A comfortable life is the natural desire of every person. Alas, in many cases, achieving the cherished goal depends not only on financial capabilities, but also on the activities of public utilities. As practice shows, utility workers do not always fulfill their duties flawlessly, which results in serious conflicts and disputes.
If there is an unplanned shutdown of hot water supply in an apartment, there may be several reasons. The most common among them are an accident on a heating main or a pipeline malfunction. Utility workers must promptly fix all problems and turn on the hot water supply. If this does not happen, then residents have the right to file a complaint, allowing regulatory organizations to solve the problem.
There is a misconception that all disputes with utility services are a waste of time and effort. In fact, everything is completely different. The correct algorithm of actions and a well-written sample complaint always bring results. However, it should be taken into account that simple ignorance of the current legislation can lead to an accidental mistake, and as a result, the complaint will simply not be accepted for consideration.
To avoid this, it is best to seek legal advice. A professional has extensive theoretical and practical knowledge, thanks to which he can not only provide assistance in the correct preparation of the document, but also determine the further course of action for the applicant.
Today, various companies providing legal services are actively operating in the Russian Federation. Unfortunately, contacting any of them entails financial costs. An alternative and more attractive option is an online consultation. You can get it without leaving your computer, absolutely free and at any time of the day.
In what cases should a claim be made for the work of a water utility?
All violations by the water utility can be divided into three large groups:
- provision of water supply services of inadequate quality;
- incorrect calculation and charging of payments for water supply;
- other violations committed during the operation of the water utility.
Poor quality water supply
The quality criteria for water supply are strictly regulated by law and cannot be violated by the water utility. In particular, when providing water supply services, a number of conditions must be met.
Important! The heat supply organization, not the water utility, is responsible for the temperature of hot water.
Water composition
In accordance with Article 23 of the Federal Law “On Water Supply and Sanitation,” drinking water must be supplied through centralized cold water supply systems. SanPiN 2.1.4.1074-01 describes in detail the standards for chemical substances, the content of which is permissible in drinking water.
If you have doubts about the compliance of the supplied water with these standards, you can contact directly any laboratory of the Sanitary and Epidemiological Service (SES) to conduct a paid examination of water quality.
However, it is more effective to write a complaint about water quality to Rospotrebnadzor. He will be obliged to check the water quality and, if necessary, send an order to the water utility to eliminate violations.
Sample claim
Water pressure
The problem of low pressure in water supply networks is not only that water barely flows from the tap. Breakdowns of household appliances (for example, washing machines and dishwashers) and water supply systems are also possible.
The standard water pressure in residential buildings is established by building codes and regulations (SNiP) No. 2.04.02-84. The level of water pressure in the apartment can be determined independently by the speed of filling the container. However, for subsequent contact with the water utility and other authorities, it is better to invite representatives of the management company, HOA or just neighbors, measure the pressure with a pressure gauge and draw up a report.
Note! In the event of a breakdown of household appliances due to poor water quality or low pressure in the water supply, the consumer has the right to demand reimbursement from the water utility for the cost of repair or replacement.
Water cut off
Article 21 of the Federal Law “On Water Supply and Sanitation” regulates the procedure for turning off water. Thus, the basis for an unscheduled shutdown can only be cases strictly defined by law:
- accident in the water supply system;
- significant deterioration in water quality;
- the need to increase water supply to fire sites;
- discharge of unacceptable substances into the water supply system;
- obstruction by the subscriber of access to representatives of the water utility or to control sewer wells for sampling wastewater.
In addition, the water utility is obliged to notify consumers about the reason for turning off the water within 24 hours from the moment of shutdown.
If a water utility carries out a planned water shutdown due to non-payment (more than 2 months), repair work or other reasons specified by law, it is obliged to notify subscribers of the shutdown at least 24 hours in advance.
In the event of a long-term water outage, the municipality is obliged to provide residents with the minimum required amount of water.
If there was no proper notice of disconnection, or the disconnection occurred without legal grounds, the consumer’s rights should be considered violated.
Sample complaint
Incorrect calculation and charging of payments
According to Part 2 of Article 157 of the Housing Code of the Russian Federation, tariffs for utility services are approved by the state authorities of the constituent entities of the Russian Federation.
For example, in Moscow this is done by the Department of Economic Policy and Development of the City of Moscow. Vodokanal does not have the right to deviate from the approved tariffs when calculating payments.
If the water utility incorrectly calculated the payment for water (for example, calculated the amount according to the standard, and not according to the meter), it is obliged to pay the consumer a fine in the amount of fifty percent of the excess amount of the accrued fee (Article 156 of the Housing Code of the Russian Federation). In this case, two conditions must be met:
- The violation was not the fault of the consumer (for example, he could have provided incorrect meter readings).
- The consumer managed to pay the erroneously charged amount.
Sample complaint
Other cases of violation by the water utility
The water utility is responsible not only for water supply and sewerage, but also for the maintenance of water supply and sewerage networks. Therefore, in the event of damage to property or health of citizens during construction and repair work on networks, the water utility organization will bear responsibility.
Where can I complain about a water utility?
First you should try submitting a request to the water utility. It is important to send the appeal in writing in order to subsequently have proof of such an appeal. If an application to the water utility does not help solve the problem, you should contact state regulatory authorities.
Important! The water utility organization, as a rule, exists in the form of a state unitary enterprise or municipal unitary enterprise (unitary enterprise), i.e. is not a government agency. Consequently, contacting the water utility will constitute a claim to which the water utility is not obliged to respond. The procedure for filing complaints with government authorities (Rospotrebnadzor, State Housing Inspectorate, Prosecutor's Office) is regulated by Federal Law No. 59-FZ dated May 2, 2006 “On the procedure for considering appeals from citizens of the Russian Federation.” In accordance with this law, all appeals must be considered within 30 days without fail, and they must be answered on the merits.
Rospotrebnadzor
Water supply is a consumer service, therefore legislation on the protection of consumer rights is applicable to the work of the water utility. Therefore, you can file a complaint against the water utility with Rospotrebnadzor. This body verifies the circumstances set out in the complaint against the water utility. If violations are detected, he can issue an order to the organization to eliminate them.
You can call the department, come to a personal appointment, or send a complaint to the water utility by mail. The telephone number and address of the regional office of Rospotrebnadzor can be found on the website ХХ.rospotrebnadzor.ru, where ХХ is the region number, for example, 22.rospotrebnadzor.ru. On the same website you can leave an appeal electronically (authorization through government services will be required).
State Housing Inspectorate (GZHI)
The responsibilities of the GZHI include monitoring compliance with housing legislation, in particular ensuring the rights of citizens when providing them with housing and utility services. Contacts of the regional inspection can be found on the official website of the head of the region.
For example, contacts of the State Property Committee of Moscow can be found here. You can file a complaint against the water utility in person, through an electronic reception desk or by mail.
Prosecutor's office
If the above-mentioned organizations did not help solve the problem, you need to write a complaint against the water utility to the prosecutor's office. The prosecutor's office is a supervisory body whose powers include conducting unscheduled inspections of activities based on the circumstances set out in the complaint.
You should write a written appeal to the prosecutor's office and send it by mail or take it personally to the prosecutor at your place of residence. You can find the nearest prosecutor's office using the Prosecutor General's Office website.
If the water utility’s offense is not criminal in nature, you can write to the online reception of the prosecutor’s office.
How to independently increase water pressure in an apartment?
Finding a common language and understanding with public utilities is problematic. Employees often do not engage in dialogue and avoid their job responsibilities.
The independent process of solving such problematic issues is not an easy path, requiring a lot of your effort and time. To simplify the procedure for interaction between the population and utility companies, a service for solving utility problems was created.
This service is a site with easy navigation. To get a solution to your problems with services you need to:
- Select a suitable problem;
- Select the appropriate service in the categories;
- Pay for the service if it is not free;
- Receive a package of documents and instructions;
- Get a solution to the problem or a refund.
It’s easy to make utility workers work together with the service for solving utility problems.
How to properly draw up and submit a claim?
The correctness of the appeal, the completeness of the facts stated in it and the presence of evidence of violations on the part of the water utility directly affect the quality of consideration of the appeal and the outcome of the case. If the appeal is sent to the water utility, it should be called a claim. A complaint is sent to government authorities.
As a rule, a violation by a water utility of the rules for the provision of water supply services affects not one, but several consumers: residents of one house, and sometimes an entire area. Therefore, it is better to draw up a collective complaint and collect signatures from residents. As a rule, regulatory authorities respond to collective complaints more quickly.
The complaint should begin with a header that indicates the contacts of the sender and the organization to which the document is sent. In order to receive an accurate answer, it is important to provide your information: full name, return address and telephone number.
Next, you need to state the essence of the complaint, supporting your arguments with evidence and the law. It is necessary to indicate:
- address of the house where the problem occurred;
- date and circumstances of discovery of the problem;
- the essence of the violation by the water utility;
- links to regulations;
- requirements and deadlines for completion;
- if necessary, return the overpaid amount - account details (for example, if a claim is written to the water utility for an unreasonable debt);
- for a claim to a water utility - the intention to go to court in case of failure to comply with the stated requirements;
- date and signature.
Copies of all relevant documents are attached to the complaint. The maximum amount of evidence should be collected: acts of identification of the problem, witness statements, photographs, etc.
Sample complaint
If the complaint is submitted in person, you must come to the appointment with two copies of the complaint. One must be submitted to the office; on the second, a representative of the organization must put a mark indicating acceptance of the complaint and the date.
By mail, the complaint must be sent by registered mail with return receipt requested. The postal receipt should be retained for possible production in court.
Next, you should wait for the return receipt, which will indicate the date of receipt of the complaint. It is from this date that the deadline for fulfilling the requirements specified in the complaint is considered.
Algorithm for actions with low water pressure
- Inform the housing office staff about the low water pressure in the apartment and call them to measure the inlet pressure;
- In case of weak pressure, draw up a report on the missing pressure;
- Write an application to the State Housing Inspectorate and send it personally or by registered mail with confirmation of dispatch and receipt;
- The response from the authority is received within 30 calendar days;
- Within 45 days, utility workers must carry out the necessary work to restore water pressure;
- If there is no response from the housing department, go to the judicial authorities.
If the case goes to court
As a rule, control authorities, if necessary, initiate recourse to court. However, if this does not happen, the violated rights are not restored, and the losses are not compensated, you can go to court yourself. To do this, you need to draw up a statement of claim based on a previously drawn up appeal.
It should be noted that the following requirements can additionally be included in the claim:
- on the payment of a penalty in the amount of three percent of the price of the service for each day of delay and its calculation (Article 28 of the Law “On the Protection of Consumer Rights”);
- on the payment of interest for the use of other people's funds in accordance with Art. 395 Civil Code of the Russian Federation;
- on reimbursement of legal expenses if the plaintiff applied for paid legal assistance;
- on compensation for moral damage. The court may award monetary damages to compensate the plaintiff for his emotional distress.
In addition, when satisfying the plaintiff’s property claims, the court also orders a fine from the executor in the amount of 50% of the claim price for untimely fulfillment of the consumer’s requirements.
The state fee for going to court in cases of consumer rights protection is not paid. If an application of a non-property nature is submitted (for example, to restore water quality), a state fee of 300 rubles is paid.
The statement of claim can be submitted to the court in person or sent by mail.
