Statement of claim for recalculation of utility bills: sample

Hello, in this article we will try to answer the question “Sample Statement of Claim for Recalculation of Utility Payments.” You can also consult with lawyers online for free directly on the website.

Useful article, we also had a controversial issue when in winter just warm water was supplied to the taps, but the heating was not the same everywhere; where the return line was, there was a semi-warm radiator. We turned to lawyers, they helped me write a competent statement to the Criminal Code, and after two weeks the problem was resolved.

To do this, you need to go to the official website of the Main Department of Migration of the Ministry of Internal Affairs of the Federal Migration Service and select online check from the proposed tabs. A window will open for you to fill in the data. In the fields you should indicate: Region. Date of birth. Document Number. Another important point will be to confirm the “anti-robot” captcha request.

After that, click “send request”. Your request will be processed very quickly and may or may not contain a ready or not response. If the result is not yet ready, it will say that the information is missing and indicate the date of the last system update. This way you can keep track by remembering the dates of changes. This service does not provide information about the positivity of the result.

Recalculation for utilities according to Resolution 354

The document contains rather “florid” formulas, often incomprehensible to a legally unsavvy citizen.

Many people forget this key point, so it is more expedient to seek a reduction in payments where there really are gross violations by utility companies.

In the material presented, we will try to figure out how to prove the illegality of calculating utility bills, and how justice can be restored.

This certificate does not confirm the student’s actual attendance at classes, but only indicates his socio-legal status. The certificate must reflect the beginning and end of the training period.

By his actions, the defendant caused me enormous moral damage, which I estimate in the amount of ______ (__________________) rubles.

In addition to air and water temperature, this can include garbage that was not removed on time. Basically, any service you are unhappy with is a reason to contact the person who provides it.

Sample statement of claim to the court for housing utility recalculation

The amount of payment for the population for the utility service for hot water from the boiler houses of the Omsk Heating Company MP for the transfer of thermal energy through its own networks for a residential building with centralized hot water supply, equipped with bathtubs is 225.09 rubles per person per month.

Oblige the defendant to pay money in my favor in the amount of ___________ rubles for the expenses I have incurred to pay for legal assistance.

As of 2012, the defendant has a debt for consumed housing and communal services (for 9 months of 2011).

The limit is three years, which is calculated from the moment the right to recalculation arises. Missing a deadline is not critical, however, the issue of the statute of limitations is important - this is an extra argument for the defendant, who will insist on missing a deadline and demand that claims be denied on this basis.

Legal norms

The company that provides them can recalculate the amount of payments for housing and communal services. This procedure can either increase or decrease the amount on the receipt. This happens for a reason, but on the basis of the emergence of a certain situation, most of them are regulated by the Housing Code (Article 155), SanPiN, rules “On the provision of com. services to homeowners" from 2011.

The following can reduce costs for housing and communal services:

• Providing poor quality services;
• Absence of a tenant in the apartment;
• Interruption of service delivery.

The first and third points can be combined and considered as one large group. In all cases, there are limits established by law within which, for example, water may not be supplied to homes. The table indicates cases when recalculation of amounts becomes possible.

Finally, let's move on to the case when you are not at home. If residents do not appear in the apartment and do not use housing and communal services for more than 5 calendar days in a row, then they have the right to organize a recalculation of utilities. Please note that in this case the recalculation does not apply to heating, repair work of the housing stock, its maintenance, as well as to telephony, antennas and radio points.

The following video contains useful advice on the possibility of recalculating utility bills:

It's time to talk about where and how you can recalculate rent during the absence of tenants, as well as in connection with other cases.

All the details of an application to the Criminal Code for the recalculation of utility bills

The application to the court must contain a description of the substance of the rights violated. That is, it is necessary to indicate in as much detail as possible why the recalculation should be made with reference to the law guaranteeing such a right. It is important to note in the application the presence of a claim that remained unanswered or was not satisfied by the defendant. Considering that the court's conclusions do not correspond to the actual circumstances of the case, the judicial panel considers it necessary to change the court's decision and indicate that the recalculation of utility bills for the apartment at *** Ave. in the city.

If the management company does not want to admit its mistake and continues to insist on the correctness of the calculation, the owner has the right to go to court to protect his interests. The documents should be filed in the district court, and the management company or housing and communal services company may be the proper defendant.

If you live in an apartment building, and you and your neighbors have complaints about the quality of the water supplied, or about systematic interruptions in the supply of gas, heat or electricity, you can draw up a collective application for a reduction in payments, attaching all the necessary evidence.

I expected that the defendants would eliminate all the shortcomings that had arisen pre-trial, but the defendants ignored my requests and actions.

When it is necessary to protect the interests of the state, the application is sent by the prosecutor. The defendant is the person against whom a claim for compensation for material and moral damage is made.

You can challenge the refusal to recalculate in the supervisory authorities - housing inspections, Rospotrebnadzor, the prosecutor's office or the court.

Requirements for filing a lawsuit

To confirm that the calculations have been carried out, the recalculation procedure is carried out incorrectly. Let's try to indicate what is needed for this. First of all, of course, we go to the management company. If this does not produce results, then we go to court. Now we will learn about the requirements for the first and second cases.

First we need to find out what documents we may need. If the services provided were of poor quality, then the necessary checks must be carried out. To do this, you need to apply for an examination, which, in turn, also requires the drawing up of a certain act. Based on the results of the examination, we can say whether these services were provided efficiently or not.

If the appeal is based on the fact that you were absent from the living quarters, then you can provide a certificate confirming your absence:

1. plane, train, bus tickets;
2. stamps in the international passport;
3. hospital certificate and any other documents that may undermine these facts.

After reading this article, you now have an approximate picture of how legal relations proceed in this area. But, unfortunately, it is impossible to cover all aspects in the article, and if there is an individual problem, additional information is needed, which cannot always be found in regulations or the Internet. Therefore, we recommend that you seek qualified legal assistance; this will help you understand your situation.

To begin with, it will be enough for you to simply attend consultations, where you can understand how practice proceeds on this issue, whether it is worth continuing to use the services of a lawyer, etc. You can also simply find out which legal acts should be followed, and independently study the specifics of this question. If the matter comes to court, then it is still better to use the services of a lawyer, since any trial is stressful, in connection with this, anxiety arises and an ordinary person cannot always make this or that decision in a timely manner.

A lawyer already knows how a trial proceeds, knows how to answer questions and which ones can be asked. In addition, many lawyers use the same tactics, so your lawyer may use different documents to counter the other side's evidence. As a result, it turns out that the chances of winning a lawsuit increases several times.

Sample statement of claim for recalculation of utilities

During the consideration of the case, it was established that the Pasechnikovs V*** V***, V*** V*** and V*** V*** are co-owners of 1/3 share each of the apartment at ***2 Ave. -73!% in the city

Every six months it is necessary to re-apply for the subsidy, providing a new package of documents. If the family's income level increases during this time, the subsidy may be denied. The cost of utilities greatly affects the family budget of citizens.

Administrative measures are often not effective due to the fact that decision-making depends on a specific official.

You can file a claim in person, through a representative, or using postal services by issuing a registered letter with notification. If the court considers the stated claim to be justified and supported by the necessary evidence, then a positive decision will be made in favor of the plaintiff.

A new calculation must be made immediately. Most often, you can see the result in receipts for the month following the application. At the request of the apartment owner, new receipts are issued 10 days after the application. Recalculation is done by management companies and unified settlement centers. The latter are created by municipal authorities. The procedure for applying can be clarified with management companies.

This is important to know: Objection to clarify claims: sample

The plaintiff's utility bills were recalculated. She doesn't agree with them. The plaintiff requests a recalculation of utility bills. Oblige the defendant to pay compensation for moral damage.

We should not forget about involving all interested parties in the consideration of this claim. The application identifies as third parties everyone who will be affected by the recalculation requirement. As a rule, these are other co-owners of the apartment, a single settlement center that issues receipts for payment and the like.

Who to turn to for help

Unlawfully exceeding the cost of utilities may result in legal proceedings. A claim for recalculation of payments will help to draw up:

• A government lawyer who, based on the sample, will help you draw up an application addressed to the head of the management company (MC). In case of legitimate motivation, the company cannot refuse to satisfy the client’s requirements;
• A lawyer from a private law firm can also file a statement of claim in court. Such a claim is drawn up in the event of an unreasonable refusal by the head of the management company to carry out a recalculation;
• Online consultant, ready to help with legal issues regarding recalculations and consumer rights. Consultation on the site is available around the clock;

Important: If the tenant of the property does not live in the apartment for more than five days, he can send an application to the company providing the services, asking for a recalculation. This option does not apply to the provision of centralized heating and communications.

Statement of claim for recalculation of utility bills

(name of court and address)

STATEMENT OF CLAIM

I, ________ (insert full name) am the owner (or tenant, i.e. indicate on what basis you live there) of the residential premises and am registered in it.

The apartment is located at: _______ (specify address). A copy of the certificate of ownership (or social tenancy agreement), as well as an extract from the house register in the attachment.

_____ (specify date), I received a receipt for utility bills in the amount of ________ rubles. Despite the fact that for all the months, I paid in good faith, as required by receipts.

After asking the defendant for clarification, I was told that this amount is based on the recalculation of _________ (indicate the reason why the payment was inflated). That is, I was actually accrued starting from _______ to ______.

I was verbally told that in my apartment, the commission allegedly recorded not one, but ______ people living there.

There was no response to my application for recalculation of payment for the use of utilities from ___________ year.

In accordance with clause 1 of Article 157 of the Housing Code of the Russian Federation: “The amount of payment for utility services is determined based on the readings of metering devices.”

According to Art. 32 of the Law of the Russian Federation “On the Protection of Consumer Rights”, the consumer has the right to refuse to fulfill the contract for the performance of work (rendering services) at any time, subject to payment to the contractor for the expenses actually incurred by him related to the fulfillment of obligations under this contract.

In accordance with subparagraph d) of paragraph 31 of the Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings, approved by Decree of the Government of the Russian Federation of January 1, 2001 No. 000, the contractor is obliged to calculate the amount of payment for the provided utility services in the manner established by the Rules and if there are grounds to recalculate the amount of payment for utility services.

They are trying to collect money from me illegally for a service not provided.

In accordance with Art. 249 of the Code of Civil Procedure of the Russian Federation “Responsibilities for proving the circumstances that served as the basis for the adoption of a normative legal act, its legality, as well as the legality of contested decisions, actions (inaction) of state authorities, local governments, officials, state and municipal employees are assigned to the body that adopted normative legal act, bodies and persons who made the contested decisions or committed the contested actions (inaction).”

I consider my demands to be based on the law and subject to satisfaction.

1. Oblige the defendant to recalculate for the use of utilities in the apartment at the address: ____________________, for the period from ______ to _____, excluding the illegally accrued amount of payment for utility bills.

1. A copy of the statement of claim for the parties to the case and the court;

2. Receipt of payment of state duty;

3. A copy of the certificate of ownership (or social lease agreement) for the apartment;

4. A copy of an extract from the house register;

5. A copy of the certificate of no debt;

6. A copy of the receipt for payment of utilities;

What are the grounds for recalculating fees?

They are required to recalculate fees for utilities in the absence of services, poor quality of services, or interruptions in the supply of light, heat, gas, water, or electricity.

Poor quality services

Services that differ from those provided for by law are considered to be of poor quality. The consumer will have to prove their non-compliance. To do this, you can call specialists from the utility organization. They must take measurements and draw up a report. The document is created in two copies, one of which is kept by the owner of the property.

In this case, you should clearly know the balance sheet distinction between the consumer and the supplier organization. Acts of service provision are drawn up at the demarcation point.

For example: such a point is the entrance to the building. If the temperature at the common building heat metering station corresponds to the standard, but the apartment is cold, claims against the management company.

This means that the pipes have not been flushed for a long time, or there are other reasons.

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Expert opinion

Egorov Andrey Andreevich

Legal consultant with 10 years of experience. Specializes in family law. More than 3 years of experience in developing legal documentation.

If utility companies do not respond to the application, you will have to fill out the form yourself. In this situation, you will need instruments that allow you to make measurements, and several neighbors.

The paper must contain information about the time and place of measurements. The procedure for carrying them out must be described.

For example: the hot water tap is turned on all the way. A thermometer is placed under the stream to record the temperature.

Indicators are entered into documents. For accuracy, measurements should be taken several times a day.

All participating people must sign the document.

The network voltage should be 220 volts, but deviations of 10% are allowed. Reduced indicators indicate poor quality electricity. You can measure them using a household voltmeter; this is done in the electrical panel. The readings may be reduced by faulty appliances located in the apartment.

For the provision of low-quality services, penalties and fines are provided.

Important: requests for recalculation must be supported by documents.

Network repair

Utility companies are required to warn about upcoming repairs, shutdowns of water, electricity, gas, and heat several days in advance. No payments will be made during the work.

For emergencies, troubleshooting times have been established. For example: there may be no light in apartments for 24 hours in a row, but no more than 3 days per year. If the electricity goes out regularly, you need to write a claim to the management company demanding a recalculation.

Residents of apartments without meters can apply for this. They pay for services at average rates.

Recalculation of water disposal is impossible without changing the payment for consumed water.

Temporary absence

If a person plans to not live at home for some time (going on vacation, a long business trip), and does not have individual metering devices in the apartment, you can contact the management company with a request not to charge payments during your absence.

Services paid for using intra-apartment meters are not subject to recalculation. You will also have to pay for the maintenance of common property and heating.

Reducing the number of residents

In the event of a divorce, in the event of the death of a tenant, rent is not calculated. To exercise the right, you need to inform the management company that the number of people living has decreased and attach a supporting document: an extract from the migration service or a death certificate.

Receiving benefits and subsidies

If a person retires, becomes disabled, or receives assistance from the state, he can count on reduced payments. This should be reported to the management organization. When paying for services according to the general rules, such people may require recalculation.

The provision of benefits is carried out by the Department of Social Protection of the Population. The registration takes place at their place, and then this institution sends the lists to the organizations that provide utility services, where recalculation is carried out.

Incorrectly transmitted meter readings

If the homeowner made a mistake by reporting inflated meter readings installed in the apartment, he may ask for a review of the accrued fee. Mandatory recalculation will be carried out if the information is incorrect. Must be double-checked by a controller.

The management company may not take into account meter readings if seals are broken, the instrument verification period has expired, or unauthorized connections to networks are detected. From the moment it is discovered that residents have violated the rules for using public utilities, the latter will be assessed according to established standards.