A Kyiv resident has no outstanding electricity debt, yet DTEK demands payment of 9,064 hryvnias, as ruled by the court.

The man is accused of evading timely payment of electricity bills. DTEK demands repayment of a debt amounting to 9,064 hryvnias, but he refuses to comply. This was stated in the decision of the Podil District Court of Kyiv, published on May 29, 2024.

DTEK provides electricity supply services based on a contract for the use of electrical energy. The consumer of these services is the man who is avoiding fulfilling the terms of the contract regarding the timely payment for the services received. He is being asked to pay the debt for consumed electricity amounting to 9,064 hryvnias.

The man submitted a response to the claim, containing objections. He argues that his last payment was made in September 2016. He claims there is no debt to DTEK, as the services were initially provided by PJSC "Kyivenergo." Since December 2016, his apartment has been disconnected from the power grid and electricity supply, thus he is not a consumer of the services provided by DTEK. In light of this, he requests the application of the statute of limitations to both the primary and derivative claims for the recovery of 3% annual interest and inflation losses. He asks for the claim to be dismissed.

What was the court's decision? 

The court granted the claim. The man will be required to pay to the private joint-stock company "DTEK Kyiv Electric Networks" a debt for consumed electricity amounting to 6,183 hryvnias, along with 3% annual interest and inflation losses totaling 2,881 hryvnias, bringing the total to 9,064 hryvnias.

"Due to the improper performance of obligations by the defendant under the contract and the delay in fulfilling the monetary obligation, the defendant incurred a debt for electricity supply services as of January 1, 2019, amounting to 6,163 hryvnias, plus 2,881 hryvnias for 3% annual interest and inflation losses for the period from February 2021 to February 2024. The defendant did not provide any evidence to refute the debt calculation, nor did he appeal it, and therefore it is taken into account by the court. Considering the above, the court concluded that the defendant did not properly fulfill the obligations he undertook within the timeframes stipulated by the contract, delayed the fulfillment of the monetary obligation, and thus the court is convinced that the claim for the recovery of the debt from the defendant in the amount of 9,064 hryvnias for electricity supply services is justified. However, no factual data relevant to the proper resolution of the case was cited by the parties, and the court did not establish any," the court emphasized.