In Krasnodar, a real estate agency will pay a fine and compensation of more than 50 thousand rubles for moral damages because it could not find a suitable housing option for a client where she could move in with her cat.
According to the court, in the summer of last year, while searching for a rental apartment in the regional capital, the woman turned to LLC “Kvartirnoye Bureau Krasnodar”. She paid for the rental selection services, but over the course of six months, the company’s employees did not provide a single option that met the terms of the contract. When the client demanded a refund, she received only 10% of the amount.
The court recovered from the company in favor of the plaintiff the remainder of the payment, a penalty, compensation for moral damages, and a fine for poorly performed services. The amount exceeded 50 thousand rubles.
The defendant filed a complaint with the court of cassation. The company’s representative stated that the penalty was calculated incorrectly and also noted the illegality of the evidence collected by the justice of the peace, who personally called all the property owners proposed by the agency and found that five of them did not allow living with animals, and two did not rent out housing at all. The defendant also referred to a clause in the contract about the company’s lack of responsibility for the discriminatory preferences of property owners.
The Fourth Cassation Court of General Jurisdiction dismissed the cassation appeal of the real estate company’s representative. It stated that under current legislation, agencies are responsible even for the preferences of property owners if they initially guaranteed the consumer something impossible.