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A Dnipro resident demands 151,000 hryvnias from DTEK after having to rent accommodation due to a lack of electricity in his apartment – the court's decision.

Житель Днепра требует от ДТЭК 151 тысячу гривен за аренду жилья из-за отключения электричества. Суд вынес решение по этому делу.

A man had his electricity supply cut off in his apartment, forcing him to incur rental costs for alternative housing. He is demanding that DTEK restore his electricity and provide compensation of 151,000 hryvnias. This was stated in the decision of the Kirovohrad District Court of Dnipro (the legal name of the court), published on October 10, 2024.

According to a letter from DTEK dated June 8, 2023, the man learned that due to his violation of the "rules of the retail electricity market," he was required to pay 49,933 hryvnias as compensation for damages according to violation act No. D004191 dated October 19, 2011, which was confirmed by a court ruling from October 6, 2014. He was offered until July 7, 2023, to pay the amount indicated in the act, with a warning that failure to do so would result in the transfer of the enforcement order to the enforcement service for compulsory debt collection. In August 2023, DTEK filed a motion in court to restore the deadline for enforcing the enforcement order and to issue a duplicate of the enforcement order. By a court ruling on September 28, 2023, this motion was denied, resulting in DTEK losing the right to enforce the debt against him. Subsequently, abusing its rights, that is, its monopolistic position in the electricity sales market, DTEK unlawfully disconnected the electricity supply to his apartment.

"The plaintiff requests the court to recognize the defendant's actions of disconnecting the electricity supply to the apartment as unlawful and to compel the defendant to restore the electricity supply to the apartment, as well as to recover from the defendant the rental costs of 51,000 hryvnias and moral damages of 100,000 hryvnias," the man's claim states.

DTEK asserts that on October 19, 2011, a theft of electricity was recorded at the man's address, and a violation act No. 004191 was drawn up. Due to the non-recognition of the violation, the company filed a lawsuit, and by a ruling that came into effect, the man was ordered to pay 49,438 hryvnias as compensation for damages.

"The cessation of supply was carried out in accordance with the requirements of paragraph 75 of the Retail Electricity Market Rules due to the non-payment for unaccounted electricity consumed by the consumer in violation of these rules, as determined by law (provided that the court rules that the consumer consumed unaccounted electricity in favor of the system operator). On June 8, 2023, the plaintiff was offered to pay the amount of damages. On December 18, 2023, a warning about disconnection was sent, which was received by him on January 29, 2024, thus complying with paragraph 7.5 of the Retail Electricity Market Rules. The refusal to restore the deadline for enforcing the enforcement order in case No. 203/3991/14-c does not deprive the defendant of the right, based on paragraph 7.5 of the Retail Electricity Market Rules, to disconnect the electricity supply to the apartment in case of non-payment for unaccounted electricity," said DTEK.

What was the court's decision?

The court partially granted the man's claim. The actions of the joint-stock company "DTEK Dnipro Electric Networks" to terminate the electricity supply to the apartment were deemed illegal. The joint-stock company "DTEK Dnipro Electric Networks" was ordered to restore the electricity supply to the apartment. Additionally, the company was ordered to pay the citizen 51,000 hryvnias for material damages, 5,000 hryvnias for moral damages, and 1,211 hryvnias for court fees, totaling 57,211 hryvnias.

"After the electricity supply was cut off on January 29, 2024, the plaintiff rented an apartment starting February 1, 2024. This is confirmed by the attached copy of lease agreement No. 1 dated February 1, 2024. According to the provided receipts, during the term of the lease specified in paragraph 6 of the agreement (from February 1, 2024, to August 1, 2024), the plaintiff paid a rental fee of 51,000 hryvnias to the landlord (8,500 hryvnias monthly as per the conditions of paragraph 7 of the agreement). Given these circumstances and considering that even after the commencement of proceedings in this case, the defendant, in accordance with paragraph 7.11 of the Retail Electricity Market Rules, did not restore the electricity supply to the plaintiff's apartment, the costs incurred by the plaintiff for renting alternative housing are deemed forced losses, which, under Article 22 of the Civil Code of Ukraine, are subject to recovery from the defendant in favor of the plaintiff," the court noted.