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October 10, 2001) did not include an investment agreement (contract equity participation), does not mean you can not distribute it to the law on consumer protection (although in the legal literature and in practice, such statements are found). Judicial practice in the Russian Federation on this matter is different, but in recent years has been a tendency in favor of this legislation to this respect. Application of the law on consumer protection to the subject contract allows an investor-consumers in the event of breach of a contractual obligation to collect from the customer's established art. 28 of the Federal Law "On Protection of Consumers' penalty of 3% for each day of delay, but no more than the contract price, and compensation for moral damages. Moreover, the amount of penalties established by law can not be reduced by the parties. For example, between citizens, K., and construction company signed an agreement on joint construction of a three-room apartment, according to which citizens have paid 663 600 rubles., A company must meet a set of works on construction of homes and deliver them to the State Commission in the 4th quarter of 2002, however, their organization obligations are not met and transferred deadline house in operation for the 4th quarter of 2003, Citizens appealed to the court and asked to collect a penalty fee of the amount paid in accordance with the Law "On Protection of Consumers' Rights. Construction Company has recognized a claim in part that, in accordance with Section 5.4 of the contract, if the house is not built, not commissioned or commissioning dates disrupted for apartment lease guarantor more than 90 days, the developer shall pay a fine in the interest holders of 0.01% of the introduced amounts for each day of delay after the 4 th quarter of 2002, ie, the sum of 11,000 rubles. Kuibyshev district court decision in Samara reasonably pointed out that in accordance with Art.

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