A man is dissatisfied with the replacement of his meter and is demanding a compensation of 25,000 UAH from DTEK. Here’s the court's decision on the matter.
The employees of DTEK replaced the electricity consumption meter. A man is demanding compensation from the company in the amount of 25,000 hryvnias, as the work was carried out with significant violations. This is stated in the decision of the Vyshgorod District Court of Kyiv Oblast, published on December 24, 2024.
On August 19, 2019, the electricity consumption meter was replaced, which was done with significant violations, without the man's presence, without creating a replacement act, and without recording the final readings of the old meter or the readings of the new meter. From June to August 2019, the electricity meter was replaced in the houses of SТ "Lesnaya Polyana". He indicates that he repeatedly requested DTEK employees who performed the replacement to notify him of the time of such replacement, to record the final meter readings, and the location on the pole, but his requests were ignored, and no receipt for the payment of the remaining balance for August 2019 was sent. Only in February 2020 did the LLC "Kyiv Regional Energy Supply Company" inform him of a debt of 24,771 hryvnias, including VAT 25,609 hryvnias, and the final meter readings became known from DTEK's letter No. 1/3/012/D-27696 dated October 20, 2020, that is, more than a year later. According to the response, the date of probable electricity consumption was established, which led to the emergence of a debt of 24,771 hryvnias for the use of 10,892 kWh for the period from August 1, 2019, to August 19, 2019. According to the citizen, consuming such a quantity of electricity in his house is technically impossible. Moreover, he did not provide subscriber readings, and the meter was replaced without recording the readings. In his opinion, an error occurred during the replacement of the electricity meter regarding the recording of consumed electricity.
The man also states that he submitted an application to the NKREKU for a review of compliance with technical and administrative requirements for meter replacements, and on January 27, 2021, he received a response noting gross violations during the meter replacement and the technical impossibility of charging such inflated readings. Considering the above, he believes that the amount of debt is unproven, unreasonable, and erroneous.
"On August 19, 2019, specialists of JSC 'DTEK Kyiv Electric Networks' replaced the metering device installed at the specified address. Instead of the dismantled electricity meter MERCURY-236ART-02(6) No. 14245268 with final readings of 099100 kWh, a metering device of type MTX3R30.DH.4LI-YDO4(6) No. 02518784 with initial readings of 000006 kWh was installed. JSC 'DTEK Kyiv Electric Networks' has no relation to the debt presented by LLC 'Kyiv Regional Energy Supply Company' for the consumed electricity from January 1, 2019, to the present at the address: s. DVS, SО 'Lesnaya Polyana', house 69. Upon the plaintiff's request, JSC 'DTEK Kyiv Electric Networks' conducted a check of the readings recorded during the replacement of the electricity meter. As a result of the inspection, it was established that the final readings of the dismantled metering device were entered into the personal account correctly. The volume of electricity consumed in August 2019 at the specified address was calculated as follows: 10,892 kWh for the period from August 1, 2018, to August 19, 2019 (corresponding to the subscriber readings of 088208 kWh as of August 1, 2019, and the readings of 099100 kWh recorded during the replacement); 339 kWh for the period from August 19, 2019, to September 1, 2019 (according to the readings of 099100 kWh and calculated readings of 000345 kWh as of September 1, 2019). The subscriber readings of 088208 kWh as of August 1, 2019, were obtained by the company based on information provided by the banking institution, through which payment was made in August 2019. Thus, the total volume of electricity consumed in August 2019 is 11,231 kWh. Payments for consumed electricity were not always made by the plaintiff based on the actual readings of the meter at the beginning of the billing period. For instance, in the payment receipt dated January 19, 2019, as of January 1, 2019, the plaintiff indicated readings of 081662 kWh, which are lower than the readings of 081728 recorded during the technical inspection on November 28, 2018. Indicating non-actual meter readings in receipts leads to discrepancies between the volumes of electricity consumed during the billing period as defined by the PREES requirements and the volumes stated in the payment receipts, resulting in the emergence of debt. JSC 'DTEK Kyiv Electric Networks' does not doubt the correctness of the readings recorded by the company's specialists," DTEK stated.
What did the court decide?
The court partially satisfied the man's claim. The accrued debt amounting to 25,609 hryvnias according to the invoice for February 2020 dated February 29, 2020, was annulled. LLC 'Kyiv Regional Energy Supply Company' and JSC 'DTEK Kyiv Electric Networks' will jointly compensate him for moral damages in the amount of 5,000 hryvnias.
"The above-mentioned remarks regarding the non-compliance of the employees of JSC 'DTEK Kyiv Electric Networks' with the requirements of current legislation when drawing up the act and the absence of technical capability for the consumer to use the indicated volume of electricity provide grounds for considering the claim justified, and therefore the claim should be satisfied in this part. Therefore, taking into account the age of the plaintiff, the time spent on various inquiries and responses, his status as a person with a disability and a pensioner, and considering reasonableness, balance, and fairness, the court finds it appropriate to partially satisfy the plaintiff's claims for the amount of 5,000 hryvnias, which should be collected jointly from LLC 'Kyiv Regional Energy Supply Company' and JSC 'DTEK Kyiv Electric Networks' in his favor," the court emphasized.