A resident of Kyiv region paid DTEK 43,560 hryvnias, but his home wasn't connected to the network. Here's the court's decision on the matter.

A man paid DTEK 43,560 hryvnias for connecting his residential house to the electrical network. However, the company did not adhere to the service provision deadlines established by the contract, prompting him to demand a refund. This was stated in the decision of the Boryspil district court of the Kyiv region, published on November 15, 2024.

The man entered into a contract for standard connection to the electrical networks of the distribution system No. K-04-18-0321 dated May 31, 2018, with PJSC "Kyivoblenergo," the successor of which is PJSC "DTEK Kyiv Regional Electric Networks." However, DTEK failed to connect the facility to transformer substation 10/0.4 No. 1779. He repeatedly contacted DTEK in writing, as well as the National Commission for State Regulation in the Spheres of Energy and Utilities in Kyiv and the Kyiv region, to resolve the issues regarding the non-provision of connection services for the electrical installations of the individual residential house. Due to the breach of contract conditions for standard connection and in accordance with clause 5.3 of the contract, the service provider is obliged to return the funds received as an advance payment, amounting to 100% of the payment totaling 43,560 hryvnias, and also to fulfill the contractual obligations at their own expense.

"The company, with the involvement of contractors, has completed all construction and installation work in accordance with the terms of contract No. K-04-18-0321 dated May 31, 2018, and has provided the technical capability for connecting the plaintiff's electrical installations to the distribution system on December 4, 2020. The recovery of funds in favor of the plaintiff in the amount of 43,560 hryvnias after this would lead to unjust enrichment of the plaintiff. The plaintiff turned to the court with a request for a refund almost two years after the actual provision of the service. The method of protection chosen by him is not provided by law and is not subject to satisfaction," - stated DTEK.

What was the court's decision?

The court granted the man's claim. The private joint-stock company "DTEK Kyiv Regional Electric Networks" is to reimburse him the funds received as an advance payment under the contract dated May 31, 2018, in the amount of 43,560 hryvnias. DTEK was also ordered to connect the individual residential house to the electrical network at their own expense in accordance with the standard connection contract to the electrical networks of the distribution system K-04-18-0321 dated May 31, 2018.

"The court concluded that due to the respondent's violation of the terms of the concluded contract for standard connection to the electrical networks of the distribution system No. K-04-18-0321 dated May 31, 2018, regarding the specific point of capacity provision determined by the contract - PL-0.4 kV from TP-10/0.4 kV No. 1779, as well as the failure to comply with the established contract deadlines for providing the standard connection service, the claims are justified and should be satisfied in full. Specifically, according to the conditions of clause 5.3 of article 5 of contract No. K-04-18-0321 dated May 31, 2018, the respondent must bear responsibility for the delay in providing the connection service and reimburse the plaintiff 100% of the payment made in the amount of 43,560 hryvnias, which does not exempt the respondent from the obligation to fulfill the contract terms and connect the individual residential house to the electrical network at their own expense in accordance with the standard connection contract to the electrical networks of the distribution system K-04-18-0321 dated May 31, 2018," - emphasized the court.