Where to complain if the lights are turned off without warning

It is difficult to imagine the life of a modern person without electricity. After all, electricity is not only lighting, but also a power source for household appliances, refrigeration equipment, electronic gadgets, etc. Unfortunately, representatives of management companies are also aware of this, and they often use power outages as a lever of pressure on residents who are late in paying for utilities.

It is noteworthy that such disconnection does not always occur within the framework of the law, and in some cases, the management company and housing and communal services can be held accountable for arbitrariness.

What the law says

There is no single bill regulating the legal relations between the electricity supplier and the end consumer.
However, there are a number of regulations that reveal the main legal aspects related to this issue. In particular, given that electricity is actually a commodity, we are talking about a seller and a buyer. Therefore, you can refer to the provisions of the Law protecting consumer rights. According to the paragraphs of this document, the consumer has the right to complain about the supplier in the event of systematic power outages or in cases of illegal shutdown.

In addition, do not forget that the consumer is a citizen, therefore, his protection is under the Civil Code of the Russian Federation.

In cases where we are talking about illegal power outages on the territory of SNT, you can refer to Federal Law No. 217-FZ. This document obliges members of the partnership to pay for utilities and regulates the total amount of membership fees.

Federal Law of July 21, 2014 N 217-FZ “On amendments to the Housing Code of the Russian Federation and certain legislative acts of the Russian Federation in terms of legislative regulation of relations for the rental of residential premises of social housing stock”

Sample Complaint About Frequent Power Outages

The actions of SNT ___ ___ ___ ___ ___ to disconnect my site from the power supply contradict the provisions of paragraph 4 of Article 26 of the Federal Law “On Electric Power Industry” dated March 26, 2003 No. 35-FZ, the provisions of Article 6 of the “Rules for non-discriminatory access to services for the transmission of electrical energy and the provision of these services", approved. Decree of the Government of the Russian Federation dated December 27, 2004 No. 861.

DD.MM.YY. The electricity at my site was turned off by order of the chairman of the board of SNT. The disconnect is motivated by the fact that ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ the target fee has been paid; losses in the partnership network have not been paid; no compensation agreement has been concluded with the partnership for the use of its property

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24 Oct 2020 hiurist 168
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In what cases is de-energizing premises considered illegal?

Let us immediately note that a power outage cannot be carried out at random, simply because someone wanted to put pressure on the debtor.
Even if a person has not paid for electricity for a long time, it is impossible to suddenly cut the wires going to his apartment. According to established rules, a power outage should not lead to negative consequences. In particular:

Damage to property: personal and public.
Violation of fire safety requirements.
Creating a threat to the life and health of citizens.

The established procedure for limiting energy resources is regulated by the provisions of Government Decree No. 442. This document also contains a list of persons on whose initiative full or partial restrictions can be carried out. This includes the supplier, the energy distribution network company and the consumer.

If we talk about specifics, a power outage is considered unlawful in the following situations:

If electricity is used to heat an apartment building, the power cannot be turned off in the winter, even if there is an outstanding debt.
Disconnection for non-payment - if a person regularly pays for electricity, they cannot turn off their electricity for debts on water supply, sewerage and other utilities.
A threat to life and health is created - for example, if a small child lives in the house or there is a sick person connected to life support equipment.
Shutting off the entire entrance/house - limiting the supply of energy resources should not violate the civil rights of other residents.

Important! Restrictions in the supply of electricity cannot be sudden, even if a person has never paid for electricity. To turn off the electricity, the initiator is obliged to notify the payer in advance. This information is conveyed in any way: telephone call, registered letter, email newsletter. After receiving the notice, the debtor has 20 days to repay the debt in whole or in part. If there is no payment, a restriction on the supply of energy resources is introduced for 10 days. In cases where this measure does not have the desired effect, the room is de-energized for an unlimited period. Usually, until the existing debts are fully repaid.

Federal Law of December 28, 2013 No. 442-FZ “On the fundamentals of social services for citizens in the Russian Federation”

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Electricity claim

Electricity claim. The applicant is the owner of a residential premises, where his mother also lives with him, in whose name a benefit has been issued under the “Veterans of Labor” category, providing for a 50% discount on electricity bills from the standard __ kWh. The applicant established that with an average monthly electricity consumption of ___ kWh, the readings of the meter installed in his apartment averaged ______ kWh, which was clearly not true. Immediately, realizing that the electric meter was faulty (as it later turned out), the applicant called an electrician, sending a request to the organization, and paying money for the service. However, only a month and a half later, and even then, after the applicant’s complaint to a higher organization, an electrician from the organization arrived, who, having limited himself to a visual inspection, came to the conclusion that the meter was working. The applicant asks to be protected from bureaucratic arbitrariness committed by employees of the organization’s client office.

Interesting: When You Can Use the Benefits of a Labor Veteran of Federal Significance

CLAIM I am the owner of residential premises - apartment No. __, located at the address: ________________________, where my mother, ______________, also lives with me, in whose name a benefit has been issued under the category “Veterans of Labor”, providing a 50% discount on electricity payments from standard __ kWh. Complying with the norms of current civil and housing legislation, I have made and am making timely payments for consumed electricity at existing tariffs. However, in ___________, I found that with an average monthly electricity consumption of ______ kWh, the readings of the meter installed in my apartment averaged ____ kWh, which was clearly not true. Immediately, realizing that the electric meter was faulty (as it later turned out), I called an electrician, sending a request to OJSC "_____________", while paying _________ rubles for the service. However, only a month and a half later, and even then, after my complaint to a higher organization, an electrician from OJSC “__________” arrived, who, limiting himself to only a visual inspection, came to the conclusion that the meter was working. At the same time, according to the conclusion of the Federal State Institution “_____________”, the meter installed in my apartment is inoperative (“short”) and, precisely, this reason led to an increase in its readings tenfold. At the same time, no internal intervention was made into the device, the seals were not opened. According to Art. 1064 of the Civil Code of the Russian Federation, harm caused to the person or property of a citizen, as well as harm caused to the property of a legal entity, is subject to compensation in full by the person who caused the harm. By law, the obligation to compensate for harm may be imposed on a person who is not the cause of harm. The law or contract may establish the obligation of the harm-doer to pay compensation to the victims in excess of compensation for harm. The person who caused the harm is released from compensation for harm if he proves that the harm was not caused through his fault. The law may provide for compensation for harm even in the absence of the fault of the harm-doer. Damage caused by lawful actions is subject to compensation in cases provided for by law. Compensation for harm may be refused if the harm was caused at the request or with the consent of the victim, and the actions of the harm-doer do not violate the moral principles of society. In this regard, I believe that the demands of OJSC “___________” for my payment of debt for the period from _____________ to __________ years in the amount of _________ rubles are illegal and unfounded due to the absence of my guilt. In this case, the circumstances of the case indicate the presence of guilt in the resulting debt precisely on the part of the employees of OJSC “_____________”, who, improperly performing their assigned job duties, ignored my demands in _________ to study the technical condition of the meter and replace it. In reporting the above, I ask you to protect me from the bureaucratic arbitrariness perpetrated by the employees of the client office of OJSC "______________" and expressed in illegal demands for repayment of the resulting debt through no fault of mine, in fact, in extortion of funds. Refund to me the amount of ___ rubles paid for calling an electrician, since this service was not performed. Please inform me about your decision within the time limit established by law. Otherwise, in order to protect my rights and legitimate interests guaranteed to me by the Constitution of the Russian Federation and current legislation, I will be forced to go to court and the prosecutor’s office.

Where to call when disconnected

If the lights in the house suddenly go out, the first thing you need to do is check the traffic jams and circuit breakers. Perhaps the reason lies in a large number of connected household appliances or a sudden power surge. If everything is in order in the apartment, you need to contact the following organizations:

A network company that redistributes energy resources.
Energosbyt.
The management company servicing the house.
Ministry of Emergency Situations - if there is a risk of a fire hazard.

Procedure for filing a complaint

In cases where power outages are systematic or the apartment is de-energized illegally, it is necessary to file a complaint.
You can contact your electricity supplier or management company regarding this issue. If the complaint remains unanswered, you can try to restore justice through Rospotrebnadzor, the district administration or the prosecutor's office. When an unlawful shutdown of electricity causes property damage or moral harm, a claim should be filed in court. There are no special requirements for complaints regarding systematic/unlawful power outages. The main thing is to present the circumstances of the case in detail and concisely.

To do this, the complaint must contain the following information:

It is advisable to indicate the name of the authority (in full) when contacting the prosecutor's office.
Full address of the authority.
Applicant details: Full name, residential address, contact phone number.
The name of the document, and in our case, “Complaint about power outage.”
Address of the object, information about the status: property or social tenancy agreement.
Reasons for disconnection: arrears of payment, interruptions in the work of the supplier, etc.
Information about the date of restriction of energy supply, information about how the management company responded to the situation.
Request to restore power supply.
References to legal acts proving that the shutdown was carried out illegally.
Information about the harm caused (if it was caused).
Consent to the processing of personal data.
Date of writing and signature.

Important! The complaint can be private or collective. In the second case, the document is signed by all citizens whose rights have been violated. By the way, collective complaints are considered more quickly.

Sample application to the prosecutor's office about illegal power outage

What documents and evidence will be required?

All previous appeals to supervisory authorities are attached to the complaint, in order of hierarchical subordination. For example, if a complaint is filed with the prosecutor's office, it must be accompanied by photocopies of responses from the management company, service provider, Rospotrebnadzor or district administration. Additionally, you will need title documentation for the residential premises: purchase and sale agreement or social lease, deed of gift, etc.

Receipts for payment for energy resources and testimony of neighbors at the entrance can be considered as evidence.

When is it considered?

The law clearly defines the time frame for consideration of such complaints. In particular, the citizen must receive a response within 30 days after the application. In exceptional cases, the review period may be extended, for example if additional checks are necessary.
In such situations, the applicant must be notified in writing. In any case, the maximum period for making a decision cannot exceed 60 days from the date of acceptance of the complaint by the authorized body. Read also: Punishment for leaving the scene of an accident

Lawyer Anisimov Representation and defense in court

In your case, speaking from a legal point of view, there is a fact of provision of electricity supply services of inadequate quality. Therefore, in order to force the energy supply organization to supply you with high-quality electricity, you need to contact them with a claim in writing, since they did not respond to oral statements, and they must put a mark on receipt of the copy of your claim (you will keep it for yourself). In accordance with Art. 108 of the Rules for the provision of utility services, approved by Decree of the Government of the Russian Federation of May 6, 2011 No. 354, at the time of receiving your complaint, you must agree on the time of voltage measurements in the network at your home (no later than 2 hours from the moment, if you do not agree to a later time ).

Interesting: Changes in Article 228 in 2020

under secretary Rutz Yu.L. considered in open court a civil case on the claim of Boris Semenovich Krasilytsikov and Natalya Viktorovna Krasilytsikova against the open joint-stock company "Omsk Energy Sales Company" for recognition of actions as illegal, compulsion to commit actions and compensation for moral damage. Representative of the plaintiff N.V. Krasilshchikova.

Solving the problem through court

Legal proceedings can be initiated in cases where appeal to previous authorities did not give the expected result, property/physical harm was caused, and the supplier needs to be held accountable.
In other situations, it is better to solve the problem of power outages pre-trial. The fact is that such proceedings take a lot of time and effort. In addition, the plaintiff will have to pay for the services of a lawyer, however, this amount can then be recovered from the service provider if his actions to turn off the electricity are found to be unlawful. A statement of claim is written on the same principle as a complaint to the prosecutor's office. In particular, the claim must indicate:

Full name of the court (usually such cases are considered by district courts).
Details of the plaintiff and defendant.
The essence of the matter, with references to the norms of Russian legislation.
A note about causing harm: what and in what amount.
Request to recover commensurate moral damages from the defendant (if necessary).
List of documents attached to the claim.
Date and signature.

The processing time for claims takes a month. Do not forget that going to court involves paying a state fee: the receipt is attached to the general package of documents.

The amount of the fee directly depends on the value of the claims. For example, if the price of the claim varies between 20,000-100,000 rubles, the state duty will be 800 rubles. + 3% of the amount exceeding the minimum threshold of 20,000 rubles. More detailed information on this issue can be found in Art. 333.19 of the Tax Code of the Russian Federation.

If the claim is of a non-property nature, the fee is paid in the following amounts:

Individual - 300 rubles.
Legal entity - 6,000 rubles.

Article 333.19 of the Tax Code of the Russian Federation “Amounts of state duty in cases considered by the Supreme Court of the Russian Federation, courts of general jurisdiction, and justices of the peace”

Illegal power outage

27. As a result of an illegal power cut, we were forced to use alternative sources of electricity for about a year. A gas generator and a gas stove with a reducer and a cylinder were purchased, plus gasoline and gas for their operation. The magistrate rejected the claim for reimbursement of costs. The main argument, an unreasonable purchase, had to be rented. If the purchase of this equipment and, accordingly, compensation amount to 35 thousand rubles, then the rental of similar equipment for the same period, without the cost of gasoline and gas, would be about 150 thousand rubles. Is our Themis right? Or there is a chance to challenge the decision in federal court. Please tell me.

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5.1. Evgeniy, Omsk, there are no samples or templates; the complaint should preferably be drawn up taking into account exactly your circumstances of the case, with all references to norms and laws. On the site, you can contact a lawyer or lawyer, they will help you with the preparation. But in order to help you, you need to look at the documents on hand, what do you have?