fact-ua.com

A resident of Kyiv region is demanding 30,000 hryvnias after DTEK cut off his home's power supply. What was the court's decision on this matter?

Житель Киевщины подал в суд на ДТЭК, требуя 30 тысяч гривен за отключение его дома от электроэнергии. Какое решение принял суд?

DTEK ceased supplying electricity to the man's house. He believes the company's actions are unlawful and is seeking compensation of 30,000 hryvnias. This is stated in the decision of the Irpin City Court of Kyiv Oblast, published on January 30, 2025.

The man purchased a meter and installed it on his house. He consistently paid for the amount of kilowatts recorded by the meter. Since he received a subsidy, there were minor discrepancies in payments, which were rectified in subsequent payments. In August 2018, he consumed 1,143 kWh of electricity, and in September 2018 - 2,654 kWh; these figures on the bills are incorrect. Therefore, on these bills for August and September, he entered the readings that were on the meter: 2,667 kWh and 2,907 kWh, respectively. For the additional 3,000 kWh that the RES added to the bill, a debt of 6,381 hryvnias was established. After the debt was announced, the citizen contacted PJSC "Kyivoblenergo" to clarify where they obtained these 3,000 kWh. Subsequently, he received a response stating that this was an underpayment from March 2016. At the time the meter was removed, the readings were according to the act dated November 28, 2019 - 6,660.4 kWh, which he paid. He was not informed in writing about this debt, nor about the disconnection of electricity.

On November 28, 2019, electricity was disconnected in his house. After the disconnection, the man was handed a receipt stating that the debt amounted to 0.000 UAH. For a full 10 days, from November 28, 2019, to December 6, 2019, his family remained without electricity and heat. Later, he paid for the reconnection and signed an agreement to restructure the debt. The meter was installed on a power pole outside his property.

The man's claims to the court include:

  • to recognize the actions of the officials of PJSC "DTEK Kyiv Regional Electric Networks" regarding the debt for consumed electricity amounting to 6,381 hryvnias as unlawful;
  • to declare the installment agreement concluded on December 11, 2019, between the private joint-stock company "Kyivoblenergo" and himself invalid;
  • to recover from PJSC "DTEK Kyiv Regional Electric Networks" in his favor - 3,419 hryvnias paid under the installment agreement concluded on December 11, 2019;
  • to recognize the actions of the officials of PJSC "DTEK Kyiv Regional Electric Networks" in disconnecting the house from the electricity supply network as unlawful;
  • to recover from PJSC "DTEK Kyiv Regional Electric Networks" in his favor - 819 hryvnias paid for reconnection;
  • to recover from PJSC "DTEK Kyiv Regional Electric Networks" in his favor for moral damages in the amount of 30,000 hryvnias;
  • to obligate the officials of PJSC "DTEK Kyiv Regional Electric Networks" to relocate the meter from the pole to the facade of the house.

"On November 29, 2018, the man, in a paid bill, provided the actual reading of the metering device SA4-I672M No. 885038 as 5,157. As of December 31, 2018, the actual readings of the metering device SA4-I672M No. 885038 were not provided to consumers. In December 2018, charges on the personal account for 140 kWh of consumed electricity amounting to 157 hryvnias were made based on the calculated reading of -5302, according to the conditions of PRREE and CCO, taking into account the actual readings from November 29, 2018. The bill for the used electricity from December 31, 2018, for December was not paid by the consumer. The total debt of 6,381 hryvnias on the personal account arose as a result of systematic underpayment for consumed electricity since March 2016," - stated DTEK.

What did the court decide?

The court partially satisfied the man’s claim. The actions of the officials of the private joint-stock company "DTEK Kyiv Regional Electric Networks" in disconnecting the house from the electricity supply network were recognized as unlawful. From the private joint-stock company "DTEK Kyiv Regional Electric Networks," he will recover the funds paid for the reconnection of electricity amounting to 819 hryvnias, as well as moral damages in the amount of 10,000 hryvnias.

"From the materials of the case, it is evident that the negative phenomena in the plaintiff's life, associated with the disconnection of PJSC "DTEK Kyiv Regional Electric Networks" from the electricity supply network, continued from November 28, 2019, to December 6, 2019. In deciding whether to satisfy his claims regarding the recovery of moral damages, the court considers the nature and duration of the suffering, the plaintiff's age, the consequences manifested in mental anguish and constant anxiety, the significance of the forced changes in life and social relations, and the suffering caused by the inability to properly use the residential premises. Considering the requirements of reasonableness and fairness, the court finds it possible to partially satisfy the claims for compensation for moral damage in the amount of 10,000 hryvnias," - emphasized the court.