File photo: A courtroom setting.
ROSTOV-ON-DON. Alexander Pitnichenko, a lawyer from Taganrog in the Rostov region, has successfully sued the retail chain `Magnit` and was awarded over 8,500 rubles (approximately $95 USD). The lawsuit arose because his brother received three `Kinder Surprise` eggs containing ordinary toys instead of the collectible eggs featuring characters from the `Miraculous: Ladybug & Cat Noir` cartoon that were specifically ordered.
The incident began when Pitnichenko`s brother placed an order for these specific collectible `Kinder Surprise` eggs through the `Cooper` online delivery service. Although the products were sold by `Magnit` stores, the order comments explicitly stated that the collectible version in special packaging was required, and if unavailable, the order should be cancelled. Despite this clear instruction, standard `Kinder Surprise` eggs were delivered.
Upon receiving the non-collectible eggs, which was evident from their packaging, the family immediately lodged complaints with both `Magnit` (as the seller) and `Cooper` (as the delivery service). Receiving no response from either party, they sought advice from Rospotrebnadzor, the consumer rights watchdog, which recommended taking the matter to court.
Consequently, in March, a lawsuit was filed against both `Cooper` and `Magnit`, as it was initially unclear which entity was primarily at fault. By late May, the court issued its verdict, determining that `Magnit` was responsible for the error. An amount totaling 8,722 rubles and some kopecks was transferred to the plaintiffs on July 16.
The compensation sum included the cost of the `Kinder Surprise` eggs (nearly 400 rubles), the delivery fee (118 rubles), additional damages for emotional distress, legal fees for Pitnichenko himself, costs incurred for documenting the violation for court, and penalties for the breach of contract.
`Magnit` chose not to appeal the court`s decision. According to the ruling, the three `Kinder Surprise` eggs are to be returned to the seller. However, Pitnichenko noted that `Magnit` has yet to arrange for their collection.
