for damages and lost profits

[Адвокат]

Statement of claim for damages and loss of profits in connection with the infliction of harm

In _____________ district (city)
court ________________________ area
(territories, republics)
SEARCH: _____________________________
(Name, address, phone numbers)
RESPONSE: __________________________
(Name, address, phone numbers)

THIRD PARTY not claiming
on the side of the Claimant: __________________________
(Name, address, phone numbers)



STATEMENT OF CLAIM
for damages and lost profits
due to harm

On the basis of ownership (or on the basis of a social tenancy agreement) I own the ___________ premises (indicate which residential, non-residential; room, apartment) located at: _________ (indicate the address), which is confirmed by ______ (indicate the name, number and date of issue of title documents for the apartment, the issuing authority).
According to the floor plan of the apartment building located at: _______________________________________, above the indicated premises of the Claimant is located apartment No. ______, in which the Respondent lives.
"___" __________ 201__. The Claimant signed with ______________ (indicate the name of the Third Party) a rental contract for a residential (or non-residential) premises, according to which the Claimant undertook to provide the Third Party with the above-mentioned residential (or non-residential) premises before ______________201__
"___" _________ 201__, as a result of flooding of the Plaintiff’s apartment on the part of the Respondent’s apartment, the plaintiff’s premises suffered damage: ________________________ (describe what damage was caused), as evidenced by the Inspection Certificate for apartment N ________, signed by the Claimant and representative _________________________ (indicate the name of the housing the organization serving the apartment building, name and position of the representative of this organization).
The losses incurred by the Claimant in connection with this incident amounted to _____________ (indicate the amount in numbers and words) rubles and consist of the following:
1) __________________________________________________________;
(calculate loss)

2) __________________________________________________________.
Due to the inability to repair and provide residential (or non-residential) premises to a Third Party on the date specified in the contract for the rental of residential (or non-residential) premises from "__" _______ ____, the said contract was unilaterally terminated by the Third Party.
Loss of profit is calculated in the amount of _________ (___________) rubles from the following calculation: ____________________________________ (bring calculations).

During the negotiations between the Claimant and the Defendant, which took place on ___ ____________ 201__, the Defendant refused to compensate for the losses caused to the Claimant.
In connection with the foregoing and on the basis of Articles 15, 1064 of the Civil Code of the Russian Federation,

I BEG:

1) To recover from the Respondent in favor of the Claimant losses incurred by the Claimant in the amount of ___________________ (_____________) rubles.
2) to recover from the Respondent in favor of the plaintiff the lost profit in the amount of _____________ (________________) rubles.


Application:
1) A copy of the Act of inspection of the premises located at: _______________, after flooding from "___" ________ 201__
2) A copy of the rental contract between the Claimant and the Third Party dated "___" ___________ ____
3) A copy of the written notice of the Third Party about the termination of the rental contract between the Claimant and the Respondent.
4) Copies of documents of title to a dwelling (apartment)
5) Calculation of lost profits.
6) Calculation of the amount of the claim.
7) Copies of the statement of claim and its annexes for the Respondent and the Third Party.
8) Receipt of payment of state duty.

"___" _________ 201__
______________________
(signature)

__________________________________________
Note:
When determining losses, the prices prevailing at the place where the obligation was to be fulfilled shall be taken into account on the day the debtor voluntarily satisfied the creditor's claim, and if the demand was not voluntarily satisfied, on the day the lawsuit is filed. Based on the circumstances, the court may satisfy the claim for damages, taking into account the prices existing on the day the decision is made.
When determining the lost profit, the measures taken by the creditor to receive it and the preparations made for this purpose shall be taken into account.

 

[Матушкин Андрей Николаевич]

Thank!