What to do when a claim for utility bills is filed in court? In such cases, the initiator of going to court is the manager; a subpoena can be issued to all those persons who do not fulfill their obligations to pay for housing. These are owners, tenants under a rental agreement. And family members of the owner (tenant) can become defendants in claims by way of recourse, since they also have housing responsibilities.
Check out an example of a statement of claim for the collection of utility bills if you are preparing a claim yourself. Or brought as a defendant in this category of cases. Consideration of a claim has nuances that can help in defending your position in court. In addition, consultation with a professional lawyer on the site will help you navigate any situation.
Please note that in most cases a court order is issued, since such claims can be considered in a writ procedure (for a claim price of up to 500,000 rubles). The debtor may submit an application to cancel the court order. And then the plaintiff will be forced to file a claim.
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Claim for utility bills
The procedure for collecting utility bills
Let us immediately note that this procedure is not too complicated and has three stages: pre-trial, judicial and enforcement proceedings:
- The pre-trial procedure for collecting utility bills involves filing a claim against the defaulter. Such collection of utility bills cannot be called effective, since no more than 30% of debtors respond to it. A notice of disconnection from a utility service gives the greatest result in working with debtors (follow the link for more details on the procedure for disconnecting utilities for non-payment).
- Court. Mostly housing and communal services resort to judicial proceedings. Since it takes a long time to wait for payment during a peaceful settlement of the conflict, moreover, issues of quality of services provided by the service organization or recalculation constantly arise between the parties. As a rule, all controversial issues cannot be resolved without a trial.
- Execution of a court decision. Next, the court receives a writ of execution or a court order, submits an application to initiate enforcement proceedings at the bailiff service, and begins enforcement of collection of amounts collected from the debtor.
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How is the statute of limitations for utility bills calculated?
The initial stage of the process after a claim is the issuance of a court order. In this case, one should also take into account such a term as the statute of limitations, according to which debts are collected for services already provided exclusively without fail within a certain time period.
Please note that the time frame for collecting utility bills is provided as a general one (it is set for 3 years for claims from the moment the debt was incurred for the current month).
The debt is collected for payments within an indefinite payment period, a uniform period of 3 years is applied. During this period, a person has the right to pay off the debt, distributing it at his discretion over the entire period, but at the same time he risks receiving penalties for using the money.
Claim for collection of utility bills or court order
Collection of utility payments by court order or through litigation in the event of an obvious dispute is beneficial for both the debtor and housing and communal services. The court for the collection of debts on utility bills makes it possible for utility companies to obtain a writ of execution and begin proceedings to force the debt to be closed, and helps citizens understand the correctness of the accrual.
Why is a court order for utilities more profitable?
If the debtor has not responded to the pre-trial claim, we begin to go to court. In any case, if there is no particular dispute regarding charges, it is advantageous to start with an application to the magistrate for the issuance of a court order for the amount of utility debt.
IMPORTANT: during writ proceedings, the management company saves on state fees by receiving a 50% discount on it, and there is also a reduced period of time spent on judicial consideration of the application.
When is a claim for collection of utility bills required?
If the debtor has sent an objection to the court order to the magistrate or there is a clear dispute over charges, then the housing and communal services service files a claim for collection of utility payments. After which, meetings will be scheduled, for which the utility service must have strong evidence and present it in the form of:
- debt period;
- amounts;
- the entire period of late payments;
- the amount of penalties accrued for late payments;
- the amount of expenses for initiating legal proceedings.
If the service wins, the debtor is obliged to pay the court collection of utility payments in the form of the principal debt for services, accrued penalties and all legal costs.
A court order for the collection of utility bills from registered persons automatically comes into force if the debtor refuses to receive it or does not send an objection to the judge. In this case, housing and communal services have the opportunity to submit an order to the bailiff service.
IMPORTANT: watch the video on the topic of recalculation of utility bills, disputes with management companies: advice from a lawyer on housing issues
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\fi720\qj\hyphpar1\sb0\sa0 \f4\fs24 \cs65552\f4\fs24 \par\pard \pard\plain \fi720\qj \hyphpar1\sb0\sa0 \f4\fs24 \fi698\qr \cs65552\f4\fs24 Plaintiff: [{\cs26\b1\cf17 \b1\cf17 F.\~I.\~O./name}]\line if the plaintiff is a citizen:\line place of residence: [{\cs26\b1\cf17 \b1\cf17 enter the required}]\line date and place of birth: [{\cs26\b1\cf17 \b1\cf17 enter the required}]\ line place of work/date and place of state registration\line as an individual entrepreneur: [{\cs26\b1\cf17 \b1\cf17 enter the required}]\line phone/fax: [{\cs26\b1\cf17 \b1\cf17 enter the required}]\line email address: [{\cs26\b1\cf17 \b1\cf17 enter the required}]\line if the plaintiff is an organization:\line address: [{\cs26\b1\cf17 \b1\cf17 enter required}]\line phone/fax: [{\cs26\b1\cf17 \b1\cf17 enter required}]\line email address: [{\cs26\b1\cf17 \b1\cf17 enter required}]\par\ pard \pard\plain \fi720\qj\hyphpar1\sb0\sa0 \f4\fs24 \cs65552\f4\fs24 \par\pard \pard\plain \fi720\qj\hyphpar1\sb0\sa0 \f4\fs24 \fi698\ qr \cs65552\f4\fs24 Defendant: [{\cs26\b1\cf17 \b1\cf17 F.\~I.\~O./name}]\line if the defendant is a citizen:\line place of residence: [{\ cs26\b1\cf17 \b1\cf17 enter the required one}]\line date and place of birth (if known): [{\cs26\b1\cf17 \b1\cf17 enter the required one}]\line place of work (if known): [ {\cs26\b1\cf17 \b1\cf17 enter the required one}]\line [{\cs26\b1\cf17 \b1\cf17 one of the identifiers: SNILS; TIN; series and number\line of the identity document; OGRNIP; series and\line number of the driver's license; series and number\line of the vehicle registration certificate}]\line if the defendant is a legal entity:\line address: [{\cs26\b1\cf17 \b1\cf17 enter the required one}]\line TIN (if known): [{ \cs26\b1\cf17 \b1\cf17 enter the required one}]\line OGRN (if known): [{\cs26\b1\cf17 \b1\cf17 enter the required one}]\par\pard \pard\plain \fi720\qj Price of the claim : [{\cs26\b1\cf17 \b1\cf17 amount in figures and words}]\~rubles\par\pard \pard\plain \fi720\qj\hyphpar1\sb0\sa0 \f4\fs24 \cs65552\f4\fs24 \par\pard \pard\plain \s1\qc\hyphpar1\sb108\sa108 \f4\fs24\b1\cf17 Statement of claim\line for recovery by way of recourse from the tenant of non-residential premises of debt for payment of fees for operating and utility services\par \pard \pard\plain \fi720\qj\hyphpar1\sb0\sa0 \f4\fs24 \cs65552\f4\fs24 \par\pard \pard\plain \fi720\qj\hyphpar1\sb0\sa0 \f4\fs24 \cs65552 \f4\fs24 [{\cs26\b1\cf17 \b1\cf17 Day, month, year}] between [{\cs26\b1\cf17 \b1\cf17 F.\~I.\~O./name of plaintiff} ] (hereinafter referred to as the plaintiff, lessor) and [{\cs26\b1\cf17 \b1\cf17 F.\~I.\~O./name of the defendant}] (hereinafter referred to as the defendant, tenant) entered into a lease agreement for non-residential premises N\ ~[{\cs26\b1\cf17 \b1\cf17 value}], under the terms of which the plaintiff undertakes to provide the defendant for a fee for temporary possession and use of non-residential premises located in [{\cs26\b1\cf17 \b1\cf17 enter the required - residential building, retail and office building, office, etc.}] on the [{\cs26\b1\cf17 \b1\cf17 value}] floor of a [{\cs26\b1\cf17 \b1\cf17 value}]-storey building , having a total area of [{\cs26\b1\cf17 \b1\cf17 value}] sq. m and consisting of [{\cs26\b1\cf17 \b1\cf17 value}] rooms (hereinafter referred to as non-residential premises).\par\pard \pard\plain \fi720\qj\hyphpar1\sb0\sa0 \f4\fs24 \ cs65552\f4\fs24 The non-residential premises are equipped with communal infrastructure systems: [{\cs26\b1\cf17 \b1\cf17 enter what is needed - cold and hot water supply, sewerage, electricity and heat supply, provided with communication means: telephone, internet}] (paragraph [{\cs26\b1\cf17 \b1\cf17 value}] of the contract).\par\pard \pard\plain \fi720\qj\hyphpar1\sb0\sa0 \f4\fs24 \cs65552\f4\fs24 By virtue of clause [ {\cs26\b1\cf17 \b1\cf17 meaning}] of the contract, non-residential premises are provided to the defendant for [{\cs26\b1\cf17 \b1\cf17 indicate the intended use}].\par\pard \pard\plain \fi720\qj \hyphpar1\sb0\sa0 \f4\fs24 \cs65552\f4\fs24 Lease term for non-residential premises: [{\cs26\b1\cf17 \b1\cf17 indicate the term}].\par\pard \pard\plain \fi720\qj \hyphpar1\sb0\sa0 \f4\fs24 \cs65552\f4\fs24 The rented non-residential premises were transferred to the defendant [{\cs26\b1\cf17 \b1\cf17 day, month, year}] on the basis of the non-residential premises acceptance certificate.\ par\pard \pard\plain \fi720\qj\hyphpar1\sb0\sa0 \f4\fs24 \cs65552\f4\fs24 Maintenance of [{\cs26\b1\cf17 \b1\cf17 trade and office building/apartment building/other building }], in which the rented non-residential premises are located, carries out [{\cs26\b1\cf17 \b1\cf17 name of the management organization}] (hereinafter referred to as the management organization) on the basis of a management agreement N\~[{\cs26\b1\cf17 \ b1\cf17 value}] from [{\cs26\b1\cf17 \b1\cf17 day, month, year}].\par\pard \pard\plain \fi720\qj\hyphpar1\sb0\sa0 \f4\fs24 \ cs65552\f4\fs24 For the period from [{\cs26\b1\cf17 \b1\cf17 day, month, year}] to [{\cs26\b1\cf17 \b1\cf17 day, month, year}] the defendant developed debt to pay for operating and utility services in the amount of [{\cs26\b1\cf17 \b1\cf17 amount in figures and words}]\~rubles, which is confirmed by an account statement.\par\pard \pard\plain \fi720\ qj\hyphpar1\sb0\sa0 \f4\fs24 \cs65552\f4\fs24 By the final decision of [{\cs26\b1\cf17 \b1\cf17 name of the arbitration court}] dated [{\cs26\b1\cf17 \b1 \cf17 day, month, year}] in case N\~[{\cs26\b1\cf17 \b1\cf17 value}] from the plaintiff, as the owner of non-residential premises, in favor of the management organization, [{\cs26\b1\cf17 \b1\cf17 amount in figures and words}] rubles, including [{\cs26\b1\cf17 \b1\cf17 amount in figures and words}] rubles of debt for payment of fees for operating and utility services, [{\cs26\b1 \cf17 \b1\cf17 amount in figures and words}] rubles fines, [{\cs26\b1\cf17 \b1\cf17 amount in figures and words}] rubles of expenses for paying the state duty.\par\pard \pard\plain \fi720 \qj\hyphpar1\sb0\sa0 \f4\fs24 \cs65552\f4\fs24 The plaintiff executed the specified decision of the arbitration court in full, which is confirmed by payment order N\~[{\cs26\b1\cf17 \b1\cf17 value}] from [{\cs26\b1\cf17 \b1\cf17 day, month, year}].\par\pard \pard\plain \fi720\qj\hyphpar1\sb0\sa0 \f4\fs24 \cs65552\f4\fs24 Relationships the parties are regulated by the lease agreement concluded between them, regulated by the rules cf18 chapter 34}}} of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation). \*\fldinst {HYPERLINK “https://internet.garant.ru/document/redirect/10164072/20606”}}{\fldrslt {\cs24\b0\cf18 article 606}}} Civil Code of the Russian Federation under a lease agreement (property lease ) the lessor (lessor) undertakes to provide the lessee (tenant) with property for a fee for temporary possession and use or for temporary use. \fs24 In accordance with {\field{\*\fldinst {HYPERLINK “https://internet.garant.ru/document/redirect/10164072/309”}}{\fldrslt {\cs24\b0\cf18 Articles 309}} }, {\field{\*\fldinst {HYPERLINK “https://internet.garant.ru/document/redirect/10164072/310”}}{\fldrslt {\cs24\b0\cf18 310}}} Civil Code of the Russian Federation obligations must be performed properly in accordance with the terms of the obligation and the requirements of the law and other legal acts. Unilateral refusal to fulfill an obligation is not allowed.\par\pard \pard\plain \fi720\qj\hyphpar1\sb0\sa0 \f4\fs24 \cs65552\f4\fs24 By virtue of {\field{\*\fldinst {HYPERLINK “https ://internet.garant.ru/document/redirect/10164072/6162"}}{\fldrslt {\cs24\b0\cf18 paragraph 2 of article 616}}} of the Civil Code of the Russian Federation the tenant is obliged to maintain the property in good condition, at his own expense current repairs and bear the costs of maintaining the property, unless otherwise provided by law or the lease agreement.\par\pard \pard\plain \fi720\qj\hyphpar1\sb0\sa0 \f4\fs24 \cs65552\f4\fs24 cs26\b1\cf17 \b1\cf17 meaning}] the agreement establishes the obligations of the tenant in terms of maintaining the rented premises in good condition and incurring expenses for its maintenance, timely and at his own expense, carrying out routine repairs.\par\pard \pard\plain \fi720 \qj\hyphpar1\sb0\sa0 \f4\fs24 \cs65552\f4\fs24 By virtue of clause [{\cs26\b1\cf17 \b1\cf17 value}] of the contract, payment for operating and utility services is not included in the rent amount. \par\pard \pard\plain \fi720\qj\hyphpar1\sb0\sa0 \f4\fs24 \cs65552\f4\fs24 Due to {\field{\*\fldinst {HYPERLINK “https://internet.garant.ru /document/redirect/10164072/210"}}{\fldrslt {\cs24\b0\cf18 Article 210}}} of the Civil Code of the Russian Federation the owner bears the burden of maintaining the property belonging to him, in connection with which the amount of debt for payment was collected from the plaintiff for operating and utility services, penalties and legal expenses.\par\pard \pard\plain \fi720\qj\hyphpar1\sb0\sa0 \f4\fs24 \cs65552\f4\fs24 However, by virtue of paragraph [{\cs26\b1 \cf17 \b1\cf17 meaning}] of the above-mentioned lease agreement, the responsibility for timely payment of fees for operating and utility services lies with the defendant.\par\pard \pard\plain \fi720\qj\hyphpar1\sb0\sa0 \f4\fs24 \cs65552 \f4\fs24 According to {\field{\*\fldinst {HYPERLINK “https://internet.garant.ru/document/redirect/10164072/10811”}}{\fldrslt {\cs24\b0\cf18 paragraph 1 of Article 1081 }}} of the Civil Code of the Russian Federation, a person who has compensated for damage caused by another person (an employee in the performance of official, official or other labor duties, a person driving a vehicle, etc.) has the right to claim back (recourse) to this person in the amount of compensation paid, unless a different amount is established by law.\par\pard \pard\plain \fi720\qj\hyphpar1\sb0\sa0 \f4\fs24 \cs65552\f4\fs24 Thus, the plaintiff, who has repaid the defendant’s debt, has the right of recourse (recourse) to this person in the amount of the compensation paid. cf17 \b1\cf17 Day, month, year}] the plaintiff sent a claim to the defendant, in which the latter was asked to repay the debt by [{\cs26\b1\cf17 \b1\cf17 indicate the period}] from the moment of receipt of the claim by way of recourse payment for operating and utility services in the amount of [{\cs26\b1\cf17 \b1\cf17 amount in figures and words}] rubles for the period from [{\cs26\b1\cf17 \b1\cf17 day, month, year}] by [{\cs26\b1\cf17 \b1\cf17 day, month, year}].\par\pard \pard\plain \fi720\qj\hyphpar1\sb0\sa0 \f4\fs24 \cs65552\f4\fs24 This the claim was received by the defendant [{\cs26\b1\cf17 \b1\cf17 day, month, year}], which is confirmed by [{\cs26\b1\cf17 \b1\cf17 enter the required one}].\par\pard \pard\plain \fi720\qj\hyphpar1\sb0\sa0 \f4\fs24 \cs65552\f4\fs24 In order to reconcile the parties [{\cs26\b1\cf17 \b1\cf17 indicate information about the actions taken by the party (parties) aimed at reconciliation, if such actions were taken}].\par\pard \pard\plain \fi720\qj\hyphpar1\sb0\sa0 \f4\fs24 \cs65552\f4\fs24 Since to date the plaintiff’s demands have not been fulfilled voluntarily by the defendant, the plaintiff is forced file this claim in court.\par\pard \pard\plain \fi720\qj\hyphpar1\sb0\sa0 \f4\fs24 \cs65552\f4\fs24 Based on the above, guided by {\field{\*\fldinst {HYPERLINK "https://internet.garant.ru/document/redirect/10164072/309"}}{\fldrslt {\cs24\b0\cf18 Articles 309}}}, {\field{\*\fldinst {HYPERLINK "https: //internet.garant.ru/document/redirect/10164072/310"}}{\fldrslt {\cs24\b0\cf18 310}}}, {\field{\*\fldinst {HYPERLINK "https://internet. garant.ru/document/redirect/10164072/616"}}{\fldrslt {\cs24\b0\cf18 616}}}, {\field{\*\fldinst {HYPERLINK "https://internet.garant.ru/ document/redirect/10164072/1081"}}{\fldrslt {\cs24\b0\cf18 1081}}} Civil Code of the Russian Federation, {\field{\*\fldinst {HYPERLINK "https://internet.garant.ru/document/ redirect/12127526/125"}}{\fldrslt {\cs24\b0\cf18 Articles 125}}}, {\field{\*\fldinst {HYPERLINK "https://internet.garant.ru/document/redirect/12127526 /126"}}{\fldrslt {\cs24\b0\cf18 126}}} APC of the Russian Federation,\par\pard \pard\plain \fi720\qj\hyphpar1\sb0\sa0 \f4\fs24 \cs65552\f4\fs24 \par\pard \pard\plain \fi720\qj\hyphpar1\sb0\sa0 \f4\fs24 \fi698\qc \cs65552\f4\fs24 please:\par\pard \pard\plain \fi720\qj\hyphpar1\sb0 \sa0 \f4\fs24 \cs65552\f4\fs24 \par\pard \pard\plain \fi720\qj\hyphpar1\sb0\sa0 \f4\fs24 {\*\bkmkstart sub_1}\cs65552\f4\fs24 1. Collect with [{\cs26\b1\cf17 \b1\cf17 F.\~I.\~O./name of the defendant}] by way of recourse in favor of the plaintiff the amount of debt paid for him to pay for operating and utility services in the amount of [ {\cs26\b1\cf17 \b1\cf17 amount in figures and words}] rubles for the period from [{\cs26\b1\cf17 \b1\cf17 day, month, year}] to [{\cs26\b1\cf17 \ b1\cf17 day, month, year}].\par\pard {\*\bkmkend sub_1}\pard\plain \fi720\qj\hyphpar1\sb0\sa0 \f4\fs24 {\*\bkmkstart sub_2}\cs65552\ f4\fs24 2. To recover from [{\cs26\b1\cf17 \b1\cf17 F.\~I.\~O./name of the defendant}] the costs of paying the state fee.\par\pard {\*\bkmkend sub_2 }\pard\plain \fi720\qj\hyphpar1\sb0\sa0 \f4\fs24 \cs65552\f4\fs24 \par\pard \pard\plain \fi720\qj\hyphpar1\sb0\sa0 \f4\fs24 \cs65552\ f4\fs24 Appendix:\par\pard \pard\plain \fi720\qj\hyphpar1\sb0\sa0 \f4\fs24 \cs65552\f4\fs24 1) notice of delivery or other document confirming sending to other persons participating in the case , copies of the statement of claim and documents attached to it;\par\pard \pard\plain \fi720\qj\hyphpar1\sb0\sa0 \f4\fs24 \cs65552\f4\fs24 2) a document confirming payment of the state fee;\par\ pard \pard\plain \fi720\qj\hyphpar1\sb0\sa0 \f4\fs24 \cs65552\f4\fs24 3) copies of the certificate of state registration as a legal entity/individual entrepreneur;\par\pard \pard\plain \fi720 \qj\hyphpar1\sb0\sa0 \f4\fs24 \cs65552\f4\fs24 4) an extract from the unified state register of legal entities indicating the location of the plaintiff and defendant/unified state register of individual entrepreneurs;\par\pard \pard\ plain \fi720\qj\hyphpar1\sb0\sa0 \f4\fs24 \cs65552\f4\fs24 5) copy of the lease agreement for non-residential premises;\par\pard \pard\plain \fi720\qj\hyphpar1\sb0\sa0 \f4\ fs24 \cs65552\f4\fs24 6) a copy of the act of acceptance and transfer of non-residential premises;\par\pard \pard\plain \fi720\qj\hyphpar1\sb0\sa0 \f4\fs24 \cs65552\f4\fs24 7) a copy of the arbitration decision court to collect from the plaintiff the debt to pay for operating and utility services;\par\pard \pard\plain \fi720\qj\hyphpar1\sb0\sa0 \f4\fs24 \cs65552\f4\fs24 a copy of the payment order confirming the execution by the plaintiff decision of the arbitration court in full; \par\pard \pard\plain \fi720\qj\hyphpar1\sb0\sa0 \f4\fs24 \cs65552\f4\fs24 9) copies of the claim for repayment by way of recourse of debt for payment of operating fees and utilities and a document confirming its receipt;\par\pard \pard\plain \fi720\qj\hyphpar1\sb0\sa0 \f4\fs24 \cs65552\f4\fs24 10) power of attorney or other document confirming the authority to sign the claim statements;\par\pard \pard\plain \fi720\qj\hyphpar1\sb0\sa0 \f4\fs24 \cs65552\f4\fs24 11) documents confirming the performance by the party (parties) of actions aimed at reconciliation, if such actions were taken and the relevant documents are available;\par\pard \pard\plain \fi720\qj\hyphpar1\sb0\sa0 \f4\fs24 \cs65552\f4\fs24 12) [{\cs26\b1\cf17 \b1\cf17 other documents, supporting circumstances on which the plaintiff bases his claims}].\par\pard \pard\plain \fi720\qj\hyphpar1\sb0\sa0 \f4\fs24 \cs65552\f4\fs24 \par\pard \pard\plain \fi720 \qj\hyphpar1\sb0\sa0 \f4\fs24 \cs65552\f4\fs24 [{\cs26\b1\cf17 \b1\cf17 position, signature, initials, surname}]\par\pard \pard\plain \fi720\ [{\cs26\ b1\cf17 \b1\cf17 day, month, year}]\par\pard \pard\plain \fi720\qj\hyphpar1\sb0\sa0 \f4\fs24 \cs65552\f4\fs24 \par\pard }
Calculation of debt for collecting utilities
Debt occurs when a person is 30 calendar days late. From the 31st day the calculation of the debt for collecting utility bills begins. A penalty of 1/300 of the refinancing rate is charged on the amount of debt for all days of delay. Moreover, if the debtor ignores this fact within 3 months, more stringent measures are applied.
If a claim for payment of utility bills needs to be drawn up professionally, then the management company can contact us for help. If, on the contrary, a citizen requires protection, then an objection to a court order for the collection of debts on utility bills or a counterclaim for recalculation will maximally defend the interests of the debtor.
Claim for recognition of lack of debt as a method of defense
Civil Case No. 33-7223 APPEAL DECISION
On February 20, 2021, the Judicial Collegium for Civil Cases of the Moscow City Court, composed of presiding judge Gornova M.V. judges Vishnyakova N.E., Tselishcheva A.A. under secretary Naumenko D.N. after hearing in open court the report of judge M.V. Gornova. case on the appeal of Barycheva SV against the decision of the Nikulinsky District Court of Moscow dated September 13, 2017, taking into account the additional decision dated October 23, 2021, which decided: To recover from Govorovo Management Company LLC in favor of Barycheva S compensation for moral damages in the amount 5000 rubles, fine of 2500 rubles. To recover from Govorovo Management Company LLC in favor of Barycheva S B the costs of paying for the services of a representative in the amount of 15,000 rubles. The rest of the demands are to be refused, ESTABLISHED:
Byrycheva S.V. filed a lawsuit against Govorovo Management Company LLC to recognize the contract as terminated and the debt as non-existent, citing the fact that on November 14, 2015, an agreement was concluded between the plaintiff and the defendant for the provision of services for organizing access to an apartment building. Since the plaintiff lost interest in the services provided for in this agreement, and the decision of the general meeting of owners of the apartment building on the conclusion of this agreement, as well as on the provision of services provided for in the agreement to residents for a fee, was never made, the plaintiff refused security services, sending the defendant a corresponding notice of refusal from the contract. This notice was received by the defendant on January 30, 2016. However, the defendant does not consider the security agreement to have terminated and continues to charge the plaintiff fees for services under the agreement for the provision of services for organizing access to an apartment building. In addition, the defendant made charges to the plaintiff for electricity consumed in public areas in the absence of an energy supply agreement concluded by the Management Company with the resource supplying organization. Based on the above, taking into account the updated statement of claim, the plaintiff asked the court to recognize the contract for the provision of services for organizing access to an apartment building dated November 14, 2015, concluded between the plaintiff and the defendant, terminated on January 30, 2016, and to recognize as non-existent the plaintiff’s debt to the defendant under the service agreement organization of access in an apartment building dated November 14, 2015 in the amount of 10,200 rubles, accrued by the defendant for the period from June 2016 to May 2021 and until the date of the decision in the case, oblige the defendant to exclude utility bills for the apartment from receipts for the plaintiff’s payment, located at the address:, debt and accruals under the agreement for the provision of services for organizing access to an apartment building dated November 14, 2015, recognize as absent the plaintiff’s debt to the defendant under the apartment building management agreement dated November 14, 2015 for the power supply of common areas for March 2021 in the amount 942 rub. and exclude the specified debt from payment receipts, declare void clause 7.3 of the agreement for the provision of services for organizing access to an apartment building dated November 14, 2015, concluded between the plaintiff and the defendant, declare void clause 8.3 of the agreement for the provision of services for organizing access to an apartment building dated 14.11.2015 year concluded between the plaintiff and the defendant, in the part establishing the transfer of disputes related to the specified agreement to the court at the location of the defendant, invalidate clause 8.1 of the apartment building management agreement dated November 14, 2015, concluded between the plaintiff and the defendant, in part establishing that disputes under this agreement are resolved in court at the location of the apartment building at the request of one of the parties, to recover from the defendant in favor of the plaintiff compensation for moral damage in the amount of 30,000 rubles, a fine in the amount of 20,571 rubles. 00 kopecks, legal expenses for drawing up a power of attorney in the amount of 1,400 rubles, expenses for paying for the services of a representative in the amount of 40,000 rubles. The plaintiff's representative appeared at the court hearing, supported the specified claims in full and asked to satisfy them. The representative of the defendant appeared at the court hearing, asked to satisfy the claims on the grounds set out in written objections, and also asked to apply the statute of limitations. The court made the above decision, taking into account the additional decision, the cancellation of which the plaintiff requests based on the arguments of the appeal. Having checked the materials of the case, the representative of the plaintiff by proxy Shikunov E.S., the representative of the defendant by proxy Suntsov S.I., having discussed the arguments of the appeal, the judicial panel finds no grounds for canceling the appealed decision, made in accordance with the actual circumstances of the case and the requirements of the current legislation . According to paragraph 1 of Art. 782 of the Civil Code of the Russian Federation, the customer has the right to refuse to fulfill a contract for the provision of services for a fee, subject to payment to the contractor for the expenses actually incurred by him. In accordance with paragraph 1 of Art. 450.1 of the Civil Code of the Russian Federation, the right granted by this Code, other laws, other legal acts or an agreement to unilaterally refuse the agreement (execution of the agreement) (Article 310) can be exercised by the authorized party by notifying the other party of the refusal of the agreement (execution of the agreement). The contract is terminated upon receipt of this notification, unless otherwise provided by this Code, other laws, other legal acts or the contract. According to Art. 421 of the Civil Code of the Russian Federation, citizens and legal entities are free to enter into an agreement. Compulsion to enter into an agreement is not permitted, except in cases where the obligation to enter into an agreement is provided for by this Code, the law or a voluntarily accepted obligation. As established by the court of first instance and confirmed by the case materials, the plaintiff is the owner of apartment No. 309, located at the address: Moscow, st. Tatyanin Park, 16, bldg. 1. LLC “UK Govorovo” is the managing organization of the apartment building in which the plaintiff’s apartment is located, based on the results of an open competition to select a management organization to conclude an agreement for the management of apartment buildings, which is confirmed by Protocol No. 3 of September 25, 2015. On November 14, 2015, an agreement for the management of an apartment building No. 40161309 was concluded between the plaintiff and the defendant. Also on November 14, 2015, an agreement No. 40161309\ОХ was concluded between the plaintiff and the defendant for the provision of services for organizing access to an apartment building, according to which the defendant assumed obligations to provision of services for organizing access to an apartment building at the address: Moscow, Moskovsky village, st. Tatyanin Park, 16, building 1, and the plaintiff promptly and within the time limits established in the contract to pay remuneration for the fulfillment of the obligations provided for in this contract. From the explanations of the defendant, it follows that the execution of this agreement was provided by the security organization LLC "CHOP SYMBOL SB". According to clause 6.1 of this agreement, the agreement comes into force from the date of its signing by the parties and is valid for three years. The agreement is automatically renewed for the next three years on the same terms, unless either party provides the other party with written notice of its intention not to renew the agreement thirty calendar days before the expiration date of the agreement. Based on clause 7.3 of the agreement, this agreement terminates if, in accordance with the Housing Code of the Russian Federation, a decision is made by the general meeting of owners to refuse services for organizing access to an apartment building, but not earlier than 30 days from the date of notification in writing by the owners of the Management organization on the decision made by the general meeting of owners. From the explanations of the representative of the plaintiff, it follows that the plaintiff lost interest in the services provided for in this agreement, and the decision of the general meeting of owners of the apartment building on the conclusion of this agreement, as well as on the provision of services provided for in the agreement to residents for a fee, was never made, and therefore, the plaintiff refused security services, sending the defendant a corresponding notice of refusal of the contract. This notification was received by the defendant on January 30, 2016, which is confirmed by the case materials. Meanwhile, the decision of the general meeting of owners to refuse services for organizing access to the apartment building was not sent to the defendant. Refusing to satisfy the claims of Barycheva S.V. on the recognition of agreement No. 40161309\ОХ for the provision of services for organizing access to an apartment building, terminated on January 30, 2016, the court of first instance proceeded from the fact that the plaintiff signed an agreement containing a condition for its termination, while no other decisions were made at the meetings of owners , the security service was actually performed. Since the court refused to satisfy the demands to recognize contract No. 40161309\ОХ as terminated on January 30, 2016, the court’s conclusion that it refused to satisfy the plaintiff’s demands to recognize the plaintiff’s missing debt to the defendant under the contract for the provision of access services in an apartment building dated November 14, 2016 is also correct. 2015 in the amount of 10,200 rubles, accrued by the defendant for the period from June 2021 to May 2021 and until the date of the decision in the case, the defendant’s obligation to exclude from receipts for the plaintiff’s payment of utility bills for an apartment located at the address: Moscow, village Moskovsky, st. Tatyanin Park, 16, building 1, apt. 309, debt and accruals under the contract for the provision of services for organizing access to an apartment building dated November 14, 2015, since the defendant provided the services provided for in the contract, while the plaintiff provided no evidence to the contrary, in turn, the plaintiff received payment documents and arbitrarily excluded services for protection Further, the court found that, according to the terms of the apartment building management agreement concluded between the parties, the Management Company undertakes to provide the plaintiff, among other things, with utility services for electricity supply. On April 27, 2016, between Mosenergosbyt PJSC and Management Company Govorovo LLC, an energy supply agreement was concluded with the utility service provider No. 87841015. At the same time, from a copy of the receipt for payment of utility services, it follows that for March 2021 the plaintiff was charged for the consumed electricity in public areas in the amount of 942 rubles. From the explanations of the defendant in the court hearing, it follows that due to the fact that erroneous data was used to calculate the consumed resource, the payment document for March 2021 is subject to adjustment. At the moment, data on charges for electricity for general house needs for an apartment building located at the address: Moscow, Moskovsky village, st. Tatyanin Park, 16, bldg. 1, for the period March 2021, the defendant checked and recalculated. Refusing to satisfy the plaintiff’s demands for recognition of the missing debt for electricity supply to public areas for March 2021 in the amount of 942 rubles. and excluding the specified debt from payment receipts, the court proceeded from the fact that the defendant voluntarily satisfied the requirements in this part. Resolving the dispute regarding the plaintiff’s demands to invalidate clause 8.3 of the agreement for the provision of services for organizing access to an apartment building dated November 14, 2015, concluded between the plaintiff and the defendant, in the part establishing the transfer of disputes related to the specified agreement to the court at the location of the defendant , as well as on the recognition as void of clause 8.1 of the management agreement for an apartment building dated November 14, 2015, concluded between the plaintiff and the defendant, in the part establishing that disputes under this agreement are resolved in court at the location of the apartment building at the request of one of the parties, the court The first instance proceeded from the fact that the plaintiff did not provide evidence of violation of the requirements of the law or other legal act when concluding either an agreement for the provision of services for organizing access to an apartment building dated November 14, 2015, or an agreement for the management of an apartment building dated November 14, 2015. The plaintiff signed both agreements, the plaintiff did not raise any objections during the conclusion, as well as during their execution, there was no evidence that she did not agree with any clauses and conditions of the agreement when concluding the agreements, and had the intention to make changes to the agreement, the plaintiff was not presented. Satisfying the plaintiff’s demands for compensation for moral damage, the court of first instance proceeded from the fact that the requirements regarding the exclusion of the plaintiff’s debt for power supply to public places for March 2021 were voluntarily satisfied by the defendant after filing the claim, and therefore, the court reasonably came to the conclusion that recovery of compensation for moral damage in the amount of 5,000 rubles. The panel of judges finds this compensation commensurate with the moral suffering caused to the plaintiff, reasonable and fair. Guided by the provisions of paragraph 6 of Art. 13 of the Law of the Russian Federation “On the Protection of Consumer Rights” dated 02/07/1992 No. 2300-1, paragraph 46 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated 06/28/2012 No. 17 “On the consideration by courts of civil cases on the protection of consumer rights”, the court is also correct collected a fine from the defendant in the amount of 2,500 rubles. The costs of paying for the services of a representative were recovered by the court in accordance with the provisions of Art. 98, 100 of the Civil Procedure Code of the Russian Federation, taking into account the principle of reasonableness and fairness in the amount of 15,000 rubles. The argument of the appeal is that, by virtue of Art. 782 of the Civil Code of the Russian Federation and Art. 32 of the Law of the Russian Federation “On the Protection of Consumer Rights”, the plaintiff had the right to refuse the contract for the provision of services for organizing access to an apartment building, is untenable, since these rules regulate the relations that arose between the parties and do not affect the interests of third parties, and the consumer refuses the services, which are provided in relation to property owned by him personally. Meanwhile, as follows from agreement No. 40161309\ОХ dated November 14, 2015, it regulates the relations of the parties regarding the protection of an apartment building, the owner of which the plaintiff is not; she owns only one apartment. This agreement does not provide for the protection of only her apartment, and this agreement affects the interests of other owners of the house, with whom corresponding agreements were also concluded. Under such circumstances, the provisions of the agreement that it is subject to termination by decision of the general meeting of home owners do not violate the requirements of the law. The reference in the appeal to the ruling of the Supreme Court of the Russian Federation dated May 24, 2016 No. 4-KG16-9 Megapolis LLC is untenable, since the dispute considered by the courts concerned the relations that arose between an individual and a legal entity on the issue of refusal to execute a purchase agreement real estate object - land plot; These relations do not affect other persons. The argument of the appeal that the terms of the contract for the provision of services for organizing access to an apartment building dated November 14, 2015 and the management contract for an apartment building dated November 14, 2015, which determine the jurisdiction of the disputes, are void, and therefore the court incorrectly applied the statute of limitations, cannot serve as a basis for canceling the decision, since the refusal of the claim was justified by the court not only because the statute of limitations had passed. At the same time, from the case materials it is clear that these terms of the contracts did not violate the plaintiff’s rights. The statement of claim was accepted for court proceedings, despite these conditions, at the place of residence of the plaintiff as a consumer in accordance with Art. 29 Code of Civil Procedure of the Russian Federation. The argument of the appeal that the court unreasonably refused to collect a fine from the unreasonably accrued amount of debt for consumed electricity in the amount of 942 rubles is untenable, since by virtue of clause 6 of Art. 13 of the Law of the Russian Federation “On the Protection of Consumer Rights” a fine of fifty percent of the amount awarded by the court in favor of the consumer is subject to collection for failure to voluntarily comply with these requirements. Meanwhile, the specified amount was not recovered by the court. At the same time, the plaintiff did not make any demands to recover this amount from the defendant, and the defendant voluntarily did not pay the specified amount to the plaintiff, they recalculated. Other arguments in the appeal do not contain circumstances that require additional verification, were the subject of judicial review, were aimed at a different assessment of the evidence, and therefore cannot serve as a reason to cancel this decision. Under such circumstances, the court's decision on the plaintiff's claims is legal and justified; no grounds for its cancellation are seen.
