In Vladimir judge... Summer disconnects of hot water!
to Struggle in court with such opponents, as housing and communal services, VKS or “ Heating systems “ terribly - one names of that stand! But, as shows national experiment, not so hopelessly. One of these days inhabitants of the whole microdistrict of a city of Vladimir have started to prepare documents in Office of Public Prosecutor - it have raised the tariff already on 90 %! How to find a justice on “ the lords of pipes and cranes “?
“ SCHEDULES of DISCONNECTS “ are illegal!
In Vladimir region desperate fighters from housing and communal services operate at once some. For example, created vladimirtsem Alexey Smirnovym in May, 2005 public organisation “ National control “ in court solves a question of principle: for what term the city power has the right to disconnect on a broader scale in the summer hot water “ for carrying out of capital and preventive repair “?
If I was the head of department of housing and communal services of a city, I could not sleep every summer: would torment nightmares. Because such volume of damnations which is brought down on a head kommunalshchikov running with teapots in a bath by inhabitants, everybody will deprive of a dream. But they, kommunalshchiki, not strongly worry. And itself also benefactors declare: a pier, we from you money for hot water fairly not take all three months.
- and fines where? - Is interested “ National control “. - Under the law, the supplier should pay fines for the service not rendered in time per every day of delay. And if you did not have a hot water over the term established by the law, for example, for three months of disconnect “ under the schedule “ one thousand roubles runs approximately.
- we any do not search for benefit. I when of pensioners make a fool do not love, - Alexey speaks.
To be afraid to officials is that. At “ national control “ Grasp as at a bulldog. Four years ago the public organisation began to carry out monitoring of quality of gasoline and diesel fuel. Took samples, investigated... As a result oil industry workers are afraid obshchestvenikov more than Office of Public Prosecutor.
into housing and communal services sphere have got casually - Alexey`s acquaintances have asked. On the bill “ National control “ - already some the won courts. And court on summer disconnects it is not simple court. It is precedent.
- in the Civil code it is written accurately down: the suspension of granting of service is possible only under the written coordination of the parties, - Alexey Smirnov explains. - That is that at you have disconnected in the summer hot water, you should sign the agreement. Under the Governmental order ¹ 307, on breaks in granting of services you should inform in writing. And all “ repair schedules “ confirmed by the mayoralties, concern only to VKS and to the housing and communal services enterprises.
And after all to these schedules refer kommunalshchiki when unboundedly tighten repair terms. A pier, administration has allowed to dig three months - means, all is lawful.
is an illegal practice, - Alexey Smirnov is assured. - “ National control “ has now legal proceedings with the mayoralty and if we will prove that the decision about disconnects of hot water was illegal each vladimirskiy family can obtain compensation.
by the way, term of limitation of actions - three years so if the court recognises correctness “ National control “ it will be possible to tear off from housing and communal services and for last years: features with repair were and then.
ON the NOTE
to begin process concerning disconnect of hot water, it is necessary to take only in a management company of data with dates: when it was absent in your house.
the SCHOOL PROBLEM: HOW MUCH LITRES ON the PUPIL?
If “ National control “ struggles from housing and communal services from compassion to needy and to invalids, for the Suzdal pensioner Lydia Ivanovny Evseevoj municipal courts - a quite good increase to pension. Year after year it otsuzhivaet at kommunalshchikov money illegally put up from consumers: for heat, light, water. And grateful clients pay to it percent.
Lydia Ivanovna has worked all life in structure of housing and communal services the designer of a heat supply. Now for seventy, but to energy and enterprise of the woman it is possible to envy it. Some years ago Lydia Ivanovna has moved from the vladimirskiy apartment to Suzdal. Itself has completed the sound house with a penthouse, has agitated neighbours - have by common efforts spent the water drain. Now on one, it, the street party “ conveniences “ in houses is, on another - and is not present.
In the house rooms to tourists sometimes surrender - it nearly third of Suzdal earns additionally. But is at Lydia Ivanovny and other source of the income - percent from struggle for justice.
in the list “ seized “ it of objects - tens enterprises, and made profit teplosnabzhajushchie the organisations not only of business concerns. Some years ago to Lydia Evseevoj the director of the vladimirskiy management of education was converted. And it has fast counted up - schools overpay in a year of four million roubles!
- on norms, the pupil spends of 3 litres in day of hot water. And by calculations “ Thermal networks “ it turned out that how much the child is in school, so much it costs at a bowl and pours hot water. It turned out, they took in 10 - 12 times more, than it is necessary! - Lydia Ivanovna is indignant till now. - my calculations of school use till now, represent, what economy.
On - old these features in contracts (and each organisation, whether it be a kindergarten or the trading house, is obliged to conclude the contract on a heat supply) were called as additions. Now in any way are not called, and to struggle with them it is possible only through court. That Lydia Ivanovna also does successfully more than 15 years.
ON the NOTE
the Most frequent infringements, which “ catches “ Lydia Yevseyev:
take money for compulsory ventilation at its absence;
take money from the built in premise as with separate;
take money from premises, as with industrial.
the MUNICIPAL DEADLOCK
In Vladimir is street with such name - “ Municipal deadlock “. On it only one house. But I left Suzdal with sensation that all of us live in municipal deadlock. All courts won by Evseevoj - in interests of firms and the enterprises. And here to usual tenants to hope practically there is nothing.
- to Count a payment for heating in apartment? Itself I will not undertake, and to you I do not advise, - Lydia Yevseyev on mine categorically declares shy intention to palm off on it my receipt. - I once tried to have legal proceedings for an apartment house, and have lost - could do nothing. The thermal power station is a monster which neither me, nor you not to prevail against. On that house examination already in municipal services Academy has been reserved, - Lydia Ivanovna remembers. - During court I have shown the data of this examination where it was clearly visible - heat house has received less. The court has obliged the respondent to give the indicators denying my examination.
neither to the second, nor to the third, to the fourth court of a heating system any calculations have not given. I. Have carried case! And Yevseyev, having on hands the examination certificate, has lost.
- Neither you, nor I, anybody another never schedules of the real water temperature which have left from thermal power station, do not receive, - Lydia Yevseyev explains. - therefore I do not undertake apartment houses any more.
the schedule of real water temperature which has left from thermal power station or a boiler-house on heating of our houses is absolutely confidential thing! After all there are norms of this temperature, depending on weather behind a window. And if the reality differs from norm - on heating recalculation is put! That is for “ defective “ service - in February or heated in April - it is necessary to pay for cold batteries less. This real schedule, by words Evseevoj to receive still it was possible to nobody.
WITH the COUNTER
- And heat counter can be, put CUNNINGS on the house? VKS last year advised., - I still hope.
- any economy the counter will not give to you, - rigidly responds Yevseyev and draws the formula.
It appears, the payment for heat on the counter is calculated so:
Q * (T1 - T2)/ 1000*24*31.
Here Q - a quantity of water, circulating in system, it is constant.
Ò1 and Ò2 - water temperature in system on an input in the house and on an exit. We divide on 1000 to count in Gigakalorii, and it is multiplied at 24 o`clock a day and for 31 day in a month.
also what is visible? If reference temperature of water more low, than on norms, for example 76 degrees instead of 88, and “ obratka “ on an exit more low - 42 instead of 56. As a result a difference between “ a straight line “ and “ return “ in temperature in both cases - 34 degrees. That is the payment on the counter turns out identical, and really batteries cold!
- and how to be? Perhaps the law is, which will protect us?
- is not present! - Lydia Ivanovna is categorical. - Rules of the account of thermal energy which are confirmed in 1995 now operate, but they are calculated on ideal giving of heat. And characteristics of buildings on which heat consumption pays off, on a broader scale consider on directories of 1958. Others it is not let out!
Lydia Ivanovna has some years ago decided to develop the grant for consumers - something like “ Count to itself a payment for heating “. Also has found out that the legislative base for this purpose simply is not present!
- Here look, - Lydia Ivanovna gets the next contract. - duties of the addressee of heat - three pages. And here the rights - four lines! Yet the law also will not change, differently will not be.
the COMMENT of the EXPERT
Svetlana Viktorovna Beljakova, the federal judge of the Frunze district court of Vladimir:
- be not afraid to have legal proceedings! Certainly, to struggle with the power difficult and first of all from official structures the grounded lawyers come, and the citizen remains with them in private. But is is though the slightest chance that your rights are broken - go to defend truth in court. For 13 years of my practice the majority of judicial disputes with public utilities dared in favour of citizens. People come already grounded, know laws and prove - they are right. Certainly, to collect from housing and communal services real money difficult, but we force to do recalculation and zachest illegally paid sums on account of the future payments. Happens, and moral harm we collect in favour of citizens, small, but all - taki.