A client reported a meter malfunction to DTEK but was charged a debt of 20,184 UAH. Here’s what the court decided.

A man informed DTEK about a malfunctioning meter. Specialists visited him for an inspection, where they noted the absence of a seal on the device and charged him an additional 20,184 hryvnias. This was stated in the decision of the Ingulec District Court of Kryvyi Rih, published on December 23, 2024.

On July 1, 2023, the man noticed the malfunction of the meter and reported it to DTEK. On July 13, 2023, company representatives drafted a report on the non-compliance of the consumer's actions (or lack thereof), indicating the absence of a seal on the device. On July 19, 2023, other DTEK representatives arrived and created a report on the violation, specifying that the consumer violated clause 5.5.5, which corresponds to clause 8.4.2 of the PRREEE regarding the absence of a seal on the doors of the meter cabinet. The protocol of the meeting of the commission of DTEK “Dnipro Electric Networks” dated August 9, 2023, deemed the mentioned report lawful and charged for the period from January 19, 2023, to July 19, 2023, for unaccounted electricity in the amount of 20,184 hryvnias. He disagrees with the violation report and the commission meeting protocol, considering them unjustified.

"The protocol of the meeting of the Central Commission of DTEK Dnipro Electric Networks dated September 6, 2023, which was drawn up regarding the plaintiff, canceled the violation report No. 006127 dated July 19, 2023; the claim for moral damages is not substantiated in any way," DTEK stated.

What did the court decide?

The court partially satisfied the man's claim. The joint-stock company “DTEK Dnipro Electric Networks” is ordered to compensate him for the moral damages caused, amounting to 5,000 hryvnias, as well as cover professional assistance expenses of 3,000 hryvnias.

"On September 6, 2023, the joint-stock company DTEK Dnipro Electric Networks canceled the violation report dated July 19, 2023. Consequently, the plaintiff is not at fault for damaging the seal on the electricity meter, nor for intentionally interfering with the meter to understate the electricity usage, causing harm to the defendant. However, the mere fact of creating an unlawful report and charging the plaintiff a significant amount for unaccounted electricity has infringed on his rights as a consumer and caused him moral harm. Based on the above, having thoroughly and fully examined the circumstances referred to by the plaintiff as the basis for his claims, and assessing the evidence in the case as a whole, the court concluded that the claim should be partially satisfied, specifically regarding the moral damages of 5,000 hryvnias. The request for the remaining amount of 15,184 hryvnias for moral damages should be denied," the court emphasized.