DTEK accused a man of causing damage worth 213,753 UAH, but he disputes the debt amount. What was the court's ruling?

Employees of DTEK found a violation at the address of a man, which involved unauthorized connection. He is required to pay 213,753 hryvnias for unaccounted electricity, but he does not acknowledge the debt amount. This is stated in the decision of the Vasylkiv District Court of Kyiv Oblast, published on March 7, 2023.

On December 16, 2016, a contract for connection to the electrical networks of the facility was concluded between PJSC "Kyivoblenergo" and the man. To fulfill the conditions of this contract, technical specifications No. K-07-16-1101 were issued, which were not implemented, and consequently, the electrification of the facility at the address was not carried out. Thus, on July 23, 2019, representatives of PrJSC "Kyivoblenergo" discovered a violation of the electricity consumption rules during an inspection, specifically: "unauthorized connection of the consumer's electrical installations to the distribution system operator's network." Following the meeting of the commission reviewing the violation act, a protocol was drawn up by CJSC "Kyivoblenergo," and an invoice was issued for the payment of unaccounted electricity. Given that he does not acknowledge the debt amount and has not made any payments, DTEK was forced to go to court, requesting the recovery of 213,753 hryvnias in damages caused to the energy supplier as a result of violating the electricity consumption rules for the population.

The man submitted documents for concluding a connection agreement with the electrical networks; however, he did not provide documents that would establish him as an individual entrepreneur. Such documents were also absent at DTEK at the time of drafting and submitting this lawsuit to the court. The corresponding information is missing in the Unified State Register of Legal Entities and Individual Entrepreneurs. Therefore, the reference in the connection agreement to him as an individual entrepreneur is incorrect, as he stated his intention to electrify the facility not for household needs; consequently, it was indicated in the preparation of the agreement that the citizen was an individual entrepreneur.

What was the court's decision?

The court granted the claim. The man is to pay damages amounting to 213,753 hryvnias to the private joint-stock company "DTEK Kyiv Regional Electric Network."

"Thus, since the defendant, as a consumer, is guilty of violating the rules of the retail electricity market, for which the plaintiff, as the supplier, has charged him the corresponding compensation amount, the court concludes that the claim is justified and, based on the provisions of civil legislation, should be granted," the court emphasized.