Pre-trial claim under a sublease agreement for a part of a non-residential building
To the Director of "P..." LLP
O. B.
BIN ……
+7 775 ..
….
from: IP "N." represented by the head O.N.
IIN ..
+7 ….
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
On July 30, 2024, between you, LLP "P..." represented by Director O.B., and me, IP "N." represented by the head of O.N., a sublease Agreement was concluded for a part of the non-residential premises, according to which, with the consent of the owner of the premises, you provided the Subtenant with a part of the non-residential premises for temporary use for a fee. with an area of 6 sq.m., located at 32 S... street, Almaty. For online flower sales. For the period from July 30, 2024 to September 30, 2024.
The above-mentioned relations correspond to 151, 152 of the Civil Code of the Republic of Kazakhstan, which stipulates that transactions are made orally or in writing (simple or notarized).
According to clause 2.1, the rent is set in cash and amounts to 300,000 tenge per month.
Also, clause 2.2 of the Contract stipulated that "Upon the first payment of rent, the Subtenant pays the amount of rent and a deposit in the amount of monthly rent. The deposit amount is retained upon early termination of the contract as payment for the last month of rent."
Thus, the Tenant paid an amount of 250,000 tenge for the Deposit, and 600,000 tenge for two months of renting the premises.
According to Caspi gold's receipts:
Transfer to O.B., 300,000 tenge dated 07/29, 2024;
Transfer to O.B., 100,000 tenge dated 08/21, 2024;
Transfer to O. B., 100,000 tenge dated 08/21, 2024;
Transfer to O.B., 200,000 tenge dated 03 09 2024;
Transfer to O.B., 100,000 tenge dated 03 09 2024.
To date, the obligations to pay the rent have been fully fulfilled. However, you are not fulfilling the obligation to properly refund the deposit amount of 250,000 tenge.
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.
In addition, you did not provide a receipt for a cash register, CF, or AVR, 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 of 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 accordance with Article 42-4 of the Law of the Republic of Kazakhstan "On Consumer Rights Protection", article 190 of the Code of Administrative Offences of the Republic of Kazakhstan provides for liability for violation of the legislation of the Republic of Kazakhstan on consumer rights protection.
Where it is stipulated that the Consumer, whose rights and legitimate interests have been violated, has the right to apply to the seller (manufacturer, performer) with a claim for the elimination of violations of rights and legitimate interests and compensation to the consumer for the loss (harm) caused by these violations due to defects in the product (work, service) on a voluntary basis.
The seller (manufacturer, contractor) is obliged to consider the consumer's claim and, in case of disagreement with the consumer's requirements, submit a reasoned written response, documented, within ten calendar days from the date of receipt of the consumer's claim. Copies of these documents must be attached to the seller's (manufacturer's, contractor's) response to the consumer.
In addition, Measuring, weighing, cheating, misleading about consumer properties or the quality of goods (work, services) or other deception of consumers by individual entrepreneurs or organizations engaged in trading activities and the provision of services – entail a fine on individuals in the amount of ten, on small businesses – in the amount of twenty, on medium-sized enterprises for small businesses – in the amount of thirty, for large businesses – in the amount of fifty monthly calculation indices.
We hereby offer you a voluntary refund under the Deposit agreement in the amount of 250,000 tenge, by October 30, 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. 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.
Yours sincerely,, ___________/ IP "N." represented by the head
O.N.
"___"_______________2024 the year
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