What is the responsibility for incorrect calculation of utility bills?

Responsibility for incorrect calculation of utility bills

Control how they will be executed. If something needs to be added there, we will do it promptly,” concluded Dmitry Medvedev.

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Today, few are willing to carefully study receipts, check the quality of service at home and fight for their rights. It is, of course, impossible to predict all possible abuses in such a “fertile” area as housing and communal services. However, management companies are rarely headed by professional “great schemers” who sleep and see how to deceive us.

Lawyer for utility bills - fines, disputes with housing and communal services

Much more often, the cause of overpayments is inattention and laziness, both from utility companies and consumers. Before paying the invoice, it is worth clarifying what exactly the numbers were and for what they ran up this month.

Photo: ya.ru

Having analyzed the requests from owners over the last 2 months, we can list the most common reasons for inflated payments in receipts, for which recalculation can be requested:

— inflated tariffs;

— do not recalculate utility bills based on actual consumption.

- inclusion in receipts of items not related to housing and utility payments (for example, “intercom”, “antenna”) These expenses are included in the fee for maintenance and repairs.

- arithmetic “errors” in calculations. The classic explanation here is a failure of the program that prints receipts.

— errors in the accrual of utility bills (utilities for general house needs). The use of unreliable data in the calculation, setting the size of common property at the discretion of the management company, and not the owner (as provided by law). This is why, from April 1, 2020, ODN has been cancelled.

— incorrect application of tariffs and standards.

— do not recalculate for utility services of inadequate quality. In case of inadequate quality of housing and communal services, exceeding the permissible duration of breaks, the fee is subject to recalculation downwards.

— the presence of unperformed services in the receipt;

- supplementing payments with debts of careless tenants;

— failure of the management company to fulfill its obligations to maintain the house.

What to do if an error is detected?

Management companies that make inaccuracies in payments, in accordance with the new legislation, face liability - a 15 percent fine of the incorrectly calculated amount. Moreover, any errors in charges may be interpreted by the supervisory authority as a violation of the Law “On the Protection of Consumer Rights” and the rules for the provision of services in the housing and communal services sector. And this entails fines for the management company from 100 to 500 thousand rubles.

If a significantly inflated amount of payments is detected, the payer should come with the payment slip to the office of the management organization and fill out an application for recalculation. An honest management company, which does not want scandals and litigation, admits that a mistake was made in the housing and communal services receipt and will recalculate, counting the overpayment to the consumer towards the next month's payment.

Some companies refuse to recalculate, citing the correctness of the charges indicated on the receipt. In this case, you should write an official request, fill out an inventory and send both documents by registered mail to the Criminal Code. If there is no reaction to the registered letter, then there is only one way out - going to court.

It is advisable to file a claim for legal proceedings if errors in housing and communal services receipts were made repeatedly, and the payment amount was unjustifiably inflated.

When working with clients (November 2020), we filed complaints with three managers regarding incorrectly accrued amounts in the receipt for payment of housing and communal services. As a result: one management company renounced its claims completely, the other two recalculated towards a reduction in the amounts initially billed.

If you have any questions like this, please contact us, we will help.

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Comments and discussion on this topic: https://www.neooexpert.ru/forum/index.php?/forum/54-obsuzhdenie-novostei-saita/

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What to do if an error is detected?

Apartment owners are required to pay utility bills in full within the period established by current legislation. The management company or other similar organization, in turn, must provide full quality services and make correct rent calculations.

Important! Claims from users arise if utility bills exceed the cost of tariffs or the figure is higher than what it was last month. If an incorrect calculation has been made for housing and communal services, you need to contact the appropriate organization.

Management Company

Rent is often calculated by a payment center. Such manipulations are carried out by a computer, not employees, but this does not relieve the company of responsibility if errors occur in the payment

. If the wrong amount is indicated, the consumer can complain to the management. A citizen can defend his rights in the following way:

• find out what the tariff fee is set at the time of calculations;
• check the meter data indicated on the receipt with the readings of the device itself;
• contact the Criminal Code in person or by phone to correct the error.

If the management of the enterprise refused to recalculate and did it illegally, then the user has the right to file a complaint with the relevant authorities.

You can find out the current rent rates in the management company or homeowners association.

You can also find out information on the Internet.

Important! It is not recommended to access sites with unverified data. Correct information about tariffs is posted on official portals by government agencies that control tariffs for housing and communal services.

If an incorrect charge for a utility service occurred due to the fact that the user entered the meter data incorrectly, then he must contact the company with a request to recalculate. After this, the consumer will receive a receipt with new data on the day of application, or next month a payment document will arrive with a reduced amount.

Control and supervision bodies

If the company’s unlawful actions led to an error in payments and the company organization does not admit its guilt, then consumers have the right to file a complaint with the relevant authorities that control the activities of housing and communal services enterprises:

• Rospotrebnadzor. Go to this organization if an error in calculating the fee was made due to the fault of the organization.
• State housing inspection. Helps to deal with the recalculation of a receipt if the incorrect accrual occurred due to the user’s fault when the meter data was entered incorrectly.

Prosecutor's office

If the management company incorrectly calculated the rent and does not recalculate it, then you can contact the prosecutor’s office. This organization suppresses any violations of the law.

Important! The prosecutor's office will be able to figure out whether the invoice was issued correctly or incorrectly. If during the investigation it turns out that the calculation of tariffs was carried out incorrectly, the prosecutor's office will issue an order from the Criminal Code obliging them to eliminate the error. It is mandatory.

After this, the consumer will receive the correct receipt with adequate tariffs.

Court

The user can file a claim against the Criminal Code in court. Here, the homeowner can receive not only a recalculation of housing and communal services, but also compensation for moral damage. The disadvantage of such an appeal is that the plaintiff will have to prove the correctness of his claim

. To do this, you will have to seek help from professionals, since a lawyer will represent the interests of the management company.

To file a claim, the following package of documents is required:

• documents of the apartment owner;
• utility bills;
• copies of applications to the Criminal Code and decisions made on their basis;
• receipt of payment of state duty.

Incorrectly accrued utility bills - is it possible to achieve a recalculation?

1. For incorrect calculation of the amount in the payment slip, the management company or HOA will pay a fine to the tenant.

This norm itself, in principle, is not new; it appeared in the law back in 2020, but did not really work - the procedure was not described. Now the procedure has been specified. If you have received a payment invoice and you think that there is something wrong with it and that an excess has been accrued, you need to submit an application to the management company, homeowners association or housing cooperative (depending on which organization manages your home). Within a month, they are obliged to respond and either justify that the accrual was correct, or agree with you. If it is true that excess amounts were invoiced, the company will pay half of the excess to you personally in the form of a fine. Of course, you do not have to pay for the excess itself - they will recalculate this amount if payment has been made. Thus, if the management company bills you 100 rubles more than expected, you will “earn” 50 rubles. And if, wittingly or unwittingly, all the residents of the house or area are deceived, the management company risks large losses for its mistake. So the new norm will be an incentive to pay more attention to accruals.

2. Fines for inaccurately entering information into the Housing and Communal Services GIS . The GIS housing and communal services information system contains detailed information about the entire utility sector, information is entered, including by management companies, service providers, etc.

Compensation for incorrect payment

If the erroneous accrual of a receipt was due to the fault of the management company, then the controlling body has the right to punish the organization. A fine is imposed on the company, the amount of which is 50% of the amount that was accrued in excess.

When an incorrect receipt arrives once, users turn a blind eye to the fact of the violation. This often entails that an incorrect accrual is made a second time or more. To prevent such a situation from arising, when a violation is first detected, it is recommended to contact the management company or a regulatory authority so that a recalculation can be performed

.
You also cannot change the data in the payment slip yourself
. Unauthorized actions will lead to the accrual of penalties.

Management companies will be fined for incorrectly accrued housing and communal services

For inaccurate, incomplete information and for delays in entering fresh data, starting from 2020, fines will be charged.

3. Buyers of an apartment who have not yet registered their ownership will participate in general meetings . Until 2020, those shareholders who bought housing in a new building, but were at the stage of registering ownership, could not participate in the fate of the house. Now they have equal rights with everyone.

4. Management companies, homeowners' associations, and housing cooperatives will be required to maintain a register of owners of apartments in the building. This register will have to be transferred by them to the initiator of the general meeting upon request.

5. So-called temporary management companies appear. We are talking about management companies that, under the compulsion of the city, will take control of “abandoned houses”, that is, houses that are left without management. As a rule, these are apartment buildings that city management companies refuse to work with for a variety of reasons. In some cases, due to accumulated debts and residents who lead an asocial lifestyle and are not particularly eager to pay off their debts. In some cases, the house is small, located in a remote location, and the management company cannot earn much from it. Now the management company can be obliged to take over such houses “temporarily”.

6. Housing and communal services licenses are no longer valid for an indefinite period; they are now issued for 5 years . Moreover, obvious “clones” of management companies created to replace the one that failed will not be able to obtain a license.

7. All apartment buildings will have to become accessible to the disabled , and soon. However, to install ramps at the expense of residents, a general meeting must be held. If this is done without attracting this money, the residents’ opinion will not be asked.

This is due to the fact that incorrectly calculated fees affect many areas of citizens’ interests at once. You can contact:

• To the house management itself or housing and communal services;
• To Rospotrebnadzor or the Housing Inspectorate;
• To the prosecutor's office or FAS;
• To court.

All these authorities differ significantly from each other both in the form of the complaint itself and in the methods of work. So let's look at them separately, dividing them into categories.

Incorrect payment of rent

The statement of claim must contain comprehensive information. A second copy of the application to the management company must be attached, which indicates the date of application and the signature of the receiving person. Judicial practice shows that as a result of lengthy proceedings, the management company recalculates and points out its own mistakes.

Info

If they were done intentionally, the manager faces administrative punishment. But often errors occur due to a malfunction of the equipment or the inattention of employees. In this case, serious liability can be avoided.

Important

But the injured party will have to return the overpaid funds and suffer financial punishment. You should not leave things to chance if you discover errors in the calculations. If the amount is small, you should not remain silent. In the future, mistakes can become significant and cause serious material damage to the family budget.

Where can I complain about incorrect rent calculations?

To do this, you need to come to them or call them. If you do not agree with their charges, write a statement about this and take it to the secretary. If it doesn’t help, you can turn to the housing and communal services inspectorate and the court for help. Well, at the initial stage, it is possible to seek clarification from the management company itself, or send a request to it with a request to check the correctness of the rent calculation. The management company must give you a written answer, based on the results of which you can decide where to complain. First, you need to contact your management company and ask for clarification regarding the incorrect accrual. If you have not received a satisfactory answer from the Criminal Code, then my advice is to contact the Housing and Communal Inspectorate.

What are utility bills? Reasons for their incorrect accrual

Every home owner or tenant is faced with the monthly need to pay for housing and communal services (HCS). Pay slips arrive already calculated or you need to make calculations yourself. The range of housing and communal services includes the following:

• Removal and disposal of household waste;
• Cold and hot water supply and sanitation;
• Room heating;
• Electricity supply;
• Gas supply;
• Maintenance of equipment (elevators, etc.).

Tariffs for utilities according to Art. 157 of the RF Housing Code are established by the authorities of the constituent entities of the Russian Federation based on the results of an independent examination of the validity of costs. In addition, a number of tariffs are set by the management company and the general meeting of owners of housing cooperatives and homeowners associations. But establishing basic tariffs is the responsibility of the Government of the Russian Federation.

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The rates themselves may vary. They are created either on the basis of a single rate, or differentiated depending on the time of day and season. The final calculation for each subject is carried out by a computer program, based on information on the resources used, submitted by consumers or based on data on the number of people living in the premises.

Where can I complain if my rent is charged incorrectly?

Attention

The basis for recalculation will be incorrect application of the tariff or incorrect indication of the size of the living space. In addition, interruptions in supply or low temperature of the coolant are also grounds for reducing payments for hot water. Electricity The basis for charging payments is the readings of intra-apartment meters, and for multi-apartment buildings, readings of communal meters are additionally taken.

Overestimation of payments may be caused by incorrect calculation of indications for general household consumption, as well as improper indication of losses during the transmission of electricity in the receipt. Gas Calculation of payments for gas supply is also carried out according to the information of the meters, and in their absence, according to the standard indicators of gas consumption for each tenant of the apartment.

What to do if the rent is calculated incorrectly?

Housing and communal services for incorrect calculation of payments and inadequate quality of services. Quality parameters and the procedure for determining payment for CG The new edition of Article 157 of the RF Housing Code establishes the following features of accounting for the quality of services provided:

• if the provision of utility services was carried out with interruptions exceeding the standard duration, the housing and communal services enterprise is obliged to recalculate the amount of payments and pay a fine to the consumer;
• similarly, recalculation and payment of fines are carried out when services are provided of inadequate quality;
• Calculation of monthly payments is carried out according to meter readings, and in their absence, according to standard indicators with the possibility of using increasing coefficients.

For each type of utility service, there are special rules for calculating payments and determining their quality.

The Ministry of Construction proposed new fines for management companies

In its bill, the Ministry of Construction proposed introducing new fines for management companies for incorrect charges for housing and communal services . We remind you that on December 28, 2015, a new version of Article 157 of the Housing Code of the Russian Federation came into force, part 6 of which establishes the obligation of the guilty management organization to pay a fine to the consumer who suffered losses for incorrectly accruing CG.

This fine must be established by a regulatory legal act of the Government of the Russian Federation. But the Ministry of Construction decided not to wait for the publication of this government regulation and introduce administrative liability for this violation of the Criminal Code in the Code of Administrative Offenses of the Russian Federation.

Thus, the ministry proposed adding part 4 to Article 14.6 of the Administrative Code of the Russian Federation with the following content:

“Violation of mandatory requirements when calculating the amount of payment for the maintenance of residential premises and fees for utility services entails the imposition of an administrative fine:

• for officials - in the amount of fifty thousand to one hundred thousand rubles or disqualification for up to three years;
• for individual entrepreneurs - from two hundred fifty thousand to three hundred thousand rubles or disqualification for up to three years;
• for legal entities - from two hundred fifty thousand to three hundred thousand rubles.”

Although Part 1 of Article 14.6 of the Code of Administrative Offenses of the Russian Federation “Violation of pricing procedures” specifies a punishment that also applies to management organizations:

“Increasing state-regulated prices (tariffs, rates, rates, etc.) for products, goods or services, maximum prices (tariffs, rates, rates, fees, etc.), inflating established markups (markups) on prices (tariffs, rates, rates, etc.), for tobacco products, overestimation of the maximum retail price indicated by the manufacturer on each consumer package (pack) entails the imposition of an administrative fine:

• for citizens - in the amount of five thousand rubles;
• for officials - fifty thousand rubles or disqualification for up to three years;
• for legal entities - in double the amount of excess revenue received from the sale of goods (work, services) due to unlawful inflation of state-regulated prices (tariffs, rates, rates, etc.) for the entire period during which the offense was committed, but not more than one year. ”

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The Ministry of Economic Development spoke negatively against the measures proposed by the Ministry of Construction to influence management organizations , since it considered that such huge fines could easily ruin them and make them bankrupt.

Where to complain if the rent is charged incorrectly

Contains case data:

1. General information about the payment receipt in which the amount was incorrectly calculated;
2. Information on filing an appeal for the purpose of peaceful resolution of the problem;
3. The official response you received;
4. Calculation of the exact amount for payments;
5. Requests to the court for rent revision;
6. Justification of requirements.

• Final part. Contains additional data:

1. Inventory of the attached case materials;
2. Plaintiff's signature;
3. Date of filing the claim in court.

Sample How to Win a Case Litigation can take a lot of your energy, time and money. So you should prepare very well for it and come to court with evidence and certain defense tactics.

Where can I complain if my rent is charged incorrectly?

It is assigned by the Housing and Communal Services or Management Company based on various factors and indications, and non-payment threatens with a variety of problems from fines to forced eviction. Payment of rent is required. But at the same time, its size must be fair. And if you have been charged the wrong amount, then you need to seek its revision, sometimes using very complex and serious methods.

In this article we will tell you how and where to complain if you have been charged your rent incorrectly. Content:

• Where to complain
• To the Management Company and Housing and Communal Services
• To Rospotrebnadzor and Housing Inspectorate
• To the prosecutor's office or FAS
• Lawsuit
• Sample
• How to win a case

Where to complain There are a fairly large number of services that can consider a complaint about incorrectly charged rent.

Application form and list of applications

In order for an appeal or claim to be accepted by government agencies, it must be drawn up in accordance with the requirements of Article 7 of Federal Law No. 59. Complaints for unlawful charging of communal services sent to the prosecutor's office, Rospotrebnadzor, the Housing Inspectorate and the Housing and Communal Services Department are similar and differ only in the name of the body. The document states:

1. Name of the organ.
2. Information about the applicant.
3. Information about the tenant and the property.
4. Indication of an error in the calculations.
5. Description of your own calculation.
6. Links to contract clauses and laws.
7. Requirement. You can immediately indicate 2 or more requirements: bring the guilty person to justice and make a recalculation.
8. List of evidence attached to the application.
9. Signature.

To these applications, a person living in an apartment building must attach: papers for the apartment, past receipts, a check for payment of state duty, a receipt with an incorrect count, his own count, a claim to the Criminal Code.

After receiving an application, competent persons are required to consider it within 15 days from the date of acceptance. If the arguments specified in the appeal are confirmed, then authorized persons are obliged to hold the TZhK employee and his manager accountable for incorrectly calculating the utility bill. The person must make payment for unlawful acts within 60 days from the date of the order.

For unlawfully inflating the amount of utility bills, the contractor incurs financial losses. But many people don’t know where to complain so that the culprit is punished. And therefore they allow their rights to be violated. In order not to overpay for housing and communal services, it is necessary to immediately appeal the illegal actions of the perpetrators, without paying a fee for the services provided.

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Checking the accrual of utility bills in 2017

The form of receipt for payment of utilities must indicate:

• payment type;
• number of services provided;
• tariff used in calculation;
• total amount of utilities payable.

In each receipt, at the top of the list of utilities are services for the maintenance and repair of housing. When calculating this service, specialists use the tariffs established by the relevant committee. This service is calculated based on the number of citizens registered in the apartment, and includes:

• maintenance and current repairs of the house;
• maintenance of the elevator and internal gas supply system;
• home management;
• regular cleaning of the garbage chute, etc.

When calculating gas and water consumption (hot and cold), experts also take into account the number of residents in each residential premises.

To whom and where should I complain?

There are several authorities where the payer can apply. It is important to take into account that you first need to make such a request to the management company (HOA), and only then, if necessary, file a complaint with the regulatory authorities.

Management Company

So, if a management company or other organization with appropriate authority is responsible for the maintenance of the apartment building, then you first need to go there.

According to the law, the management company is obliged to recalculate and eliminate the error. But in practice, residents rarely have the necessary information about tariffs to suspect an increase in the cost of services.

And this despite the fact that such information is not confidential. You can find out more information about tariffs in the Criminal Code or on the website of the local government

. Each region also has a special “hotline” where you can not only leave a complaint, but also clarify the current tariffs.

Utility costs may be incorrect for many reasons. Sometimes the residents themselves provide the information incorrectly, and sometimes it’s just a mistake. Although there are often situations when management companies deliberately inflate prices, profiting from residents.

If the management company agrees to recalculate, the situation may have several options for development. If the amount was underestimated, the tenant's debt will be indicated on the next receipt. If the cost is overestimated, the overpayment will be taken into account when paying for utilities next month.

Control and supervisory authorities

The Criminal Code may or may not admit the mistake. In this case, you need to contact the relevant authorities exercising supervision in the housing and communal services sector.

. These are the housing inspection and Rospotrebnadzor.

You need to write a statement to the housing inspectorate if you have been scammed in paying for utilities. But if, in addition to inflated prices, the management company provides low-quality services (or does not provide them at all), then Rospotrebnadzor deals with this.

But you need to go to the regulatory authorities only after contacting the Criminal Code. It is advisable that the tenant has a written refusal to carry out the recalculation.

If you skip this stage, the applicant will still first be sent to resolve the situation in the Criminal Code. The resident may seek clarification on his own, but this usually takes longer.

Prosecutor's office

Another option is to contact the prosecutor's office. Typically used if the previous two methods did not produce any results

.
Based on the complaint, the prosecutor's office will issue an order to eliminate the violation
. Usually this is enough for the management company to admit an error in the payment.

Court

And the final authority is the court. Residents usually rarely use this method, since it involves a tedious procedure for preparing an evidence base and additional financial costs. Therefore, such issues are resolved in court only when it comes to a significant overpayment for utilities.

Where can I complain about incorrect housing and communal services charges?

1. Go to the FTS website.
2. Go to the “Calculators” tab.
3. Read the text carefully and proceed to the calculation.
4. Fill in the details.
5. Get a quote.

It is worth noting that the resulting calculation is not always accurate. It is carried out according to tariffs provided by executive authorities in the FTS. The data obtained should be taken as information for information. But, if the readings on the payment slip and on the computer monitor differ significantly, then you should contact the management company for clarification. This method is convenient and easy to obtain information. The downside is the unreliability of the data. You shouldn’t immediately panic or run to the prosecutor’s office with accusations of deception.

Where can I complain if my rent is charged incorrectly?

To begin with, the information is double-checked with the management company, and then recalculated. In the management company The management company bears responsibility for incorrect calculation of utility bills. If errors are discovered, the payer has the right to go to court to recover material and moral damage.

For this, utility companies face a serious fine. Therefore, it is not profitable for them to deceive consumers. But this does not always stop suppliers, so periodic inspections need to be carried out. To check the correctness of rent calculation through the management service, you need to submit a written application.

It is written in two copies - one is submitted for review, the second with the signature of the recipient remains with the consumer. The application indicates the essence of the appeal, the claim. You can write in free form.

Fines to management companies for incorrect calculation of fees for corporate governance

We have already told you that with the adoption, management organizations have a new fine - for incorrectly calculated fees for utility services.

An important clarification: the fine is received by the one who incorrectly calculated the amount of the fee, and this is not necessarily the contractor. Today we will explain what to do if you receive an application from a consumer to pay a fine.

3159If you incorrectly charged the consumer for utility services, he has the right to write an application for payment of a fine (). The fine is paid by the one who made the mistake in the calculations. After receiving the application, be sure to register it and check the calculation of the fee for the CG. If the consumer is wrong and you have charged the fee correctly, refuse payment without a twinge of conscience.

And if you are right, determine the amount of the fine and pay it. The full procedure for paying the fine is outlined in. If you notice that you made a mistake in the calculations after you have issued receipts and delivered them to consumers, do not hesitate. Make a recalculation before the consumer discovers an error and comes to you with an application for payment of a fine (). Whether you like it or not, the application must be registered in the register of incoming correspondence.

It is impossible to refuse to consider a complaint.

Since there are no special requirements for filling out an application, you will not be able to refer to incorrect content, method of sending or title (for example, “Appeal”, “Complaint”). Any consumer of CU () can submit an application. 41707Once you have received and filed your fine, you have thirty days to verify that the fine has been assessed correctly.

You will have to pay a fine if: you made a mistake in calculating the fee; this error increased the amount of the fee; you did not eliminate the error before the consumer wrote an application or paid for the CG. These three grounds must be present simultaneously (), only in this case you pay the fine. After checking, make one of the decisions: pay a fine because there is a violation; refuse payment because there is no violation. You can recognize the violation and pay the fine to the consumer in full or in part ().