A Kyiv resident demands DTEK to annul a charge of 236,986 hryvnias for unaccounted electricity. Here's what the court has decided.

2025-02-14 09:56:12https://informator.ua/ru/kievlyanka-trebuet-dtek-otmenit-nachislenie-236-986-griven-za-neuchtennuyu-elektroenergiyu-chto-reshil-sud

A woman is suspected of tampering with an electricity meter. She is being asked to pay an amount of 236,986 hryvnias for unaccounted electricity, but she refuses and demands DTEK to cancel the decision. This is stated in the ruling of the Holosiivskyi District Court of Kyiv, published on March 17, 2023.

On September 14, 2010, employees of PJSC "Kyivoblenergo" replaced the electricity metering devices STKZ-10A1H4.K4t without warning the woman, which recorded readings of 000578. On the same day, they installed the electricity metering device NIK 2301AKI No. 0221115 at her facility with initial readings of 0000003.9 kWh. An act of technical accounting for electricity meters 220/380 V dated February 19, 2016, confirmed that the connection was correct and functioning within the proper class. On February 19, 2016, employees of PJSC "Kyivoblenergo" drafted a violation act noting: "the consumer violated the electricity consumption rules. There are signs of tampering with the electricity meter, with clear traces of re-gluing the base to the housing of the meter. There is suspicion of non-compliance with the manufacturer's seals." According to the temporary seizure act in the violation act dated February 19, 2016, there is suspicion of tampering with the metering mechanism of the electricity meter with readings of 000299 kWh. On July 26, 2017, a commission meeting was held regarding the violation act from February 19, 2016, concerning the rules for using electricity by the consumer. Protocol No. 208 was drafted, and the commission decided, "The act is subject to calculation according to p. 48 of the Electricity Consumption Rules, p. 3.4 of the Methodology for the period of 150 days from September 23, 2015, to February 19, 2016, and according to the tariffs in force during the violation period. The calculation of additional losses incurred by the consumer to the supplier will be conducted as a result of the expert examination." She believes that the commission's decision is illegal.

What did the court decide?

The court upheld the woman's claim. The violation act regarding the rules for using electricity by the consumer dated February 19, 2019, was annulled, and the commission’s decision from July 26, 2017, concerning the act was deemed illegal. The charge made by the private joint-stock company "Kyivoblenergo" in the amount of 236,986 hryvnias was canceled. The public joint-stock company "DTEK Kyiv Regional Electric Networks" was ordered to recalculate the consumed electricity without taking into account the amount charged for the period specified in protocol No. 208 dated July 26, 2017, specifically from September 23, 2015, to February 19, 2016, according to the readings of the NIK 2301AKI meter amounting to 000299 kWh, recorded in the technical inspection act of the electricity metering device dated February 19, 2016.

"The commission's decision is illegal and unfounded, as the plaintiff did not take custody of the metering device and the seals installed on it, nor did she sign any additional agreement for the custody of the NIK2301AK1 No. 0221115 metering device and the act of sealing/safeguarding the seals, and therefore could not know the initial and proper condition of the seals installed on the metering device. Furthermore, according to paragraph 3 of item 53 of the Rules for Using Electricity for the Population, an act of violation of the rules that has not been considered in the procedure established by these Rules within 50 calendar days from the date of its drafting is deemed invalid and subject to cancellation. As can be seen from the case materials, the defendant issued a bill to the plaintiff for a total amount of 236,986 hryvnias; however, this amount is based on the violation act, which is illegal. The court notes that the evidence provided by the defendant does not refute these circumstances in any way. Considering the above, the court concludes that the claims of the citizen against the Private Joint-Stock Company "DTEK Kyiv Regional Electric Networks" regarding the annulment of the act, recognition of its illegality, cancellation of the decision, recognition of the illegality of actions, cancellation of charges, and obligation to perform certain actions are justified," the court emphasized.