How to write an application for a power outage


Sample complaint to the management company about frequent power outages

  • Reasons and grounds for power outages Unscheduled
  • Planned
  • Debt liability
  • Other
  • When they have no right to turn off the lights
  • Procedure for turning off electricity for debts
  • Informing the consumer
  • How to connect back
  • What to do if the power goes out without warning
  • Complaint
      How to compose and submit
  • Conclusion
  • How to connect back What to do if the light is turned off for non-payment? In order to correct the situation, you must first pay off the debt. Attention! If the rent (debt) is too high, then another way out is possible: write an application for installment payment. In this case, the debt will be repaid in installments over a specified period of time.

    Reasons and grounds for power outages

    Causes of power outages can occur unexpectedly due to accidents. Or the outages are related to planned repairs or preventive maintenance. Let's consider both cases in order.

    Unscheduled

    Options for unscheduled power outages:

    A breakdown that resulted in partial or complete failure of the power supply system. The likelihood of breakdowns is determined by the level of maintenance. From the consumer's point of view, such problems are unpredictable and cause a lot of inconvenience.

    The reasons may be
    equipment wear or bad weather : strong wind, rain or snow. Occasionally, various types of natural disasters or other emergencies may occur.
    When we talk about eliminating network failures, we should not forget that in some cases emergency situations (lack of electricity) can be created not by the network, but by the consumer.

    In such cases, it is necessary to turn off the power grid to carry out repairs .

    Unauthorized repairs to electrical networks in an apartment can cause a lack of light in the entire house.

    Sometimes it happens that the company that maintains electrical networks replaces one another. During the transfer of cases, technical malfunctions are possible, which can lead to interruptions in the operation of electrical networks.

    Planned

    When lights are disconnected and connected, this does not always mean there is a problem. Like any technical object, electrical networks must undergo maintenance. During maintenance work, time-limited outages may occur.

    In this situation, the question of why there is no light should not arise, since consumers are notified of the outage in advance .

    Debt liability

    The reasons for a power outage may vary. But there is one reason when the disconnection is the fault of the consumer himself or a group of people living at the same address.

    We are talking about the appearance of arrears in paying electricity bills in an apartment, entrance hall or in the entire house.

    The legislation establishes measures of influence on debtors in order to return public funds.

    Therefore, when there is a power outage as a result of debt, you should not be surprised by this phenomenon and complain to higher authorities. The light will appear after the debt is paid off and the fine is paid.

    Other

    It is also necessary to mention such reasons when the electricity was turned off due to abuse by users.

    They can also turn off the lights if the consumer uses a fraudulent method of unlimited energy consumption and makes an unauthorized connection.

    Or, when a consumer uses equipment with increased electricity consumption, which significantly exceeds the capabilities provided by the power grid.

    Complaint about permanent power outage sample

    However, clause 15 of the rules for the full and (or) partial mode of limiting electricity consumption contains a list of mandatory information that must be contained in a warning about a power outage. Here is a list of this information, which must contain a sample notice of power outage: 1. Name of the consumer and point of delivery in respect of which a power outage (limitation of consumption mode) of electricity is introduced; 2.

    I regularly fulfill the obligations assigned to me by the Housing and Civil Codes of the Russian Federation to pay for housing and communal services. Parts 1 and 4 art. 9.16 of Federal Law No. 152-FZ “On Personal Data” provides only the written consent of the citizen “On the provision of their personal data, their processing, etc.” In accordance with Part 2 of Art. 1 of the Civil Code of the Russian Federation, citizens (individuals) and legal entities acquire and exercise their civil rights of their own will and in their own interest.

    Procedure for turning off electricity for debts

    By law, electricity must be paid on time.
    But, there are always cases of dishonest attitude towards one’s obligations. Some pay late, while others become habitual defaulters. Do they have the right to turn off the light of non-paying customers? Indeed, to combat them, a measure such as turning off electricity for debts can be used.

    For what debt can the electricity be turned off? This can only be done in accordance with the rules and restrictions set by the state.

    For what debt can the lights be turned off? Disconnection is allowed only when the debt is equal to or exceeds three monthly payments . For smaller debts, such a measure is not provided.

    If the disconnection is carried out in violation of the established rules, then this is the basis for going to court to assert your rights based on Article 15 of the Law “On Protection of Consumer Rights”.

    Sample complaint about illegal power outage

    The illegal actions of the board of SNT "Lenproekt" caused me and my family significant material and moral damage: Currently, my grandson's wife and my granddaughter with infants (3 months and 6 months) are deprived of the opportunity to live at my summer cottage in the summer. In addition, the nervous shock caused by the illegal power cut seriously undermined my health. As a result of what happened, my family is experiencing moral suffering and financial difficulties associated with the need to pay for additional medications, the purchase of an electric generator, gasoline for it, the constant moving of infants associated with the impossibility of living in a summer cottage, as well as other moral, material and ethical suffering.

    I didn't receive a warning. These actions of the board of SNT "Lenproekt" grossly violated the law and my rights as a consumer and citizen. Within the meaning of Art. Art. 546, 523 of the Civil Code of the Russian Federation, unilateral refusal to execute an energy supply contract is possible only in relation to a legal entity. In relation to SNT "Lenproekt" I am a sub-subscriber, and therefore the defendant did not have sufficient grounds to turn off the electricity to my country house.

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    Complaint about Power Outage Sample

    If the consumer received a warning about a power outage late or did not receive it at all, then this is a violation of the existing procedure for introducing restrictions and the consumer has the right to demand compliance with the law. If the law is not observed, he has the right to file a complaint regarding a power outage to consumer rights protection authorities, the Federal Antimonopoly Service, the housing inspectorate or the prosecutor's office.

    According to him, the volume of undersupply of electricity on days of outages is approximately 125 million kWh, which is actually very little, since the standard volume of supply in MOESK is 73 billion kWh per year. Therefore, A. Konovalov noted, he does not expect claims for large sums.

    Procedure for filing a complaint

    In cases where power outages are systematic or the apartment is de-energized illegally, it is necessary to file a complaint.
    You can contact your electricity supplier or management company regarding this issue. If the complaint remains unanswered, you can try to restore justice through Rospotrebnadzor, the district administration or the prosecutor's office. When an unlawful shutdown of electricity causes property damage or moral harm, a claim should be filed in court. There are no special requirements for complaints regarding systematic/unlawful power outages. The main thing is to present the circumstances of the case in detail and concisely.

    To do this, the complaint must contain the following information:

    1. It is advisable to indicate the name of the authority (in full) when contacting the prosecutor's office.
    2. Full address of the authority.
    3. Applicant details: Full name, residential address, contact phone number.
    4. The name of the document, and in our case, “Complaint about power outage.”
    5. Address of the object, information about the status: property or social tenancy agreement.
    6. Reasons for disconnection: arrears of payment, interruptions in the work of the supplier, etc.
    7. Information about the date of restriction of energy supply, information about how the management company responded to the situation.
    8. Request to restore power supply.
    9. References to legal acts proving that the shutdown was carried out illegally.
    10. Information about the harm caused (if it was caused).
    11. Consent to the processing of personal data.
    12. Date of writing and signature.

    Important! The complaint can be private or collective. In the second case, the document is signed by all citizens whose rights have been violated. By the way, collective complaints are considered more quickly.


    Sample application to the prosecutor's office about illegal power outage

    What documents and evidence will be required?

    All previous appeals to supervisory authorities are attached to the complaint, in order of hierarchical subordination. For example, if a complaint is filed with the prosecutor's office, it must be accompanied by photocopies of responses from the management company, service provider, Rospotrebnadzor or district administration. Additionally, you will need title documentation for the residential premises: purchase and sale agreement or social lease, deed of gift, etc.

    Receipts for payment for energy resources and testimony of neighbors at the entrance can be considered as evidence.

    When is it considered?

    The law clearly defines the time frame for consideration of such complaints. In particular, the citizen must receive a response within 30 days after the application. In exceptional cases, the review period may be extended, for example if additional checks are necessary.
    In such situations, the applicant must be notified in writing. In any case, the maximum period for making a decision cannot exceed 60 days from the date of acceptance of the complaint by the authorized body. Read also: Occupational safety when working at height

    Power outage

    At the beginning of September 2003, representatives of the 5th city branch (Energosbyt Mosenergo, Moscow, Rezervny pr-d., 8/2) (hereinafter referred to as Mosenergo) contacted me by phone and offered to pay the outstanding payment for services in in the amount of 5239 rubles. 16 kopecks I paid the specified amount of debt on September 24, 2003 through Sberbank and on the same day I reported this by phone to Mosenergo. My message was accepted and no complaints were expressed. On October 7, 2003, when I returned home at 1 p.m., I discovered that the electricity in my apartment had been turned off. As an explanation for what happened, I was given task No. 5425 dated September 26, 2003, in which it was ordered to turn off the electricity in our apartment on October 7, 2003. By 19:00 the master I called for 300 rubles. connected the electricity.

    On October 8, 2003, the day after this incident, we found in our mailbox a letter from Mosenergo, sent on October 2, 2003 and received at our post office on October 7, 2003. This letter contained a warning dated September 10, 2003. No. 5, where it was said that if the debt is not paid by September 19, 2003, our electricity will be turned off after September 22, 2003 without additional warning. According to paragraph 3 of Art. 546 of the Civil Code, a break in the supply, cessation or limitation of the supply of electricity without the consent of the subscriber and without appropriate warning is allowed if it is necessary to take urgent measures to prevent or eliminate an accident in the system of the energy supplying organization, subject to the immediate notification of the subscriber about this. We received the warning the day after the shutdown! And, of course, the shutdown was not related to the accident, but was intended to punish us. Although by October 7 we had already paid for electricity for two weeks and notified Mosenergo about it.

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    Power outage without any notification

    At the same time, we, the residents of DNT, have collected a package of documents to submit to the energy sales office for opening personal accounts. On our behalf, the documents were submitted by the chairman of the DNT, with whom I was in conflict due to the constant shutdown of electricity. Due to constant fees, we decided to change the chairman of the DNT, which was done on my initiative. Our package of documents was submitted along with everyone else to the RES. But our package disappeared in January when I turned to the RES for clarification of the reason for not accepting our documents. And they showed me the ACT for unaccounted consumption, the date stood at the time when we had no electricity, and they asked me to pay a fine of more than 10,000 rubles, to which I pointed out to them that the date stood at the same time when we did not have energy. And on the same day I took a photocopy of the act to the prosecutor’s office to clarify the legality of the act. To which I received an answer yesterday, the act was canceled and that the RES does not require payment of a fine. Got a question. When was it cancelled? After all, on January 28, the head of the Distribution Zone demanded payment.

    Hello! I live in DNT. During the period of transfer of DNT networks to energy sales, electricity was turned off throughout DNT without notice, for which I wrote a complaint to the district prosecutor's office. in order to verify the legality of this shutdown. The prosecutor's office responded that the RES was not involved in the shutdown, and that the case materials were transferred to the Ministry of Internal Affairs to bring the chairman of the DNT to administrative responsibility. More than four months have passed since then, but the case materials are not being shown to me.

    Frequent power outages: how to deal with such cases

    Most often, electricity is turned off if it is necessary to eliminate or prevent an accident. Planned shutdowns for the purpose of prevention are carried out according to a schedule communicated to consumers in advance; it is legal to carry them out no more than three times a year, no more than for a day each time.

    Frequent illegal switching off of electricity is considered a crime under Art. 330 of the Criminal Code (“Arbitrariness”). Civil liability in the form of compensation for material and (or) moral damage is provided for in accordance with Article 15 of the Federal Law “On the Protection of Consumer Rights” (N 212-FZ of December 17, 1999, N 171-FZ of December 21, 2004). It is possible to achieve administrative liability of the supplier under Article 14.31 of the Code of Administrative Offenses, since it is a natural monopolist.

    Complaint against housing and communal services for power outage

    It is important to know! The procedure may differ depending on the chosen method of managing the house and common property. It will not be normal to turn off electricity without warning, as this may lead to complaints from consumers. An abrupt shutdown can lead to property damage, and residents have the right to complain and demand compensation for damage incurred due to equipment damage.

    1. check home meters (the reason may lie in a short circuit);
    2. check the shield on the site;
    3. contact the control room of the utility service or the chairman of the HOA;
    4. call the housing and communal services energy saving organization;
    5. call temporary information services (telephone numbers are indicated on information stands).

    Complaint about permanent power outage sample

    Decree of the Government of the Russian Federation dated May 6, 2011 N 354 “On the provision of utility services to owners and users of premises in apartment buildings and residential buildings” states the following: “the contractor has the right to suspend or limit the provision of utility services 1 month after a written warning (notification) of the consumer in case of incomplete payment by the consumer for utility services."

    The Civil Code prohibits interruptions in the supply of electricity, including in the case of non-payment. That is, even if you don’t pay, they cannot turn off the electricity. only by agreement of the parties, which does not exist in your case. Therefore, now you have grounds to file a complaint against the actions of the Criminal Code to the housing inspectorate or the prosecutor's office.

    Electricity claim. Sample and download form 2021

    A claim for electricity is sent to the energy supply organization in the event of dissatisfaction with the quality of electricity supply.
    Files in .DOC: Electricity Claim FormElectricity Claim Sample

    Grounds for dissatisfaction

    There are two types of grounds for filing claims against Energosbyt:

    • on the quality of supplied electricity;
    • for illegal actions in connection with the supply of electricity.

    Decree No. 354 of the Government of the Russian Federation of May 6, 2011 “On the provision of utility services to owners and users of premises in apartment buildings and residential buildings” establishes the basic parameters and conditions for the supply of electricity to the end consumer. So, in accordance with this Resolution, electricity must be supplied to consumers:

    • around the clock;
    • without interruption;
    • without deviations in the technical parameters provided for by GOST No. 13109-97 “On electricity quality standards in the general power supply system.”

    Power outages, drops or increases in voltage in the network, non-sinusoidality and asymmetry of supply and resulting disruptions in the operation of household and office equipment will constitute a significant violation of the terms of supply of electricity and may serve as the basis for:

    1. for claims;
    2. for complaints;
    3. for lawsuits;
    4. for demands to reduce the cost of electricity by 0.15 percent for each hour of violation;
    5. for claims for compensation for damage caused by interruptions in the supply of electricity.

    Unlawful power outage

    Another reason for filing a complaint with Energosbyt may be the illegal (unjustified) disconnection of the consumer from the power grid.

    In accordance with the already mentioned Decree of the Government of the Russian Federation No. 354, the procedure and reasons for disconnecting consumers from the power grid are strictly regulated. So:

    1. disconnection of debtors should not harm the interests of bona fide payers, that is, disconnections can only be of an individual nature;
    2. disconnection should not damage consumer household appliances;
    3. Disconnection may not be carried out by employees of the management company or housing department;
    4. disconnection is not carried out (even if there are debts) in winter in houses heated using electricity;
    5. It is unacceptable to cut off electricity in orphanages, hospitals, nursing homes, houses where children and disabled people live who need a special diet or life support, etc.

    Who to file a claim with

    A written expression of dissatisfaction with the quality of supplied electricity or illegal actions to disconnect from the power grid can be sent to:

    • to the energy supply organization itself;
    • to the local executive authority;
    • to the Federal Antimonopoly Service;
    • to the prosecutor's office;
    • to Rospotrebnadzor.

    In addition, you can draw up a statement of claim and send it to the court.

    In this case, only a complaint to the energy supply organization will have the nature of a claim. And only she can make demands on:

    • recalculation due to low quality of supplied energy;
    • compensation for damage, including moral damage, caused by inadequate quality of electricity or disconnection from the power grid.

    Appeals to all other above-mentioned bodies will have the nature of a complaint or statement, even if the text is identical.

    If you write a complaint to Rospotrebnadzor, then the request will be for the obligation of the energy supply organization to perform certain actions.

    The fact is that neither Rospotrebnadzor, nor the prosecutor’s office, nor the municipality can recover anything from the electricity supplier. They can only punish him.

    So, if, among other things, you want, for example, compensation for damage, then the claim must be sent directly to the supplier. And if you do not want to waste time on claims, then you can go straight to court.

    So, let's summarize. Regardless of who turned off your electricity or who is to blame for the power outages:

    • the claim is written with Energosbyt;
    • the complaint is written to Rospotrebnadzor, the Criminal Code, HOA, SNT, the federal antimonopoly service or the prosecutor's office;
    • the claim is filed in court.

    You determine the addressee and type of appeal independently and at your own discretion.

    Features of gardening non-profit partnerships

    SNT members receive electricity through an intermediary, that is, through the SNT administration, which has entered into an agreement with the energy supply organization. In this case, payment is made not by calculating the energy consumed, but through membership fees, which include the price of consumed electricity within the entire partnership.

    The SNT administration, by transferring part of the membership fees, settles with Energosbyt for:

    • electricity consumption by each section (individual consumption;
    • electricity consumption in the interests of the entire SNT (public consumption).

    Accordingly, arrears in membership fees lead to the formation of SNT arrears in payments for electricity. Because of this, if there is a debt, the SNT administration (general meeting) has the right to disconnect individual consumers from the internal power grid.

    Preparing to write a claim

    The complaint must include information about what caused the consumer's dissatisfaction. Accordingly, arguments about the reasons for dissatisfaction must be confirmed.

    The following are used as confirmations:

    • a list of complaints to the dispatch service of Energosbyt, to the housing department, homeowners' association, FAS or to the management company;
    • expert opinions confirming breakdowns of household appliances due to power outages or power surges;
    • residents’ reports, expert opinions on voltage measurements, etc.

    Making a claim

    In order for the claim to most fully convey information and requirements, it must be drawn up in a certain order and with the inclusion of mandatory structural elements, namely:

    1. the name of the addressee, that is, the body to which the claim is sent;
    2. Full name (name for legal entities) of the author of the claim and his address;
    3. information about the agreement under which electricity is supplied;
    4. description of the events that led to dissatisfaction: illegal shutdown, supply interruptions, etc.;
    5. requirements for the body to which the claim is sent. We remind you that you can only demand from the energy supply organization;
    6. justification of requirements - reports, examinations, defect detection certificates, certificates from the warranty workshop, etc.;
    7. list of applications. The list includes all documents (copies thereof) on which the requirements are based;
    8. date of filing the claim and signature of the author.

    The claim can be served in person or by mail. It is advisable to receive confirmation of delivery. To do this, upon personal delivery, ask the addressee to sign the second copy of the claim and indicate the date of receipt. If you choose the postal method, it is advisable to send the claim by registered mail with return postal acknowledgment of delivery.

    Proof of delivery will be useful to you when going to court.

    Consideration

    In accordance with the Law of the Russian Federation “On the Procedure for Considering Citizens’ Appeals,” the period for consideration of a claim, complaint or application is thirty days.

    That is, at the end of this period, the body to which you applied must give you a written response.

    If your complaint was sent to the FAS or Rospotrebnadzor, then you will definitely receive an answer. As for the claim to the energy supply organization, the chance of achieving what you want is directly proportional to the validity of the claim.

    If the arguments are justified, and the text contains a warning about the intention to go to court, then you will be given an answer. It won't necessarily be positive, since electricity suppliers are seasoned in dealing with claims, but there will still be a response. In the future, if you go to court, the response will need to be attached to the statement of claim.

    Source: https://zakonius.ru/obrazec/pretenziya-po-elektroenergii

    Complaint about Power Outage Sample

    2. In issuing the “Resolution to refuse to initiate a criminal case”, district investigator Kuzheev P.V. writes that, according to a certificate from the Pavshino Management Company LLC, issued to him during the inspection, it follows that the circuit breakers and RCDs are the common property of a certain Pavshino HOA, and he has not received any statements from the victim - the Pavshino HOA regarding theft.

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    1. In court, the UO presented a demand for payment for electricity for the period when I was disconnected and the meter was sealed. Is this legal? From the documents there is only an order from the prosecutor's office that the fact of the shutdown was confirmed; the UO does not have any acts on disconnection and activation.

    Power outage warning sample

    I did not receive any notifications about the upcoming shutdown. The illegal actions of the board of SNT “Lenproekt” caused me and my family significant material and moral damage: Currently, my grandson’s wife and my granddaughter with infants (3 months and 6 months) are deprived of the opportunity to live in my summer cottage in the summer.

    a) the contractor sends a warning (notification) in writing to the consumer-debtor that in case of failure to repay the debt for payment of a utility service within 20 days from the date of transmission of the specified warning (notification) to the consumer, the provision of such utility service to him may first be limited, and then suspended or, in the absence of the technical possibility of introducing a restriction, suspended without first introducing a restriction.

    Where to complain about illegal power outages

    It is not acceptable for electricity to go out suddenly without any warning. When such a shutdown is made, no warning may be given less than thirty days before it is actually done. This is stated in the blackout law mentioned above.

    For technical reasons, it is easier to turn off the lights in a targeted manner than, for example, the sewerage system or water supply. Therefore, for those who do not pay rent, it is easier for the management company to turn off the power supply than to continue to persuade them or impose fines.

    16 Mar 2021 uristlaw 449

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    What to do if the power goes out without warning

    Let's consider where to call to inquire about a power outage. First of all, we need to determine the scale of the shutdown:

    1. Perhaps the light went out in only one apartment.
    2. There is no electricity in part or all of the entrance.
    3. Part of the house, the whole house or several houses were left without power.
    4. There is no light in all the nearby houses.

    The first case can be considered the most difficult. This could be a fault located inside the apartment or a shutdown for non-payment. In the latter case, there should have been a warning a month before this day.
    In other cases, we are talking about either a planned shutdown or liquidation of the consequences of an accident.

    If there is a power outage, first of all you want to understand what happened. Then decide where to call if there is no electricity.

    This will allow you to make an assumption about how long the outage will last and plan your further actions.

    Who to call if there is no light in the apartment? It’s better to call energy sales for help, where they already know what happened and will tell you the estimated time of resumption of electricity supply. If no one has notified you of the accident, then you need to make an appropriate application.

    Can the management company turn off the lights? First you need to find out by calling the Criminal Code by phone.

    You need to know in advance the telephone numbers that will be useful in an emergency. It would be wise to call the organization that is directly involved in repairs (the emergency service of the district or city). If you do this, you can get information almost first-hand.

    You can get more information by talking by phone with the management company.

    Important ! Before looking for where to call if the power was turned off without warning, you need to consider that it could also be turned off for non-payment.

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