A Kyiv resident is demanding compensation from DTEK due to a power outage in his apartment. What was the court's decision?

The man was compelled to change his residence until the electricity supply was fully restored. He is seeking compensation from DTEK amounting to 300 hryvnias for each day without power, starting from April 29, 2024, until the moment it is restored. This is stated in the decision of the Shevchenkivskyi District Court of Kyiv, published on November 27, 2024.

On April 29, 2024, DTEK disconnected the electricity supply to the apartment where the man lived. This occurred due to an outstanding debt for electricity supply services for the specified apartment as of January 1, 2019, while he was not notified of this debt. According to the citizen, the period for presenting a monetary claim from January 1, 2019, if it indeed existed, expired on January 1, 2022, according to the provisions of Articles 257 and 267 of the Civil Code of Ukraine. He believes that the monetary claim from January 1, 2019, represents a hopeless receivable, yet DTEK decided to disconnect the apartment.

The man had to relocate until the electricity supply was fully restored. He claims material and moral damages amounting to 300 hryvnias for each day without power, starting from April 29, 2024, until restoration, which includes expenses for renting temporary housing.

"The plaintiff uses electricity supply services but does not fully fulfill his obligations regarding the payment of the debt. As a result, as of January 1, 2019, a debt of 2,683 hryvnias was formed based on the readings of meter No. 014023 for consumed electricity. On March 12, 2024, a warning about the termination of electricity supply at the specified address due to the outstanding debt for consumed electricity as of March 1, 2024, which was formed before January 1, 2019, was sent to his address via postal services. The postal item was delivered to the post office on March 14, 2024, and thus, according to the provisions of the legislation, the consumer is considered notified about the termination of electricity supply, and this does not deprive the distribution system operator of the right to disconnect the apartment's electricity supply in the presence of grounds defined in paragraph 7.5 of the Electricity Supply Rules. Restoration of the electricity supply to the apartment is possible only upon repayment of the above-mentioned debt and payment for the reconnection of the electrical installation. The debt for consumed electricity of 2,683 hryvnias is considered a hopeless receivable, as it does not meet any criteria for hopeless debt," - stated DTEK.

The court established that on April 29, 2024, the electricity supply to the man's apartment was disconnected by the distribution system operator PJSC "DTEK Kyiv Electric Networks." In response to his request for restoration of electricity supply, DTEK provided a written response indicating the existence of a debt for provided electricity supply services as of January 1, 2019, in the amount of 2,683 hryvnias. After this debt was repaid and payment for the restoration of the electricity supply was made, the company reconnected the apartment to the power grid.

What was the court's decision?

The court dismissed the man's claim. The actions of DTEK, which involved disconnecting the electricity supply to his residence on April 29, 2024, were deemed legal and compliant with the Electricity Supply Rules.

"Considering that the court established the presence of an unpaid debt for consumed electricity as of January 1, 2019, on the plaintiff's account in the amount of 2,683 hryvnias, and there are proper and admissible evidences in the case materials showing that the consumer was duly notified in accordance with the legislation about the termination of electricity supply, which was delivered to the post office on March 14, 2024, and that the disconnection of the apartment's electricity supply occurred on April 29, 2024, the court concluded that the actions of the defendant, which involved disconnecting the plaintiff's apartment from electricity supply on April 29, 2024, are legal and comply with the Electricity Supply Rules, and therefore the claim to impose an obligation on the defendant to restore electricity supply is unfounded and cannot be satisfied," - emphasized the court.