Whether will return money to the utility? And how really to force them to do it

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Вернут ли деньги коммунальщики? И как реально заставить их это сделать

 

Photo: Russian Look/Global Look Press

 

According to experts, introduced in 2014 licensing of the management companies had no impact on the quality rendered to the population of utilities. Moreover, three months ago, the UK had the opportunity not to sue for the debts with each owner separately, and immediately submit to the court a collective complaint on the defaulters. And how effectively the law protects the interests of ordinary citizens?

It seems that the staff of communal services in Russia either completely do not understand current legislation, or spit on him like a large bell tower.

One of the most striking evidence of this thesis, perhaps, can be considered the message a press-services of the Moscow state residential inspection. In early September, it informed the public and the media that from the beginning, from the residents of the capital, the Agency received about 60 thousand complaints on the work of public services, of which more than 9 thousand were related to the incorrect calculation of payments for utilities and resources. Within the framework of organized checks revealed that residents throned in total overpaid public utilities a significant amount — 40 million rubles.

In the press service of the Moscow region Goszeminspektsii such cash expenditures did not appear, but the message about the detection of excessive charges on the part of the performers and the utility providers appear on the website of the organization just like mushrooms after rain. Only last week there were three. So, on September 23, the office of Vadim Sokov has obliged a management company from Klin to return the residents of 500 thousand rubles, illegally charged for hot water, September 22 issued an order to public utilities of the city Reutov to give back to 750 thousand rubles for the faulty garbage disposal, and on 21 September ruled against the UK from the heading to return to the payers and a half million rubles for heating homes.

However, the capital iminspector never tire to clarify: all questions regarding the allocation of payments, the owner must decide first and foremost through dialogue with the management company. And in the parent Supervisory authority should apply only after this the conversation came to a standstill.

But where to begin this dialogue and how to understand that public service is not high quality? Some clarification on this subject gave “SP” President of the Guild of lawyers real estate market, the Chairman of inter-regional arbitration court of Moscow and the Moscow region, lawyer Oleg Sukhov.

“SP”: — first, let’s be clear, what exactly did the apartment owner may require from housing and communal services recalculation? For example, can it be done, if tap water is insufficient in temperature, and her head seems too weak? Or, say, UK are not responsible for cleaning the entrances, but regularly charges a fee for ONE on hot and cold water?

In accordance with the Decree of the RF Government dated 06 may 2011 № 354 “About provision of utilities to owners and users of premises in apartment buildings and residential houses”, the owner, as the tenant of the apartment, is entitled to require from the management company allocation for any service not provided according to the norm.

 

“SP”: — how to understand that the service does not meet this same standard? Would be taken as evidence of poor quality of service parameters, measured using household appliances? For example, can measure the temperature of hot water in the usual baby water thermometer, or do we need to use some other device? And than to measure the noise level or the amount of the water pressure at the tap? Or you can file a complaint simply on the basis of subjective sensations?

Undoubtedly, you can file a complaint and on the basis of their own experiences. However, as practice shows, the desired effect — a hotfix from the UK — will be achieved only after the trial where necessary to provide for confirmation of the validity of their claims, expert opinion.

“SP”: — What verification activities described by the appellant is obliged to carry out data management company? What documents must be prepared by the reviewer, and that this must be signed by the tenants?

— This situation is not exactly settled law. In fact, the management company is only obligated to provide a written answer to the application within thirty days.

“SP”: — How long may be recalculated if the improper quality of rendered municipal services is still to be proven? Could the perpetrator (criminal code or the supplier and the organization) to put forward against the tenant-appellant any counter-claim?

— Recalculation is to be carried to the next accrual date of the payment, as the UK seeks only to minimize losses but not to give up profits. In most cases, the recalculation occurs after the court decision comes into force.

“SP”: — Can to fine the appellant, for example, for the “false accusation”?

Providing false information is a concept from the Penal code (article 306 of the criminal Code), in this case it does not apply with respect to the tenant-appellant. If his complaint is far-fetched, and the case is in court, he will have to pay entertainment expenses to an attorney for the criminal code.

“SP”: — whether there will be a situation where the supplier and the organization and the UK will be to handle the responsibility on each other? And how in this case lead to the affected tenant?

— With regard to relations between the management company and resursniye, they are clearly regulated by law (decree of the Government of the Russian Federation No. 354 and No. 471), namely, the defined area of responsibility. That is, any expert can accurately determine what was a mistake — managers or resursniye.

“SP”: — What “gotchas” should be wary, in principle, a complaint filed in public utilities?

In practice there were cases when the Complainants began inexplicably to turn off the light, water and so on. I want to remind you that any complaint has to be a collective that will amplify the response of the government and to reduce the damage from the management company.

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