A gas bill of 278,474 hryvnias due to a broken meter—what the court decided.

Employees of JSC "Zaporizhgaz" identified a violation at the address, which involved unauthorized interference with the gas meter. The woman was charged for the unaccounted volume of natural gas amounting to 278,474 hryvnias. This is stated in the decision of the Leninsky District Court of Zaporizhzhia (the court's legal name), published on December 24, 2024.

On September 28, 2022, employees of JSC "Zaporizhgaz" discovered violations at the address: unauthorized interference with the measuring device (MD) or operation of the MD in an emergency mode. Following the inspection, a violation report was drawn up. The meter was dismantled in the presence of the woman, and a protocol for sending the measuring device for examination was created. The commission conducting the gas meter examination concluded: "Unauthorized interference with the MD was found through hidden measures, resulting in unaccounted use of natural gas. The meter is unfit for further operation and needs to be replaced." For the identified violation, the calculation of the unaccounted volume of natural gas at the specified address was made based on maximum volumes for the period from September 28, 2021, to September 27, 2022, taking into account all gas appliances and devices of the consumer, heating area, and the number of registered individuals. The act-calculation of the unaccounted (additional) volume (amount) and its cost, along with the invoice for the payment of the unaccounted (additional) volume (amount) and its cost totaling 278,474 hryvnias, were sent to the consumer with a cover letter dated January 10, 2023. However, the consumer did not pay the specified act-calculation.

The woman objected to the full satisfaction of the claims, stating that the gas meter, regardless of who purchased it (the consumer or the gas distribution company), undergoes verification before installation, and seals are placed by representatives of the gas company. After the seal is installed, interference with the internal part of the meter is impossible without damaging the installed seals. No signs of re-sealing factory seals and stickers on the gas meter were found during the examination by JSC "Zaporizhgaz." Therefore, the fact of carrying out hidden measures for the dismantling of the meter is not confirmed by any information or evidence.

What was the court's decision?

The court granted the claim. The woman is to pay the amount of the additional (unaccounted) volume of natural gas totaling 278,474 hryvnias to the joint-stock company "Gas Distribution System Operator 'Zaporizhgaz'."

"At the request of the defendant, a judicial traceological examination was carried out, the conclusions of which fully confirmed the findings of the examination conducted by the plaintiff, namely the presence of foreign holes in the meter not provided by the manufacturer's design, which led to unaccounted gas consumption. According to the legal conclusion outlined in the ruling of the Supreme Court as part of the panel of judges of the First Judicial Chamber of the Cassation Civil Court dated September 20, 2023, in case No. 953/17713/19, the consumer of natural gas is responsible for the preservation and integrity of the natural gas accounting unit (NGAU) even if unauthorized measures were taken not by the consumer but by another person. The court dismisses the defendant's arguments regarding her lack of fault in the unauthorized interference with the operation of the meter. Considering the above, the court concluded the justification of the plaintiff's claims regarding the recovery of the cost of the additional (unaccounted) volume of natural gas," - emphasized the court.