The court declared illegal the service fee from Delivery Club customers.

In the Ninth Arbitration Court of Appeal, a case was considered on the Delivery Club's complaint about the recognition of the illegal resolution issued by the Federal Service for Supervision of Consumer Rights Protection and Human Well-Being against the company. The document assumed the collection of a fine for the introduced service fee.

In March, the Moscow Arbitration Court had already denied the company's claims, the appellate instance upheld this ruling. However, the Delivery Club does not agree with this opinion and intends to challenge the judicial act in the district, RBC reports.

The controversial fee was introduced by the company in May last year. Its size varies from 1 to 29 rubles.

The consumer does not have the opportunity to refuse to pay the fee when forming an order – he can either place an order and pay the fee at the same time or completely refuse the order.

Considering the case, the arbitration court referred to paragraph 3 of Article 16 of the Law on Consumer Protection, according to which it is prohibited to impose additional paid services when providing services, and in the event of such a situation, the consumer has the right to refuse to pay for them.

As for the position of the Delivery Club, the company fundamentally does not agree with either the opinion of the court of first instance or the appellate instances. The applicant recalls that the collection of such a fee is a common practice and in his case represents a fee for the work of the IT team to support the work of the service. Obviously, the ruling issued by the Ninth Arbitration Court will not be the last in this matter.