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

Electrical energy plays a huge role in the life of modern man. Our entire daily life is tied to an uninterrupted supply of current. If there has been a deliberate power outage, it is important to check whether this action is legal or whether it represents negligence on the part of the electricity supplier.

Let's find out how to defend your rights in case of illegal shutdown.

Reasons

Power outages must be carried out in accordance with the law. The fact is that the absence of light automatically makes the room unsuitable for living, which is a violation of the Housing Code of the Russian Federation. For this, the person who cut off the power to the apartment may be held accountable.

To stop supplying light, the supplier must have a valid reason, namely, payment arrears for more than two months. In this case, the debtor must be notified of the upcoming power outage, first 20 days in advance, then three days in advance. If he ignores the warnings, the electricity will be turned off completely or partially (for example, consumption will be reduced).

Please note that the calculation is based on the average standard and not the actual period of non-payment. For example, this norm for an apartment is 900 rubles per month, and a citizen pays approximately 700 rubles. If he regularly transmits meter readings, the procedure for turning off the lights will begin when a debt accumulates in the amount of 1,800 rubles. If the consumer does not provide this data, then after two months the first notification will be sent to him.

During the coronavirus pandemic, a moratorium was introduced on charging penalties and turning off lights for non-payment. However, since the beginning of 2021, it has ceased to apply - resource supply companies can stop supplying electricity on the usual grounds.

In some situations, shutdowns may occur without prior notice. For example, when an accident or natural disaster occurred, an order was received from supervisory authorities. Sometimes the culprit is the owner of the square meters himself, who:

• uses powerful devices that create excessive load on the electrical network;
• installed a bug on the meter or did not report its malfunction;
• uses electricity bypassing metering devices.

If your power is turned off, first find out why. To do this, you need to call the supplier company's hotline.

How to write a complaint to Mosenergosbyt

The main thing in the complaint is to indicate who it is from, indicate the essence of the problem, the requirement for the prosecutor's office. The requirements must comply with the content of the legislation on the prosecutor's office. ——————————————————————— Lawyer’s answer to the question: we don’t know how to write a complaint to Mosenergosbyt, whether you wrote it that way or not.

There is no set form; you simply state the essence of the problem and formulate your request.

Provide once every 3 months access to the occupied residential or non-residential premises of representatives of Mosenergosbyt OJSC (including emergency services workers) to check the correctness of the consumer's readings of individual, common (apartment), room metering devices (distributors), checking the condition of such metering devices.

Disconnection procedure

The rules for the provision of public services and their termination are regulated at the legislative level. Main documents: Housing Code of the Russian Federation and Decree of the Government of the Russian Federation No. 354.

The resource supplying organization, management company (MC) or homeowners' association (HOA) have the right to turn off the lights. The procedure for stopping the supply of electricity according to the law:

1. After the debt is formed, the housing and communal services provider sends the consumer a registered letter demanding payment of the amount indicated in it. 20 days are given for repayment - the period is counted from the moment of receipt of the notification (signature required). Other methods of notification may be used, for example: a call with a recording of the conversation, personal delivery.
2. If payment is still not received, another, final warning is sent three days before the shutdown.
3. Then there is a direct disconnection from the power supply. In this case, the owner of the premises and a representative of the company, based on whose decision the lights are turned off, must be present.

In this case, an act must be drawn up. It should contain the following information:

• information about the debtor;
• address of the apartment or house to be disconnected;
• details of the electricity supply organization;
• meter readings and its unique number;
• for what reason is the apartment or house disconnected from the network;
• date and time of shutdown;
• current amount of debt;
• what options for resolving the problem were offered to the consumer and confirmation of sending notifications.

The act must be in three copies: for the owner of the apartment, the housing and communal services representative and the specialist who carried out the shutdown. Only if all the above conditions are met can we say that stopping the supply of light is legal.

In addition to this enforcement measure, the service provider has the right to go to court to demand debt collection. Then the court decision is transferred to bailiffs who have broad powers. In particular, they can seize the debtor’s accounts and property and prohibit him from leaving the country.

Structure and content

The act is drawn up in any form, since its established form is not provided for in the legislation.

Name

For example, an act of acceptance and transfer of a land plot.

The name of the specific locality in which the site is located, as well as the region, is indicated as the place.

As for the date, it may coincide with the actual date of transfer of the land to the buyer.

Item

The subject is a land plot, which must not only be named, but also described in detail, indicating the following data:

• cadastral number;
• square;
• address and exact location;
• type and purposes of permitted use;
• the presence of buildings or structures on it.

Obviously, this information is the same as in the purchase agreement, since the subjects of both of these documents are the same. The description of the site must be reliable and as detailed as possible.

In addition to these necessary details, you can indicate more detailed information about the site (for example, its external description, soil condition, the presence or absence of any problems, etc.).

It is also necessary to note on what right the plot is transferred. In this case, it will be the right of ownership arising on the basis of a purchase and sale agreement. It is also advisable to note the name of the document confirming the seller’s rights to the land in this paragraph.

Details of the parties

In particular, the full names of the seller and buyer (or names if we are talking about a legal entity), as well as their other data: addresses, series and number of passport, dates of birth, must be indicated.

Since the act is drawn up as an annex to this agreement, a reference to it in this document must be made. In particular, you need to indicate its name, number and date of compilation.

At the end, the parties put their signatures and seals (if any), thereby confirming their consent to the information specified in the act.

Illegal shutdown

What should you do if your power was turned off without prior notice or another violation was committed? A citizen has every right to file a complaint with the supervisory authorities, and then with the court. The penalty facing a representative of a utility organization is quite severe - unauthorized actions contain elements of a criminal offense (Article 330 of the Criminal Code of the Russian Federation “Arbitrariness”):

• fine up to 80 thousand rubles;
• compulsory work up to 480 hours;
• correctional labor for up to 2 years;
• arrest for up to six months.

If violence or threats to commit violence were used against the owner, even imprisonment for up to five years is possible. The decision on the type of punishment is made by the court after considering the criminal case. At the same time, the service provider is obliged to connect the light as soon as possible.

In relation to the energy supply company, Article 14.31 may be applied. Code of Administrative Offenses of the Russian Federation “Abuse of a dominant position in the commodity market.” An administrative fine of 15 to 20 thousand rubles is provided for officials, from 300 thousand to 1 million rubles for legal entities.

If a family with a young child lives in an apartment, turning off the lights strictly according to regulations is not an offense. It’s another matter if there is a disabled person in the premises whose life depends on electrical appliances - in this case, the owner can immediately call the police. Utility companies will be required to promptly restore power supply.

To obtain compensation for illegal shutdowns, you should go to court. To do this, you will need a lawyer who has experience in similar cases. The specialist will tell you whether the consumer’s rights were really violated, help determine the amount of damage and will represent your interests in court.

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.

How to return services

The procedure for connecting to the power grid if the light is turned off for non-payment:

1. First of all, you need to pay the invoice. To do this, clarify the amount of debt, taking into account any accrued penalties.
2. After this, you should contact your management company or HOA (if the power is turned off in a private house, directly to the service provider) with a written application to connect electricity.
3. Then a date and time are agreed upon (no later than 48 hours after payment) when an electrician and a housing and communal services representative will be available.
4. When connecting electricity, an act must be drawn up, which is signed by both parties.

Please note that you will have to pay to restore the light supply. The tariff is set at the regional level: on average, about 2 thousand rubles for connecting an apartment to the network, about 3 thousand for a private house. There is no need to re-enter into a contract for the supply of electricity; it continues to be valid even after a shutdown.

If a utility consumer has financial difficulties, he has the right to ask for a deferment of this part of the rent for six months. He needs to contact the service provider with a written statement, which should indicate the reason for late payment (for example, dismissal or serious illness). After agreeing on this issue (as a rule, the organization meets the consumer halfway), a payment schedule will be drawn up, and the power supply will be restored. Remember that a new payment violation will void all agreements and will again lead to disconnection.

What should you do if the power supply is interrupted illegally (for example, you did not receive a notification)? First, contact the resource supply company, management company or homeowners association with a complaint addressed to its manager. In the text of the appeal, describe the situation and demand that the light be connected. However, the review period may take more than 20 days, so it is more effective to immediately complain to the prosecutor’s office, the FAS (if the violation was committed by the service provider itself) and Rospotrebnadzor. The electricity supply will be restored, but the debt will still have to be repaid. Otherwise, the lights will be turned off, but strictly according to regulations.

If you have no debts, but your apartment is still without power, you can safely go to court and regulatory authorities. The prosecutor's office will oblige utility companies to connect electricity. Through the courts, you can recover compensation for damage caused, since consumer rights were violated (for example, if you were injured due to a power outage). Please note that at the time of going to court you should not have debt for electricity. In the event of an illegal disconnection, there is no need to pay for connecting to the network - the costs are borne by the offender (service provider, management company or HOA).

What to do if the lights in the apartment are turned off contrary to the law?

You should act in stages:

1. File a claim with your electricity supplier.
2. If the answer is negative or there is none, collect a package of documents and prepare a complaint to government agencies.
3. Wait for the review result.
4. If there is damage caused, a claim is filed in court.

Preliminary proceedings

Where to contact?

1. First, the claim must be sent to the company that is the supplier of electrical energy. This is your management company, Energosbyt or HOA.
2. If the appeal remains unanswered, you must send a complaint to Rospotrebnadzor, the prosecutor's office or the district administration.
3. If damage occurs as a result of a power outage, try to hold the supplier accountable. To do this, you need to file a claim in the district court.

Required documents and evidence

If there is an illegal power outage, it is important to first determine which organization to contact.

• If you file a complaint, contact Rospotrebnadzor, the Housing Inspectorate or the prosecutor's office, in which case you will need to provide a response from the supplier to whom you previously filed a complaint.
• Receipts for payment of electricity and a document confirming the ownership of the residential premises are attached.
• Also, there may be other evidence, for example, written testimony from neighbors who also talk about illegal shutdowns.

Drawing up a complaint

The complaint is drawn up on a white A4 sheet.

1. At the top, the initials and position of the employee of the prosecutor's office (Rospotrebnadzor) to whom the complaint is being filed are indicated.
2. Below is the address of the location of the government agency.
3. The initials of the applicant are indicated along with contact information. Residence and registration address.
4. The date is set.
5. In the middle is the name of the document.
6. Complaints can be collective or sent by you personally.
7. You must indicate where you live and whether you are the owner of the premises in which the lights are systematically turned off.
8. The circumstances that preceded the power outage are indicated. Perhaps this is a violation of the supplier's duties or your failure to pay for services, but in the absence of notification from the supplier.
9. We need to indicate that we pay for electricity every month, but the electricity supply service was still turned off.
10. Information is provided when the lights were turned off, and how electricity suppliers responded to your request to turn them on.
11. Also, there is a requirement to recalculate payments for electrical energy, as well as requirements for inclusion.
12. Date and signature are added.
13. The consumer consents to the processing of his personal data.

We do not recommend completing the documents yourself. Save time - contact our lawyers by phone:

8 (800) 350-14-90

Depending on the specifics of the individual situation, the text of the complaint may vary.

Terms of its consideration

In accordance with Federal Law No. 59 of May 2, 2006, applications from citizens must be considered within thirty days from the day your application was registered; this is stated in Article 12.

Trial

Statement of claim to court

The statement of claim is drawn up on a blank white sheet of A4 format.

1. The right side indicates the name of the court where the case will be heard.
2. Even lower is information about the plaintiff, indicating contact phone numbers and residential addresses.
3. In the middle of the line indicate the word “Statement of Claim”.
4. Below are the circumstances of the case with references to the legislation of the Russian Federation.
5. It is established in which room the power was cut off and what reasons preceded it. Which is a direct violation of the rights, interests and legal requirements of the plaintiff.
6. If necessary, indicate the status of the recorded readings of electrical energy meters.
7. Requirements are established for the recalculation of electrical energy that was not consumed due to the shutdown, as well as a requirement for the inclusion of electrical energy.
8. If damage has been caused, it also needs to be reported.
9. Additionally, you can recover moral damages, lost profits, and so on.
10. A list of attached documents is listed.
11. Date and signature are added.

We do not recommend completing the documents yourself. Save time - contact our lawyers by phone:

8 (800) 350-14-90

Duration of the procedure

If the case is filed in the magistrate's court, then the statement of claim is considered before the expiration of the calendar month, Art. 154 of the Code of Civil Procedure of the Russian Federation, after which a date for the meeting is set.

State duty and other financial expenses

During the process, you may need the services of a lawyer. If the court finds the defendant guilty, this amount can be recovered from him.

The amount of the state duty depends on the price of the claim, this is regulated by Art. 333.19 Tax Code of the Russian Federation. If it is less than 20,000 rubles, then the amount of the state duty will be 4% of the amount, but not less than 400 rubles. If the cost is higher, the amount increases.

If the damage due to the blackout was not caused and the claims in the statement of claim are not of a property nature, then the amount of the state duty for individuals will be 300 rubles, and for organizations 600 rubles. in accordance with paragraph 1 of Article 333.19 of the Tax Code.

There are many reasons for a power outage: power failures, scheduled repairs, debts to pay for electricity. Every situation has its limitations. Where to go in case of frequent interruptions, how the owner can refuse power supply, and whether the chairman of SNT or the management company has the right to stop the supply of electricity - read our materials.

What not to do in the absence of light

If the electricity in an apartment or private house is turned off, it is prohibited:

• Unauthorized connection to the network. This is not only illegal, but also very dangerous. Without the appropriate knowledge and skills, you can receive a fatal electric shock. The fact of independent connection will be immediately discovered: the owner faces a fine of 10 to 15 thousand rubles for the first offense, from 15 to 30 thousand for a repeated offense (Article 7.19. “Unauthorized connection and use of electrical, thermal energy, oil or gas”). In some cases, criminal liability is even provided (for example, if large volumes of electricity are stolen).
• Break the seal. When the power goes out, the electricity meter is sealed. If the debtor removes the seal, his electricity consumption may be calculated according to the standard. Also, for this offense there is a fine of 100 to 300 rubles (Article 19.2. Code of Administrative Offenses of the Russian Federation “Intentional damage or disruption of the seal (seal)”).

Any manipulations with electricity meters and connections to the network can only be carried out by an electrician in the presence of an employee of the resource supply or management organization. It is necessary to solve the problem strictly within the legal framework, especially since when rights are violated, the court sides with the consumer and punishes the perpetrators. If you find it difficult to figure out this issue on your own, contact a lawyer.

Where to complain

The answer to the question of where to complain about Mosenergosbyt depends on the violation recorded by the consumer. Initially, the consumer should try to resolve the conflict situation with the immediate management of the housing and communal services contractor. Without attempts by the consumer to resolve problems with the company, the complaint may not be accepted.

If the results of the consideration of the complaint do not satisfy the consumer, or the consumer is faced with the inaction of employees and violation of the deadlines for processing the complaint, then it can be sent to the regulatory authorities.

If you want to find out how to solve your particular problem, please contact us through the online consultant form or call:

• Moscow.
• Saint Petersburg.
• Regions.

Control over the activities of companies that supply electricity to citizens is entrusted to the Ministry of Energy. This is where complaints about poor quality services from Mosenergosbyt should be submitted. If the Ministry does not deal with this kind of appeal, it can redirect it to the relevant authority.

A complaint to Rospotrebnadzor is filed in case of violation of the Law “On the Protection of Consumer Rights”. Here you can complain about the provision of low-quality services, refusal to recalculate, imposition of additional paid services, etc. At the same time, Rospotrebnadzor does not collect compensation and penalties against the consumer. Such demands can only be brought in court.

You can also complain about the company to the Moscow City Hall or the Presidential Administration.