How to get compensation for a power outage

Sample Complaint for Illegal Power Shutdown

In Article 2, Clause 1 No. 66-FZ dated 04/15/1998

it is said:
“this Federal Law uses the norms of other branches of law, comprehensively regulates the relations arising in connection with the conduct of gardening, vegetable farming and dacha farming by citizens, and establishes the legal status of horticultural, vegetable gardening and dacha non-profit associations, the procedure for their creation, activities, reorganization and liquidation , rights and obligations of their members
.
The mentioned law does not contain provisions on power supply to gardeners. In this connection, the analogy of law is applicable. According to Article 6 of the “Rules for non-discriminatory access to services for the transmission of electrical energy and the provision of these
.
According to Article 33 of the “Rules of Non-Discriminatory Access...”
,
“a break in the transmission of electrical energy, termination or restriction of the mode of transmission of electrical energy is allowed by agreement of the parties, except in cases where the unsatisfactory condition of the power receiving device of the service consumer, certified by the federal authorized body for technological energy supervision, threatens accident or poses a threat to life and safety.
The network organization is obliged to notify the service consumer about the interruption, termination or limitation of the transmission of electrical energy in these cases within 3 days from the date of such a decision, but no later than 24 hours before the introduction of these measures .

On August 6, 2011, my land plot was disconnected from the power supply by order of the chairman of the board Sh. To this day, my land plot remains without electricity. Sh. explains the shutdown of my site by the fact that I have a debt for the consumed electricity. I have no debt for electricity, in addition, with the beginning of the gardening season on June 3, 2011, I made an advance payment to the partnership cash desk for electricity in the amount of 1000 (one thousand) rubles.

When will power outages become illegal?

Restriction or suspension of electricity supplies is carried out on the basis of Art. 546 Civil Code, Art. 38 Federal Law “On Electric Power Industry” and Section XI of the Rules approved by the RF Government No. 354 of 05/06/2011.

The energy supply contract is public; according to Article 540 of the Civil Code, it is valid from the date of actual connection to the power grid.

The absence of a written agreement between the supplier and the subscriber in accordance with Article 540 of the Civil Code of the Russian Federation is not a reason for turning off the power.

If the subscriber has legally connected to the networks and pays for energy supply on time, then the contract has been concluded from the moment of connection.

Most often, electricity is turned off if it is necessary to eliminate or prevent an accident. Planned shutdowns for the purpose of prevention are carried out according to a schedule communicated to consumers in advance; it is legal to carry them out no more than three times a year, no more than for a day each time.

Emergency operations are automatically performed by emergency control devices. Private unscheduled outages on this basis indicate the unsatisfactory performance of the energy supply organization, the incompetence of its management and (or) specialists assigned to the house (neighborhood).

We talked about how to find out why there is no power, whether it is an emergency shutdown or a planned one, in a separate article.

In SNT

Turning off the power is a common measure of the impact of SNT boards on gardeners.

It is often used to force garden house owners to comply with the requirements of the governing bodies of the partnership and to speed up the collection of membership fees.

Such actions of the chairmen of the SNT in accordance with 66-FZ of April 15, 1998 are illegal, they can be considered a crime under Art. 330 of the Criminal Code (“Arbitrariness”), as well as to recover moral damages from the chairman, even if he justifies them by a decision of the board or meeting of the partnership.

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In the apartment

In such cases, utility services have the right to demand payment of debt through the magistrate's court, then through bailiffs. And they have no right to turn off electricity for this reason.

The rules prohibit turning off electricity before holidays and weekends.

Illegal power outage without notice

The fact of disconnection is confirmed by the signatures of the neighbors. If possible, you need to invite a representative of the company responsible for supplying the resource and create a special commission that will draw up a violation report.

If it turns out that turning off the lights is illegal, you need to draw up 2 sample complaints in any form. It contains information about the consumer, the supply agreement, the date and time of the illegal disconnection and its consequences. The claim is sent to the supply company: management company, homeowners association, or directly to energy sales. If your request is ignored, you can file a complaint:

How to write a paper complaint?

In the header you indicate your full name, contact details of the registration address and actual and other contact details.

The application is written to the prosecutor of your city (district).

In the title you write: complaint about violation of the Rules for the provision of utility services.

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Describe the situation in any form.

What documents should I attach to the complaint?

Attach to the application the text of the complaint with the collected signatures of the neighbors and (or) the Act of Violations with the signatures of the commission members (if any). Leave the originals for the court.

What are the paper feeding methods?

You send a paper application to the prosecutor's office in a simple letter, which you drop in the mailbox.

Institutions for receiving complaints

Energy supply company.
The higher-level organization of the energy company (founder).
City (district) administration.
City (district) prosecutor's office.
World Court, your territorial area.

Sample notice warning of power outage for non-payment

does not pay

The reasons for the outage can be very different, and you always need to understand why the electricity was turned off at a particular moment. The main reasons why the light supply may stop are:

Complaint against housing and communal services for power outage

Unexpected power outages are allowed in the event of emergencies caused by equipment failure, natural disasters and other phenomena that the electricity supplier cannot control. Other sudden interruptions in the supply of electrical energy are considered violations of the law.

If electrical services are illegally disconnected and there is no response from the management company, the first thing you should do is call the emergency service. If, due to the lack of notification of the suspension of power supply, equipment fails, the person has the right to compensation for the damage received. First, you should try to resolve the issue peacefully; if this action fails, an application is submitted to the court according to the established pattern.

Sample Complaint for Illegal Power Shutdown

It should also be noted that on October 27, 2006, Krasilshikov made payment for the supply of electricity in an amount exceeding the debt, and since the obligation to pay for current electricity consumption must be made, according to general rules, no later than the tenth day of the next month, then with proper notification Krasilshikov could make payment for October 2006 by November 10, 2006, which was not done. The court finds unfounded the arguments of the defendant's representative to the extent that, due to the agreement between him and the postal service, the transfer of payments for electricity is received by the supplying organization within three days, and this circumstance by November 10, 2006 did not allow the receipt of payments from Krasilshchikov to be taken into account as justifying the legality of cutting off the power supply to the plaintiffs, since the plaintiffs were not notified of the existence of such an agreement and the need for additional notification of the defendant about the timing of debt repayment.

Omsk December 5, 2006 Leninsky District Court of Omsk, composed of presiding judge Utenko R.V. 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 declaring illegal actions, compulsion to commit actions and compensation for moral damage

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?

How and why a sample act of disconnecting electricity for non-payment is drawn up

The legislation does not provide for a specific sample of a power outage act. The Government of the Russian Federation in its Resolution No. 442 in Article II, paragraph 4.12 recommends a list of information that must be included in this document.

The first copy is handed to the consumer; if he is not present at the time of drawing up the act, the document must be handed over to him personally within 24 hours. The second copy remains with the performer, the third is transferred to the initiator of the procedure.

Complaint to the prosecutor's office about illegal power cuts

The management company turned off the electricity. The piece of paper that was stuck in the door contains a link to Resolution 354. although there is no debt for 3 months for utility services, there is only for 2. There is a large debt for housing services, but, as far as I understand, Resolution 354 cannot be applied here. When talking on the phone number indicated on the piece of paper, the representative of the management company said that he still owes 2 or 3 months of debt, he will continue to disconnect until he receives the entire debt. Tell me how you can curb the actions of the Criminal Code? How to register and submit a complaint to the prosecutor's office about illegal power outages?

Article 546 of the Civil Code of the Russian Federation Amendment and termination of an energy supply agreement 1. In the case where the subscriber under an energy supply agreement is a citizen who uses energy for domestic consumption, he has the right to terminate the agreement unilaterally, subject to notification of this to the energy supply organization and full payment for the energy used. If the subscriber under an energy supply agreement is a legal entity, the energy supply organization has the right to refuse to fulfill the agreement unilaterally on the grounds provided for in Article 523 of this Code, except for cases established by law or other legal acts. 2. An interruption in the supply, cessation or limitation of the supply of energy is allowed by agreement of the parties, with the exception of cases where the unsatisfactory condition of the subscriber’s power installations, certified by the state energy supervision body, threatens an accident or poses a threat to the life and safety of citizens. The energy supplying organization must warn the subscriber about a break in the supply, termination or limitation of energy supply. Termination or limitation of energy supply without the consent of the subscriber - a legal entity, but with appropriate warning is allowed in the manner prescribed by law or other legal acts in the event of violation of the specified subscriber's obligations to pay for energy. 3. An interruption in the supply, cessation or limitation of the supply of energy without the consent of the subscriber and without appropriate warning is allowed if it is necessary to take urgent measures to prevent or eliminate an accident, subject to the immediate notification of the subscriber about this.

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”

Lawyer Anisimov Representation and defense in court

A situation may also arise that Energosbyt refuses to carry out and certify voltage measurements in the network of your home. In this case, you will have to attract independent experts, and in our time there are enough expert organizations of various directions. After an independent examination, you will be able to submit an application to the court with a request to recalculate the cost of consumed electricity for the time period from the date of the examination to the date of the court's decision. The court's decision will be in your favor.

In order to protect one’s rights in accordance with the provisions of Art. 46 p. 3 p. 5 “Protection of the rights of gardening, gardening, dacha non-profit associations and their members” I had to call specialists at my own expense (attach the invoice for the service provided to the claim) to restore the power supply on the site. … … … power supply has been restored. However, this does not guarantee me the threat of repeated shutdown of the site by SNT in the future. In addition, the defendant is obliged to compensate me for material and moral damage caused by his unlawful actions.

Responsibility for illegal disconnection of electricity to individuals

The list of reasons why public utilities have the right to turn off the supply of electricity is given in clause 2 of the “Rules for complete or partial limitation of electricity consumption”, approved by Decree of the Government of the Russian Federation dated May 4, 2012 No. 442.

In case of non-compliance with the standards for the supply of public utilities to the population, an administrative fine is imposed, which is imposed on responsible persons (fine amount - from 500 to 1 thousand rubles) or legal entities (fine amount - from 5 to 10 thousand rubles).

In the event that the supply of electricity is stopped or limited without taking into account the law, and this leads to serious damage, disruption of the health of citizens, as well as other serious consequences (due to negligence), a fine is imposed (up to 200 thousand rubles), or in the amount of salary , or other profit of the convicted person for a period of up to 18 months. Restriction of freedom for a term of up to 3 years or imprisonment for a term of up to 2 years is also provided.

If we are talking about arbitrariness (unauthorized commission of illegal actions contrary to the law or other regulations that led to significant damage), a fine of up to 80 thousand rubles or a fine in the amount of salary or other income of persons sentenced to a term of up to 6 years is provided. ten months, or performing forced labor for a period of 180 to 240 hours. We may also be talking about correctional labor for a period of 1 to 2 years or arrest - from 3 to 6 months.

Claim or complaints about power outage sample

Those. Lead to significant losses for the consumer, then the consumer has the right to demand the drawing up of a document that defines the size of the load that cannot be turned off immediately (for example, a refrigerator or fire pumps or something else). This document is called the act of coordination of technological and emergency armor. 5. Scheduled repairs of electrical grid facilities. Regarding planned repairs, we can say the following: the time and duration of planned power outages for the duration of the work must be specified in the energy supply agreement between the consumer and the guaranteeing supplier (if it is an apartment building, then in the agreement between the utility service provider and the guaranteeing supplier). In paragraph 31 (6) of the “Rules of non-discriminatory access to services for the transmission of electrical energy, etc.

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Hello, we are served by Mosenergosbyt, during October there were power outages more than 10 times, there were no notifications about outages, they were turned off for more than an hour or 2, this happens every year with the onset of cold weather, today, again there was an unplanned power outage that lasted more than an hour , along with a power outage, the water supply also disappears. Moscow Region, Stolbovaya, Shkolnaya 7.

Power cut off for non-payment

Scheduled repairs of electrical networks. Their terms and duration are stipulated in the energy supply contract between the energy consumer (in the case of an apartment building, the consumer is the utility provider) and the supplier. Planned outages are limited to 72 hours per year and cannot last more than 24 hours at a time.
Non-compliance of consumer power-receiving equipment with safety standards. Disconnection orders for this reason are issued by Rospotrebnadzor.
Extraordinary circumstances. This category includes the elimination of accidents at power plants, breaks in power lines, etc.

If the power outage was planned, then it makes sense to call the responsible services in the absence of notification. This is considered a violation on the part of the electricity supplier, and they may be held liable if you suffer damage due to a power outage.

Who to call if the power goes out without warning? Helpful information

If a shutdown occurs due to scheduled repairs or due to debt on utility bills , residents of the de-energized area or house should receive an appropriate warning .

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Over the course of a year, the total time during which scheduled repairs were carried out cannot exceed 72 hours . The timing of emergency repairs can be negotiated separately when signing an agreement with the company supplying electricity.

Shutting off electricity for non-payment - sample notification

If the notification form for a power outage has been duly completed, delivered to the recipient, and the consumer has not repaid his debt for the consumed electricity, then the supplier has the right to stop supplying electricity to the violator.

If you have become a victim of illegal power switching off or simply want to find out as much as possible about why, other than non-payment, your electricity may be switched off, you can always contact our specialists. Our consultants work online, 24 hours a day, 7 days a week, which means that you can get answers to your questions around the clock, and you won’t need to go anywhere for legal help!

Permanent power outage: where to go to resolve the issue

when applying in person at your place of residence. The application is drawn up in any form, with a detailed description of the situation. The preferred option is a collective complaint, they are considered first and have a greater resonance;
by mail to the address of the authority;
by submitting an electronic application on the official website of Rospotrebnadzor . You can attach evidence to your appeal in the form of photographs and videos, scanned documents, etc.

There is no light for more than 24 hours even if a scheduled check is carried out.
The supplier limited the supply without specifying the reason.
The limit exceeds 72 hours per year.
Disconnection for non-payment of less than three months' payment for electricity.
Disconnection for non-payment without prior warning to the debtor by an official letter with the latter’s confirming signature.

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.

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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.

How to file a complaint against MosEnergo: all methods

Where to complain about Moseneogosbyt? If there is a specific reason for the client’s dissatisfaction with certain aspects of the provision of electricity supply services, you can submit a request to consider the controversial issue and resolve this difficult situation in which the consumer finds himself.

Complain via feedback form

At the first stage of filing a complaint, you need to send it electronically to Mosenergosbyt to the company itself through the official website. By going to the main page of the site, you can see the “Virtual Reception” section, clicking on which will display a form for electricity consumers to submit their complaints.

With this form of appeal, you do not need to write a lot, but it is better to ask specific questions or voice your complaint in a concise form. Company employees are required to review it within 30 days and provide a response to the accuser.

If after this period there is no satisfaction of the claim or simply a response in any form to the client, then this is a direct violation of the law and then you can complain about Mosenergosbyt to higher authorities of the legislative branch.

Complain by phone

If filing a complaint electronically on the company’s website is not suitable for the client, then this can be done through the contact center by phone, and in connection with the desire to improve the service, the conversation with the operator can be automatically recorded.

Leave a complaint at the MosEnergoSbyt office

You can submit your complaint in writing through the nearest customer offices. There, be sure to indicate the reason for the complaint and leave your contact information.

Send a claim to MosEnergo by registered mail

You can write a complaint and send it by registered mail to the central office of the company at the address: st. Vavilova, 9

Complain about MosEnergoSbyt to Rospotrebnadzor

Rospotrebnadzor is an official organization for helping clients, which is authorized to implement the law “on the protection of consumer rights” and must consider claims for poor-quality service to citizens, violation of clauses of the concluded agreement between the client and the energy supply company, and illegal refusal to make a recalculation. A complaint to Rospotrebnadzor must be considered without fail.

Complaint to the Ministry of Energy of the Russian Federation

This organization monitors the activities of all energy supply companies and is authorized to respond to such complaints from customers. The consumer of electricity can send a petition with a complaint in writing to the address: st. Shchepkina, 42 or submit it in person to the department at this address.

This organization must consider the complaint against Mosenergosbyt within 30 days and send a response in writing to the client’s address, which he must indicate in a letter or to his email.

How to complain to the prosecutor's office

If the complaints are of a monetary nature, namely the refusal to recalculate, take into account the client’s benefits or write off illegally accrued debts, then you can contact the prosecutor’s office, which will consider the claim without fail and determine its decision on this controversial issue. At the stages of the complaint proceedings, the appeal to this legislative body must conduct a trial on the facts that the prosecutor will provide and draw a conclusion about the legality of the client’s claims against Mosenergosbyt.

Where to complain about illegal power outages

It is not acceptable for electricity to go out suddenly without any warning. When such a shutdown is made, no warning may be given less than thirty days before it is actually done. This is stated in the blackout law mentioned above.

The payer is given another chance to repay the debt . If he manages to do this within the specified period when he was warned, the shutdown should be canceled and the light cannot go out.

09 Nov 2020 hiurist 460

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