What to do if the power cut was illegal, and how to appeal it?

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:

1. for claims;
2. for complaints;
3. for lawsuits;
4. for demands to reduce the cost of electricity by 0.15 percent for each hour of violation;
5. for claims for compensation for damage caused by interruptions in the supply of electricity.

Responsibility for illegal shutdown

Liability for illegally limiting power supply depends on the extent of the damage caused. The subscriber has the right to demand compensation for moral and material compensation.

Administrative responsibility

Occurs in situations where shutdown without following a legal procedure has led to a malfunction of electrical equipment and is the cause of its breakdown.

Illegal actions of an official can be regarded under Art. 19.1 of the Code of Administrative Offenses of the Russian Federation as arbitrariness and is punishable by an administrative fine.

If the lights are turned off frequently, then the organization or official responsible for supplying the resource may be subject to penalties under Art. 7.23 of the Code of Administrative Offenses of the Russian Federation for violation of standards for providing the population with public utilities.

Since the energy sales company is a natural monopolist in the energy market, unlawful actions can be punished by imposing a fine on the responsible persons under Art. 14.31 Code of Administrative Offenses “Abuse of a dominant position in the product market.”

Compensation for moral damage can be demanded by referring to Art. 15 Federal Law “On the Protection of Consumer Rights”. The law applies to situations where electricity is used for personal purposes.

Criminal liability

Illegal power outages can be regarded as arbitrariness and be prosecuted under Article 330 of the Criminal Code of the Russian Federation. The person responsible for interrupting the supply of electricity shall be fined or sentenced to correctional labor, arrest or imprisonment if violence was used or there was a threat of violence.

According to paragraph 1 of Art. 215.1 of the Criminal Code of the Russian Federation, if the illegal shutdown resulted in major damage, serious harm to health or other consequences, the official will be punished with a fine, correctional labor or imprisonment.

If unlawful actions led to the death of a person, the proper person will be held accountable under clause 2 of Art. 215.1 of the Criminal Code of the Russian Federation. Possible penalties will be: forced labor with deprivation of the opportunity to work in a certain position or engage in certain activities, or imprisonment.

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:

1. disconnection of debtors should not harm the interests of bona fide payers, that is, disconnections can only be of an individual nature;
2. disconnection should not damage consumer household appliances;
3. Disconnection may not be carried out by employees of the management company or housing department;
4. disconnection is not carried out (even if there are debts) in winter in houses heated using electricity;
5. 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.

How to get electricity back?

If you have the funds to pay all bills and the procedure for turning off your electricity was carried out according to the law in compliance with all formal notifications. The best way to resolve this situation would be to immediately do the following:

1. First, you need to deposit the amount of debt into the account of the service organization. If you simply have complex financial problems and electricity debts may subsequently occur on a regular basis, then you have the right to write an application directly at the company’s office for permission to make the entire payment in installments. Most likely they will not refuse you, because in this case the power engineers will meet you halfway and understand the complexity of the situation.
2. After the necessary documents for the installment plan have been issued to you, you need to go with them to the management company and explain the situation on the spot, paying part of the debt for electricity.
3. After fulfilling the above obligations, an electrician will come to you within the agreed time frame and return the electricity to you again.

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:

1. the name of the addressee, that is, the body to which the claim is sent;
2. Full name (name for legal entities) of the author of the claim and his address;
3. information about the agreement under which electricity is supplied;
4. description of the events that led to dissatisfaction: illegal shutdown, supply interruptions, etc.;
5. requirements for the body to which the claim is sent. We remind you that you can only demand from the energy supply organization;
6. justification of requirements - reports, examinations, defect detection certificates, certificates from the warranty workshop, etc.;
7. list of applications. The list includes all documents (copies thereof) on which the requirements are based;
8. 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.

Expert opinion

Our company was founded in 2005, which explains the consistency and high level of income in order to open more and more branches. Currently, we have more than 7 million consumers, which include not only individuals, but also organizations, so already in 2015 we earned the title of the largest household company.

Of course, requests, requests and complaints are made to us, which we are obliged to consider and respond to within the period prescribed by law. And we adhere to this time interval and try to respond to each citizen and consider his situation individually. All complaints and suggestions can be sent to us on the official website or by calling the hotline.

Each request makes us better, so we accept them with pleasure, believing that this is one sure step towards contact with human consumers.

Head of the main branch of the Russian Energy Sales Company Kovalev A.V.

Consideration

In accordance with the Law of the Russian Federation “On the Procedure for Considering Citizens’ Appeals,” the period for consideration of a claim, complaint or application is thirty days.

That is, at the end of this period, the body to which you applied must give you a written response.

If your complaint was sent to the FAS or Rospotrebnadzor, then you will definitely receive an answer. As for the claim to the energy supply organization, the chance of achieving what you want is directly proportional to the validity of the claim.

If the arguments are justified, and the text contains a warning about the intention to go to court, then you will be given an answer. It won't necessarily be positive, since electricity suppliers are seasoned in dealing with claims, but there will still be a response. In the future, if you go to court, the response will need to be attached to the statement of claim.

What should the complaint contain?

There is no specific structure for writing a complaint; it can be written in any form, but you must adhere to the structure so as not to forget about certain points.

All available evidence must be attached to the complaint. Not only a citizen whose interests were specifically affected in this case can file a complaint.

The complaint will not be considered if it is submitted:

1. Not in Russian;
2. Contains insults and obscene language;
3. If this complaint has already been considered and a response has been received within the period established by law.

Accordingly, in order for the complaint to be considered, you must adhere to these tips. The complaint can be written either independently or with the help of a professional lawyer who will immediately assess the damage received, if any.