Siemens ask to pay for a tubeUnprecedented not only for Russia, but also for all world market business is conducted now against the Russian representation Siemens AG. As it became known, the representation property was in custody all the July long. Also accounts of Russian office Siemens in the Moscow international bank have been arrested. Arrest has been imposed by Perovsky district court in maintenance of the large claim of the citizen of Russia Timur Hvana at which from - for malfunctions of cellular telephone Siemens SL 45 from memory phone numbers have disappeared.
mister Hvan has bought tube Siemens SL 45 in February of this year. Three months phone worked regularly then there was error MultiMediaCard (a compact data carrier) in which result from it all contents - an order of 200 telephone numbers were erased. In the service centre where mister Hvan has addressed, anything could not help, having specified thus that just in case it is necessary to store a notebook copy in the computer. In the answer to the complaint which mister Hvan has directed to the head of department “ Mobile phones “ the Russian office Siemens to Sergey Jakovlevu, the representative of the German company has written: “ Siemens the first began to use MultiMediaCard in the phones, and we do not exclude possibility of that in the first serial parties of model SL 45 there could be some failures “. As certain indemnification of moral and material losses mister Jakovlev has offered Timur Hvanu a cover for phone.
according to the lawyer of the Moscow regional board Michael Karpova, offered indemnification in the form of a cover of a reserve of the businessman, and he has decided to demand from Siemens more serious satisfaction. On May, 22nd this year to the head of representation Siemens AG in Russia the letter with the requirement to pay has been sent mister Hvanu damages, “ put to it in connection with infringement by the manufacturer of its rights, and the mental cruelty put to it at a rate of DM1 million “. “ we and have not received the Answer “ - Michael Karpov has declared.
on June, 27th Timur Hvan has brought an action the statement of claim about protection of the rights of the consumer. In it the claimant asked to collect from representation Siemens AG indemnification of moral harm - 3 million roubles, the losses caused as a result of loss of the business information, - 500 thousand roubles and expenses on a legal aid - 300 thousand roubles. Also mister Hvan asked to collect with Siemens the penalty in the income of the state at a rate of the claim on the ground that the respondent has not wished to settle dispute in a pre-judicial order. Total the claim sum - 7,6 million roubles. Together with it Timur Hvan asked court to seize representation Siemens AG property in Russia for the purpose of claim maintenance. According to lawyer Karpova, at the moment the Russian business Siemens is in a reorganisation condition - already today affairs of the German concern in the basic are conducted through an absolute daughter of Open Company “ Siemens “. It also has given the grounds to ask court about seizure of property.
on July, 3rd Perovsky district court, having studied arguments of the claimant, has considered the statement “ proved, subject to satisfaction “ also has seized representation Siemens AG property. On July, 20th arrest has been put representation accounts in the International Moscow bank.
Certainly, lawyers Siemens have made the complaint to definition of Perovsky court. As the chief of legal service of Open Company " has declared; Siemens “ Andrey Nesteruk, on July, 27th Perovsky court has cancelled obespechitelnye measures, having released property and representation accounts. However, Michael Karpov has declared that it yet did not receive the formal notice on cancellation obespechitelnyh measures. According to mister Karpova, consideration of complaint Siemens on definition of Perovsky court will take place on August, 8th in the Moscow city court.
the lawyer of Open Company “ Siemens “ in conversation with the correspondent has expressed full confidence that the claim of mister Hvana as a result will not be satisfied. Sergey Jakovlev has declared that Siemens does not bear responsibility for the information containing in phone: “ Especially the device of mister Hvana has not been imported into Russia on official channels - the given version of device SL 45 has been let out for sales in other country “. According to mister Jakovleva, the percent of guarantee references from owners of devices Siemens does not exceed 0,5 %: “ In a case with SL 45 this indicator even more low “.
“ I never faced so that to us made a complaint concerning the lost information, - the manager on support of production of company Motorola in Russia and the CIS Andrey Bychenko has declared. - Now in the market appear ` smart phones ` - phones which can really store great volumes of the information. In their instructions, most likely, there will be a prevention that the user in order to avoid losses duplicated all information - about it manufacturers of pocket computers warn. It will allow to avoid further such claims “.
IVAN - CHEBERKO