152 and 279 of the Civil Procedure Code of the Republic of Kazakhstan and Article 402 of the Civil Code of the Republic of Kazakhstan, stipulating that the judge returns the statement of claim, and the court leaves the statement of claim without consideration if the plaintiff fails to comply with the pre-trial procedure established by law for this category of cases, the mandatory procedure for preliminary pre-trial dispute resolution and the possibility of this procedure is not lost and preserved.

 

 

With respect,

Proxy Representative Lawyer: ___________/ Sarzhanov G.T.

 

 

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