Recalculation of utility fees

Hello, in this article we will try to answer the question “Sample Statement of Claim for Recalculation of Utility Payments.” You can also consult with lawyers online for free directly on the website.

Useful article, we also had a controversial issue when in winter just warm water was supplied to the taps, but the heating was not the same everywhere; where the return line was, there was a semi-warm radiator. We turned to lawyers, they helped me write a competent statement to the Criminal Code, and after two weeks the problem was resolved.

To do this, you need to go to the official website of the Main Department of Migration of the Ministry of Internal Affairs of the Federal Migration Service and select online check from the proposed tabs. A window will open for you to fill in the data. In the fields you should indicate: Region. Date of birth. Document Number. Another important point will be to confirm the “anti-robot” captcha request.

After that, click “send request”. Your request will be processed very quickly and may or may not contain a ready or not response. If the result is not yet ready, it will say that the information is missing and indicate the date of the last system update. This way you can keep track by remembering the dates of changes. This service does not provide information about the positivity of the result.

Recalculation for utilities according to Resolution 354

The document contains rather “florid” formulas, often incomprehensible to a legally unsavvy citizen.

Many people forget this key point, so it is more expedient to seek a reduction in payments where there really are gross violations by utility companies.

In the material presented, we will try to figure out how to prove the illegality of calculating utility bills, and how justice can be restored.

This certificate does not confirm the student’s actual attendance at classes, but only indicates his socio-legal status. The certificate must reflect the beginning and end of the training period.

By his actions, the defendant caused me enormous moral damage, which I estimate in the amount of ______ (__________________) rubles.

In addition to air and water temperature, this can include garbage that was not removed on time. Basically, any service you are unhappy with is a reason to contact the person who provides it.

Sample statement of claim to the court for housing utility recalculation

The amount of payment for the population for the utility service for hot water from the boiler houses of the Omsk Heating Company MP for the transfer of thermal energy through its own networks for a residential building with centralized hot water supply, equipped with bathtubs is 225.09 rubles per person per month.

Oblige the defendant to pay money in my favor in the amount of ___________ rubles for the expenses I have incurred to pay for legal assistance.

As of 2012, the defendant has a debt for consumed housing and communal services (for 9 months of 2011).

The limit is three years, which is calculated from the moment the right to recalculation arises. Missing a deadline is not critical, however, the issue of the statute of limitations is important - this is an extra argument for the defendant, who will insist on missing a deadline and demand that claims be denied on this basis.

All the details of an application to the Criminal Code for the recalculation of utility bills

The application to the court must contain a description of the substance of the rights violated. That is, it is necessary to indicate in as much detail as possible why the recalculation should be made with reference to the law guaranteeing such a right. It is important to note in the application the presence of a claim that remained unanswered or was not satisfied by the defendant. Considering that the court's conclusions do not correspond to the actual circumstances of the case, the judicial panel considers it necessary to change the court's decision and indicate that the recalculation of utility bills for the apartment at *** Ave. in the city.

If the management company does not want to admit its mistake and continues to insist on the correctness of the calculation, the owner has the right to go to court to protect his interests. The documents should be filed in the district court, and the management company or housing and communal services company may be the proper defendant.

If you live in an apartment building, and you and your neighbors have complaints about the quality of the water supplied, or about systematic interruptions in the supply of gas, heat or electricity, you can draw up a collective application for a reduction in payments, attaching all the necessary evidence.

I expected that the defendants would eliminate all the shortcomings that had arisen pre-trial, but the defendants ignored my requests and actions.

When it is necessary to protect the interests of the state, the application is sent by the prosecutor. The defendant is the person against whom a claim for compensation for material and moral damage is made.

You can challenge the refusal to recalculate in the supervisory authorities - housing inspections, Rospotrebnadzor, the prosecutor's office or the court.

When is it produced?

Due to the fact that no one is obliged to constantly take care of the timely transmission of readings, any consumer of electricity may encounter a situation where the data on his meter does not coincide with that indicated on the receipt. This allows you to manage the funds spent differently. Recalculation of payments for consumed electricity can be initiated in the following situations:

• Late transfer of data is the main reason for the possibility of recalculation. As a rule, it occurs in cases where the user untimely submitted meter readings, and the amount of payment was set for him according to a common household meter or according to average values.
• Lack of information about consumed electricity - occurs when the consumer does not transmit data about consumed resources. In such a situation, the energy supplying organization will independently charge a certain amount, in accordance with the average data available to them. Of course, this value cannot fully correspond to actual consumption. Therefore, after the testimony is provided, a recalculation must be made.
• The absence of the owner of the electricity connection point, for example, during his departure for any period of time. Physically, he could not monitor the reading of the electric meter, so the accrued amount will occur automatically. And after providing them, a recalculation must be made.
• Incorrectly entered readings - if electricity consumption was recorded with an error, you can request a recalculation. According to the law, residents can be present during this procedure and must make their mark on the correctness of the recorded volumes of electricity consumption.
• Meter malfunction - if the operation of the device itself is disrupted or after replacement you find that the device has much higher meter readings than it had before it was replaced, then it is also necessary to recalculate.

Read more: Copies of documents confirming the person’s authority

After the energy supplying organization compares the amount of payments with the supplied electricity, the surplus obtained as a result of recalculation will be used as payment for subsequent months. But it should be noted that such a procedure is not always decided in favor of the consumer. Since, according to the general building meter, the supplier can bill a smaller amount for payment than the homeowner actually spent. Then you will have to pay extra after recalculation for electricity for the underbilled kilowatts.

Sample statement of claim for recalculation of utilities

During the consideration of the case, it was established that the Pasechnikovs V*** V***, V*** V*** and V*** V*** are co-owners of 1/3 share each of the apartment at ***2 Ave. -73!% in the city

Every six months it is necessary to re-apply for the subsidy, providing a new package of documents. If the family's income level increases during this time, the subsidy may be denied. The cost of utilities greatly affects the family budget of citizens.

Administrative measures are often not effective due to the fact that decision-making depends on a specific official.

You can file a claim in person, through a representative, or using postal services by issuing a registered letter with notification. If the court considers the stated claim to be justified and supported by the necessary evidence, then a positive decision will be made in favor of the plaintiff.

A new calculation must be made immediately. Most often, you can see the result in receipts for the month following the application. At the request of the apartment owner, new receipts are issued 10 days after the application. Recalculation is done by management companies and unified settlement centers. The latter are created by municipal authorities. The procedure for applying can be clarified with management companies.

This is important to know: Claim for eviction from a municipal apartment: sample

The plaintiff's utility bills were recalculated. She doesn't agree with them. The plaintiff requests a recalculation of utility bills. Oblige the defendant to pay compensation for moral damage.

We should not forget about involving all interested parties in the consideration of this claim. The application identifies as third parties everyone who will be affected by the recalculation requirement. As a rule, these are other co-owners of the apartment, a single settlement center that issues receipts for payment and the like.

How to prepare an application for recalculation of rent

In this case, payment is made at tariffs that are higher than payments based on metering indicators;

• the pipeline was inserted independently if the pipe diameter exceeds the established standards;
• There are no seals on the meter or its integrity is damaged.

Recalculation downwards at the initiative of the consumer is possible if there are no individual or communal meters. Some housing and communal services are not subject to recalculation:

• heating of residential premises (recalculation can be made only in the event of a complete shutdown or at a temperature that does not meet the standards);
• gas supply for heating purposes;
• payment of general house needs;
• drainage is separate from water supply.

Recalculation of heating payments is made exclusively through the court. It will be necessary to attach a sufficiently large number of supporting documents.

Statement of claim for recalculation of utility bills

(name of court and address)

STATEMENT OF CLAIM

I, ________ (insert full name) am the owner (or tenant, i.e. indicate on what basis you live there) of the residential premises and am registered in it.

The apartment is located at: _______ (specify address). A copy of the certificate of ownership (or social tenancy agreement), as well as an extract from the house register in the attachment.

_____ (specify date), I received a receipt for utility bills in the amount of ________ rubles. Despite the fact that for all the months, I paid in good faith, as required by receipts.

After asking the defendant for clarification, I was told that this amount is based on the recalculation of _________ (indicate the reason why the payment was inflated). That is, I was actually accrued starting from _______ to ______.

I was verbally told that in my apartment, the commission allegedly recorded not one, but ______ people living there.

There was no response to my application for recalculation of payment for the use of utilities from ___________ year.

In accordance with clause 1 of Article 157 of the Housing Code of the Russian Federation: “The amount of payment for utility services is determined based on the readings of metering devices.”

According to Art. 32 of the Law of the Russian Federation “On the Protection of Consumer Rights”, the consumer has the right to refuse to fulfill the contract for the performance of work (rendering services) at any time, subject to payment to the contractor for the expenses actually incurred by him related to the fulfillment of obligations under this contract.

In accordance with subparagraph d) of paragraph 31 of the Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings, approved by Decree of the Government of the Russian Federation of January 1, 2001 No. 000, the contractor is obliged to calculate the amount of payment for the provided utility services in the manner established by the Rules and if there are grounds to recalculate the amount of payment for utility services.

They are trying to collect money from me illegally for a service not provided.

In accordance with Art. 249 of the Code of Civil Procedure of the Russian Federation “Responsibilities for proving the circumstances that served as the basis for the adoption of a normative legal act, its legality, as well as the legality of contested decisions, actions (inaction) of state authorities, local governments, officials, state and municipal employees are assigned to the body that adopted normative legal act, bodies and persons who made the contested decisions or committed the contested actions (inaction).”

I consider my demands to be based on the law and subject to satisfaction.

1. Oblige the defendant to recalculate for the use of utilities in the apartment at the address: ____________________, for the period from ______ to _____, excluding the illegally accrued amount of payment for utility bills.

1. A copy of the statement of claim for the parties to the case and the court;

2. Receipt of payment of state duty;

3. A copy of the certificate of ownership (or social lease agreement) for the apartment;

4. A copy of an extract from the house register;

5. A copy of the certificate of no debt;

6. A copy of the receipt for payment of utilities;

How to write an application to Mosenergosbyt for recalculation

Let's look at how to write an application to Mosenergosbyt for recalculation.

The preparation plan for recalculation is as follows:

1. Make sure there is a debt or overpayment on your personal account.
2. Have your last paid electricity receipt ready.
3. Prepare documents for the apartment. The application is accepted from the owner of the property or from an authorized representative. In the second case, a power of attorney will be required.
4. Take your passport with you.
5. Complete the application. This can be done at home by downloading a sample for recalculation, or you can obtain a form from the Mosenergosbyt office.

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With a package of documents, contact the nearest client office. Submit a package of documents. Expect messages from MES employees and receipts with new calculations.

Electricity payments can be made through the organization's cash desk.

Sample application for recalculation of electricity

The application form looks like this:

Here you need to fill in all the fields:

1. To: indicate the name of the head of the MES department, if you know. If you don’t know, then write to the “Head of Mosenergosbyt”.
2. From: your full name, passport details, address.
3. Contact phone number.
4. Account number.
5. Unnecessary services are crossed out from the list. All that remains is the power supply.
6. The application indicates the address of the premises to which recalculation is required.
7. The reason why this service is needed. Write as it is: for example, due to the fact that no testimony was submitted or no one lived in the apartment, etc.
8. If the reason is a breakdown of the meter, then attach a device inspection report drawn up by an authorized specialist.
9. Indicate the most recently submitted readings.
10. The period for which recalculation is required.
11. The date and signature are placed at the bottom.

Attention! Remember that recalculation is not always made in favor of the homeowner. You may need to pay Mosenergosbyt extra for the supply of electricity.

So, now you know how to recalculate electricity if necessary. You can independently control your personal account in your Personal Account or contact the Contact Center operator by calling 8 (499) 550-9-550 daily from 08:30 to 20:30.

If you have ever done recalculation at Mosenergosbyt, write reviews and comments at the bottom of the article, share your experience with other subscribers.

If you have questions about the correctness of accruals, you must send a personal application for recalculation with supporting documents attached to the e-mail address of the Settlement and Information Center.

Recalculation is made in the following cases:

1. You have received a receipt according to which the accrual is calculated for more people than actually live in the residential premises.

The supporting documents are as follows:

-certificate on the number of people living in the residential premises (such a certificate is provided by management companies, homeowners' associations, housing cooperatives, MFC, municipal administrations)

2.You are the owner of a residential premises in which no one is registered or lives.

The supporting documents are as follows:

-receipt for payment of electricity for the previous 2 months, confirming the absence of electricity consumption according to an individual meter;

-a receipt confirming the fact that you are paying at a different address (the address of your actual residence).

3. You were temporarily absent from your living quarters (business trip, hospital treatment, travel abroad, etc. All cases are listed in paragraph 93 of the Government of the Russian Federation of May 6, 2011 No. 354) (temporary means an absence of more than 5 days)

The supporting documents are as follows:

- a copy of the travel certificate or a copy of the decision (order, instruction) on sending on a business trip or a certificate of business trip with copies of travel tickets attached;

-certificate of being treated in a hospital facility or at a sanatorium-resort treatment;

- travel tickets issued in the name of the consumer (if the consumer’s name is indicated in such documents in accordance with the rules for their execution), or their certified copies. If travel documents are issued electronically, the contractor is presented with a printout of them on paper, as well as a document issued by the carrier confirming the fact of using the travel document (plane boarding pass, other documents);

- invoices for accommodation in a hotel, hostel or other place of temporary stay or their certified copies;

- a document of the body carrying out temporary registration of a citizen at the place of his temporary stay in cases established by the legislation of the Russian Federation, or its certified copy;

- a certificate from the organization providing private security of the residential premises in which the consumer was temporarily absent, confirming the beginning and end of the period during which the residential premises were under continuous security and the use of which was not carried out;

-a certificate confirming the period of temporary stay of a citizen at the location of an educational institution, orphanage, boarding school, special educational and other children's institution with round-the-clock stay;

- a certificate from a consular office or diplomatic mission of the Russian Federation in the host country, confirming the temporary stay of a citizen outside the Russian Federation, or a certified copy of an identity document of a citizen of the Russian Federation containing marks on crossing the state border of the Russian Federation when leaving the Russian Federation and entering Russian Federation;

Read more: How to confirm cohabitation with a child

- a certificate issued by an authorized person of a horticultural or vegetable gardening non-profit partnership, confirming the period of temporary stay of a citizen on a garden or vegetable plot of land located within the boundaries of the territory where citizens conduct gardening or vegetable gardening for their own needs;

- other documents that, in the consumer’s opinion, confirm the fact and duration of the consumer’s temporary absence from the residential premises.

With the exception of travel tickets, documents must be signed by an authorized person of the organization that issued them, certified by the seal of such organization (if any), have a registration number and date of issue.

The Contractor has the right to verify the authenticity of the submitted documents, their completeness and reliability of the information contained in them, including by sending official requests to the authorities and organizations that issued them.

The recalculation of the payment for MSW is carried out by the contractor within 5 working days after receiving the application submitted before the start of the period of temporary absence or no later than 30 days after the end of the period of temporary absence of the consumer for a period of no more than 6 months.

If, after the specified 6 months, the period of temporary absence of the consumer continues, and the consumer submitted an application for recalculation for subsequent billing periods in connection with the extension of the period of temporary absence, then the recalculation of the amount of payment for utilities is carried out by the contractor for the period specified in the application for extension of the period of temporary absence consumer, but not more than 6 months following the first recalculation period.

We also note that a citizen is obliged to inform the MSW contractor about an increase or decrease in the number of consumers living (including temporarily) in a residential premises, no later than 5 working days from the date of such changes.

If the contractor knows about consumers temporarily residing in the residential premises, the contractor has the right to draw up an act establishing the number of citizens temporarily residing in the residential premises.

If a citizen misinformed the contractor about the absence of permanently or temporarily residing consumers in the residential premises, the specified citizen bears responsibility under the current legislation.

Consultations on the management of solid waste are carried out by calling the contact number (the call is free, the contact center is open from 8.00 to 21.00).

For questions regarding the provision of benefits, you must contact the social protection authorities.

All owners of private houses, apartments and private businesses constantly have to pay bills for consumed electricity. The basis for such financial transactions is the readings of metering devices, which must be regularly transferred to the energy supply organization in the prescribed manner.

Depending on the concluded agreement, the amount of electricity consumed may be recorded by the management company or the residents' association, and data on electricity consumption must be entered in the appropriate log. But, there are situations when the data does not agree and you may be recalculated for electricity.

Inconsistency between meter readings and receipt data