Legislative basis for recalculation of utility bills.
Recalculation of utility bills can be done on the basis of: Housing Code (Housing Code) No. 188-FZ and Art. 155, 157 dated December 29, 2004
The articles outline the conditions for recalculation due to the fault of service providers when gas, water, and electricity are supplied with significant interruptions.
PP No. 354 of 05/06/2011, sect. 9. You can make a claim based on it and prove the poor performance of public utilities.
PP No. 491 of 08/13/2006, sect. 4 establishes the rules for changing charges or recalculating if the services turned out to be of poor quality.
ZoZPP No. 2300-1 dated 02/07/1992, Art. 22, specifies the time frame by which utility providers must respond to a consumer complaint.
Sample application to energy sales for recalculation of one
It is the meter readings that allow you to monitor consumption and understand why the monthly payment amount fluctuates. The difference identified during recalculation between the amount received from the consumer and the amount paid to the resource supplying organization is returned to the homeowner.
Application for recalculation of electricity Petroelektrosbyt. The following will describe in detail how to recalculate utility bills and in what cases it is possible. Help other people find this sample application for recalculation of hot water charges. Application for recalculation of utilities standard for the Russian Federation. Application for recalculation of one for electricity.
Grounds for recalculation of utilities.
All services provided to the population must meet the requirements of quality, volume, etc.
Provided that the tenant has not received them in accordance with payment, he can write a statement and demand a refund for paid but not consumed kilowatts, cubic meters, etc.
Poor quality services.
This concept refers to services that do not meet the quality parameters provided for by law.
The consumer will have to collect evidence to substantiate the fact.
They call specialists from the utility organization, draw up an act in 2 copies, sign it by all those present plus 2 witnesses from among the neighbors.
One copy is given to utility companies, the second copy is kept by the consumer.
Important! You need to remember about the “demarcation point”; depending on its location, responsibility lies with different organizations.
If there is heat when it is brought into the house, but it is cold in the consumer’s apartment, a claim is made against the management company.
Ignoring a call by utility workers is not a reason to be inactive. All measurements are carried out independently, a paper is drawn up and signed with the participation of 2-3 neighbors.
According to the standards (SanPiN 2.1.4.2496-09 dated 04/07/2009), the temperature of hot water under running water should be + 60C – +75 C, deviations of 3-5 C are allowed at different times of the day.
If water flows from the tap at less than + 40C, then the tariff is paid as “cold water supply” (clause 87).
In electrical networks, the voltage should be 220 volts, with deviations of no more than 10%. Using a household voltmeter, measurements are taken in the electrical panel, but the voltage can also jump due to faulty appliances in the apartment.
Important! All recalculation requirements must be supported by documents. Unsubstantiated statements will not be accepted.
Network repair.
If utility services plan repairs to networks, turn off electricity, gas, water, heat, then consumers are warned about this in advance, and payments are not charged for the downtime.
Temporary absence.
At the time of departure, a tenant who does not have meters must contact the management company with a request not to charge fees for a certain period.
You will still have to pay for the maintenance of common property and heating (clause 88).
Change in the number of residents.
Rent is calculated based on the number of registered residents.
If there are fewer residents, the management company is obliged to recalculate and charge a lower amount.
Application for conversion to energy sales sample
Good day! I live in Mytishchi, I pay my rent regularly, I have never been late in payments. Every month the rent becomes more expensive, in particular heating becomes more expensive. They brought the payment for February, and in it the amount for heating was 300 rubles more than in the coldest months of winter! Why don’t they consider the principle of paying rent the same as paying a traffic fine. If you pay in a short time, then they give a 50% discount, and if you are late in payment, then pay 2 times more. I would like to be motivated to pay on time!
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The procedure for providing documents confirming that you really were not in your apartment during the period specified in the application is also determined by Resolution 354. Before we move on to the list of required documents, let's look at some features of paragraphs 93 - 97 of the eighth chapter of Resolution 354. You should know that all documents, not counting travel tickets, must be certified by the seal and signature of the head of the organization that issued them. Papers drawn up in another language must be translated into Russian and notarized. All copies are certified in the same manner as the originals. The consumer can immediately bring both a copy and the original of supporting documentation. Or he can provide only the original to the housing and communal services. In this case, utility workers will make copies themselves. The original is returned to the performer.
Benefits, subsidies for housing and communal services.
When retiring, becoming disabled or receiving benefits from the state, a person has the right to a reduction in utility bills.
A document confirming this right is submitted to the Criminal Code.
If there are benefits, the preparation of documents giving the right to recalculation is handled by the Social Security Department. They then transfer the documentation to the service providers.
If the meter data is incorrectly transmitted, underestimated or overestimated, you can write a request, call the controller and document the information. Based on the completed papers, the applicant will be recalculated.
Application for recalculation of utilities.
Sample application to energy sales for recalculation
If you need samples of the necessary statements that you will have to contact the authorities with, you can contact me by phone 8 (953) 818-41-95. Let me remind you that in accordance with paragraph 31p of Resolution No. 354 of the Government of the Russian Federation
Request from the resource supplying organization a written protocol of the meeting on the selection of direct management and the texts of energy supply contracts for signing. Unlawful actions can be appealed to the prosecutor's office of the Zheleznodorozhny district (at the location of the defendant).
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Electricity claim. Sample and download form 2020
A claim for electricity is sent to the energy supply organization in the event of dissatisfaction with the quality of electricity supply.
Files in .DOC: Electricity Claim FormElectricity Claim Sample
Grounds for dissatisfaction
There are two types of grounds for filing claims against Energosbyt:
- on the quality of supplied electricity;
- for illegal actions in connection with the supply of electricity.
Decree No. 354 of the Government of the Russian Federation of May 6, 2011 “On the provision of utility services to owners and users of premises in apartment buildings and residential buildings” establishes the basic parameters and conditions for the supply of electricity to the end consumer. So, in accordance with this Resolution, electricity must be supplied to consumers:
- around the clock;
- without interruption;
- without deviations in the technical parameters provided for by GOST No. 13109-97 “On electricity quality standards in the general power supply system.”
Power outages, drops or increases in voltage in the network, non-sinusoidality and asymmetry of supply and resulting disruptions in the operation of household and office equipment will constitute a significant violation of the terms of supply of electricity and may serve as the basis for:
- for claims;
- for complaints;
- for lawsuits;
- for demands to reduce the cost of electricity by 0.15 percent for each hour of violation;
- for claims for compensation for damage caused by interruptions in the supply of electricity.
Unlawful power outage
Another reason for filing a complaint with Energosbyt may be the illegal (unjustified) disconnection of the consumer from the power grid.
In accordance with the already mentioned Decree of the Government of the Russian Federation No. 354, the procedure and reasons for disconnecting consumers from the power grid are strictly regulated. So:
- disconnection of debtors should not harm the interests of bona fide payers, that is, disconnections can only be of an individual nature;
- disconnection should not damage consumer household appliances;
- Disconnection may not be carried out by employees of the management company or housing department;
- disconnection is not carried out (even if there are debts) in winter in houses heated using electricity;
- It is unacceptable to cut off electricity in orphanages, hospitals, nursing homes, houses where children and disabled people live who need a special diet or life support, etc.
Who to file a claim with
A written expression of dissatisfaction with the quality of supplied electricity or illegal actions to disconnect from the power grid can be sent to:
- to the energy supply organization itself;
- to the local executive authority;
- to the Federal Antimonopoly Service;
- to the prosecutor's office;
- to Rospotrebnadzor.
In addition, you can draw up a statement of claim and send it to the court.
In this case, only a complaint to the energy supply organization will have the nature of a claim. And only she can make demands on:
- recalculation due to low quality of supplied energy;
- compensation for damage, including moral damage, caused by inadequate quality of electricity or disconnection from the power grid.
Appeals to all other above-mentioned bodies will have the nature of a complaint or statement, even if the text is identical.
If you write a complaint to Rospotrebnadzor, then the request will be for the obligation of the energy supply organization to perform certain actions.
The fact is that neither Rospotrebnadzor, nor the prosecutor’s office, nor the municipality can recover anything from the electricity supplier. They can only punish him.
So, if, among other things, you want, for example, compensation for damage, then the claim must be sent directly to the supplier. And if you do not want to waste time on claims, then you can go straight to court.
So, let's summarize. Regardless of who turned off your electricity or who is to blame for the power outages:
- the claim is written with Energosbyt;
- the complaint is written to Rospotrebnadzor, the Criminal Code, HOA, SNT, the federal antimonopoly service or the prosecutor's office;
- the claim is filed in court.
You determine the addressee and type of appeal independently and at your own discretion.
Features of gardening non-profit partnerships
SNT members receive electricity through an intermediary, that is, through the SNT administration, which has entered into an agreement with the energy supply organization. In this case, payment is made not by calculating the energy consumed, but through membership fees, which include the price of consumed electricity within the entire partnership.
The SNT administration, by transferring part of the membership fees, settles with Energosbyt for:
- electricity consumption by each section (individual consumption;
- electricity consumption in the interests of the entire SNT (public consumption).
Accordingly, arrears in membership fees lead to the formation of SNT arrears in payments for electricity. Because of this, if there is a debt, the SNT administration (general meeting) has the right to disconnect individual consumers from the internal power grid.
Preparing to write a claim
The complaint must include information about what caused the consumer's dissatisfaction. Accordingly, arguments about the reasons for dissatisfaction must be confirmed.
The following are used as confirmations:
- a list of complaints to the dispatch service of Energosbyt, to the housing department, homeowners' association, FAS or to the management company;
- expert opinions confirming breakdowns of household appliances due to power outages or power surges;
- residents’ reports, expert opinions on voltage measurements, etc.
Making a claim
In order for the claim to most fully convey information and requirements, it must be drawn up in a certain order and with the inclusion of mandatory structural elements, namely:
- the name of the addressee, that is, the body to which the claim is sent;
- Full name (name for legal entities) of the author of the claim and his address;
- information about the agreement under which electricity is supplied;
- description of the events that led to dissatisfaction: illegal shutdown, supply interruptions, etc.;
- requirements for the body to which the claim is sent. We remind you that you can only demand from the energy supply organization;
- justification of requirements - reports, examinations, defect detection certificates, certificates from the warranty workshop, etc.;
- list of applications. The list includes all documents (copies thereof) on which the requirements are based;
- date of filing the claim and signature of the author.
The claim can be served in person or by mail. It is advisable to receive confirmation of delivery. To do this, upon personal delivery, ask the addressee to sign the second copy of the claim and indicate the date of receipt. If you choose the postal method, it is advisable to send the claim by registered mail with return postal acknowledgment of delivery.
Proof of delivery will be useful to you when going to 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.
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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 application for recalculation of one-time tax for electricity
If a residential building has metering devices, then the size of the ODN is calculated by Energonadzor employees together with a representative chosen by the residents of this house. The calculation is very simple - the difference between the general building meter indicators and the sum of the meter indicators that are installed in each of the apartments of a given house is highlighted. The total amount is distributed to each apartment owner (without exceptions), of course, taking into account the occupied living space. Accordingly, the larger the apartment, the more its owner pays. The formula for calculating ODN for electricity looks like this:
Previously, any excess of electricity consumption standards was paid from the pockets of homeowners. Now, if the volume of resource consumed exceeds the standards established by law, then the difference is paid by the utility company.
Sample application for non-payment of electricity due to long-term absence
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If you are away for a short time, for example, 1-2 months, during this period we recommend that you continue to transfer the readings recorded on the date of departure (there are many remote methods) monthly from the 23rd to the 25th. Invoices will be generated taking into account the testimony you submitted, and no debt will accumulate.
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