If you turned off the gas because of the tenant. Illegal actions of the service organization

Last update: 06.11.2016

It so happens that gas workers take, and even cut off the gas illegally. The reasons can be very different. For example, non-payment on the part of the subscriber (moreover, the term of non-payment is not important here: they may not be disconnected even if the payment is delayed for many years, or maybe for non-payment for two or three months - that's as they please). Or - if the subscriber did not transmit the gas consumption meter readings for some time. Or - if, as the gas workers believe, he did not live at the corresponding address for a "long" time. Well, etc. One thing must be said: GAZPROM is currently a natural monopoly, which at one time privatized such natural resources as gas, which previously, in general, belonged to the entire people. Judging by the behavior of which, sometimes it can be concluded that she does not care about the subscribers. After all, the reasons for the shutdown of gas can be, in principle, different - both legal and illegal.

It is clear that if you have not paid for gas for a long time and, most importantly, are not going to do this, then Mezhregiongaz will most likely be right if it disconnects you.

At the same time, you may also think: is it really worthwhile to get involved with this very gas and such an ugly consequence of this as the so-called "maintenance" they deal with the monopoly and the laws that enable it to do so). Maybe it's worth switching to, say, using electricity (it's kind of easier to deal with electricians). Or go back to the old and proven ... wood (or coal) heating, where, by the way, no one will control you and carry out maintenance. Don't think this is a joke ...

After all, believe me, this is, in fact, definitely easier than every year (or even two or three times a year) you are forced to launch gas workers into your house, who will demonstrate to you their knowledge in the field of gas equipment and, on the basis of such demonstrations, to exercise psychological pressure on you, for example, about the "urgent need" for a replacement, stove or heater. Referring to the fact that your equipment, they say, already serves longer than the standard period of its operation. Issuing various prescriptions, etc. Finding different "malfunctions" there (which sometimes are simply nitpicking). Sometimes it is hypocritical pretending to be "caring" about you and your home (well, they say, security).

However, if you have a relationship with Gazprom (for example, you can quite freely, without different appointments there, go to the office of ANY chief there and do whatever you like there) and / or you are ready to change your gas equipment every years 5, or even every year, then this is one thing, which means that it is easier and clearer for you. But this article will focus on all the others. Those. about those who are still unclear about something. So - just for them - we will try to clarify the situation at least a little.

So what to do in case of illegal gas cutoff?

Let's see what are the main reasons for illegal gas shutdowns for (private) consumers:

• Lack of proper warning to consumers about the upcoming gas shutdown act
• Infrequent appearance of consumers in the place where gas equipment is used
• Imaginary malfunction of gas equipment
• Repeated fact of non-transmission of gas meter readings by the subscriber to Mezhregiongaz

It is clear that here it is possible to dispute the appropriateness of each of the given "reasons". But whoever distributes the gas is likely to make opposite "arguments." Therefore, we will consider some facts.

4. We are writing an application to the society for the protection of consumer rights, as well as to the state housing inspection - with a request to bring Mezhregiongaz to administrative responsibility under Art. 7.23 of the Administrative Code of the Russian Federation (two copies).

5. The next day (if the day is turned off or in the morning - then on the SAME (!) Day - as soon as possible) we find out the exact amount of debt (excluding the cost of gas disconnection and connection services), go to the bank and pay for it. We make four photocopies of a check issued at the bank (receipt, payment order, etc.) and present the original along with a photocopy to the Local Gas Service Department and ask to confirm in writing that the amount of debt for the supplied gas (excluding payment for the above services) as of the date of presentation of the bank document is repaid in full. If for some reason they refuse to do this ( which is a violation of your rights to information, because at the same time, the gas supplier keeps you, the consumer, in the dark about the possible amount of your debt for the supplied gas) - we add a description of the specified (i.e., one more) act to the claim, already in WRITING, asking, thereby, to inform you about whether you have repaid your debt for gas on the current date, or not, not forgetting to attach a bank document about payment. We make a similar amendment in applications to the prosecutor's office, housing inspectorate and the consumer protection society. So to speak, we will attach to the case - this will then give you additional evidence of the illegal actions of the gas service. We are trying to ensure that a wet seal of the organization (gas service) was put on your copy of the claim and the signature of the authorized person (the employee who accepts the claim) was put. Make sure your copy is dated correctly and legibly!

6. Now you can safely go to the prosecutor's office, the consumer protection society and the housing inspectorate, similarly giving the statements due to them. Of course, we also attach one photocopy of the bank's check to the applications. We leave the fourth photocopy as a souvenir - in case you suddenly lose the original - so that, based on the payment details, then the bank will quickly figure it out and help you prove the fact of your payment.

7. We are waiting for the results, ie. responses to your statements. The police, prosecutor's office, society for the protection of consumer rights, as well as gas workers will answer you within a month (while you "enjoy" without gas and do not have the opportunity to use a normal wood-burning stove - you can't have a wood-burning stove in the same room if you have a gas boiler ... great, isn't it? Oh, yes, we forgot: after all, this is a concern for our safety with you).

8. As soon as we waited for a response to the claim (see clause 2) ( 95% chance that it will be negative), we immediately apply to the magistrate court (Article 23 of the Code of Civil Procedure of the Russian Federation, with a claim up to 50 thousand rubles) or the district (if the amount of the claim exceeds 50 thousand rubles) at the location of the regional branch of Mezhregiongaz (Article 28 of the Code of Civil Procedure of the Russian Federation ) by filing a statement of claim on the obligation of Mezhregiongaz (or as you exactly call it) to restore the gas supply to you at your own expense, as well as (if you wish) to pay such and such material and moral damage (which, by the way, must be justified, otherwise the court will not award anything). It will be necessary to pay the state duty (calculated in accordance with the norms of the Tax Code), attaching a copy of the payment receipt to the statement of claim.

We attach photocopies of existing documents to the application (and then be sure to submit the originals to the court for review and ask Your presence check copies of documents with originals and certify them). Such documents will be:

• Certificate of ownership of your residential building, to which the gas supply is cut off
• A gas supply agreement (by the way, if it is absent, it does not matter: with the actual use of gas, such an agreement is considered concluded, regardless of whether it was drawn up in writing or not) - this is how I established Part 1 of Article 540 of the Civil Code of the Russian Federation: In the case when a citizen who uses energy for household consumption acts as a subscriber under an energy supply agreement, the contract is considered concluded from the moment of the first actual connection of the subscriber in the prescribed manner to the connected network... Unless otherwise provided by agreement of the parties, such an agreement is considered concluded for an indefinite period and may be amended or terminated on the grounds provided for in Article 546 of this Code.
• Certificate of the last performed maintenance of gas equipment
• Receipt for payment of the state fee
• The answer to your statement from the police. If you have not received it yet, it will be possible to attach it to the case file later by submitting an appropriate request orally or in writing (see)
• Your claim to Mezhregiongaz and the answer to it, if any
• Answers from the prosecutor's office and the consumer protection society (if they have not yet arrived, then you can also attach them to the case, as evidence that you tried to restore your violated rights before going to court)
• Documents confirming your material costs, which you were forced to go due to a gas cutoff (for example, you bought yourself a wood-burning or electric stove, ordered its installation in the house, but had to change the defrosted heating pipes, because while you were buying the stove while you were connected it to the heating system, your pipes could not withstand the cold and burst, well, etc., etc. - everything must be documented - where the stove was bought, for how much, who established the fact that the pipes of the heating system were defrosted, etc. etc.)

The court will consider your application within 5 days (Article 133 of the Code of Civil Procedure of the Russian Federation) from the moment of its submission.

Therefore, by the way, after FIVE days after the filing of the statement of claim, it is advisable to appear in court, find out which particular judge the case was assigned to, and contacting him or his secretary to find out about his fate. In particular, whether it has been accepted for consideration, on what date it has been appointed. Perhaps you will be asked to come up in a couple of days, or perhaps they will immediately be asked to sign the notification of the appointment of the process for a specific date and time. This, by the way, is much faster and more reliable than waiting for a summons by mail, which may not reach you at all.

In addition, you may be asked to personally enter the notice of the court session in Mezhregiongaz. You should not refuse, because personal notification (you are in the role of a courier) will significantly speed up the proceedings. And besides, it will give you firm guarantees - either the appearance of the defendant in court, or the consideration of the case in his absence, as duly notified.

If you do not provide an answer to the claim (to the gas workers) in the court, he, the court will return your application without consideration (Article 135 of the Code of Civil Procedure of the Russian Federation). True, if you do not receive an answer within a month, then you can go to court without him, referring to this circumstance in the statement of claim: that the defendant does not respond to your claim, ignores you as a consumer, although you have paid off the debt for gas payments almost as soon as you are reminded of it.

9. So, it will take (maximum) a month to wait for a response to the claim. Another 5 ... 7 days are waiting for the court to schedule a hearing. Then - the term of the trial: this is still, at least 1 ... 2 weeks. True, you can ask (file a motion) the court to schedule a hearing as soon as possible, given that you live in a critical situation and suffer great hardships.
But that's not all. The fact is that the defendant (Mezhregiongaz), most likely (99% probability), will appeal the court decision if it is in any way in your favor. And the appeal takes place within 1 month (Article 321 of the Code of Civil Procedure of the Russian Federation). And only after that, if the defendant does not send an appeal earlier, the case will be sent to a higher court. It's still a week or two.

In total, it turns out about three (!) Months of waiting (and even then, provided that the case will be considered quickly, that the judge will not go on vacation, that the defendant will not delay the consideration of the case, etc.). If the gas is turned off in the fall, WINTER may pass. By the way, gas workers (who care about the safety and gas supply of their consumers) are well aware of all this.

But, if your gas was turned off really illegally, then there is a very high probability that the court will oblige the gas workers to restore the connection, and even recover from them your justified moral and material damage. And, of course, the state duty paid by you (it is advisable to ask the court about all this in the statement of claim, and also to support these requirements during the trial). There are a lot of positive examples of judicial practice. For example, here is a positive court decision. Here's another one.

However, it should be noted that, even if the gas equipment has recently been serviced, it is necessary that it be FUNCTIONAL at the time the gas is turned off. Otherwise, gas workers may begin to utter words that the gas supply to the faulty equipment is prohibited. Your arguments can be: the fact of its work up to the moment of shutdown; the fact of maintenance in the prescribed manner and within the required time frame; the fact of the absence of a drawn up certificate of gas shutdown, in which the equipment malfunction is not recorded. It should be understood that the courts take into account such facts very well.

Or pay for everything the gas workers demand? ...

The second way is that you can in good faith (although in fact, under duress) pay all the amounts that the gas workers ascribe to you. And who knows, what if they try to ascribe to you the costs of heating the moon (if you say that for you the whole universe is your home); or impute an extraordinary calibration of the gas meter ... but you never know what else. The fact is that if a person (in this case, the gas service) acts illegally, one can theoretically expect anything from him, i.e. any requirements.

After paying within 5 days, they are obliged to connect the gas to you (it is clear that they are obliged - this does not mean that they will definitely connect; but if they do not do this even after paying ALL the amounts, then a completely different, more specific legal claim arises here). So, after the gas supply is restored, you can try to recover part of the amount from the gas workers as unjust enrichment.

After all, you have already submitted a claim to them, where you expressed your disagreement, for example, with the obligation to pay the cost of gas disconnection and connection services. And if (after the gas supply has been restored) the gas workers did not answer you in writing or gave a negative answer (that, they say, you are obliged to pay the cost of these services), then on the basis of either one or the other there is a reason to go to court.

But why is the second way unreliable?

The fact is that it's one thing when gas workers will connect gas by court order... And it is completely different - after you have fully paid all the amounts declared by them and the connection is made based on the repayment of your debt, including the one that is being collected from you illegally.

In the first case, they are obliged to unconditionally restore the gas supply (provided that up to the moment of shutdown your gas appliances functioned normally, their maintenance was carried out on time, you used gas, the malfunctions of the gas equipment are not reflected in the gas shutdown act. there was no evidence of equipment malfunction at the time the gas was turned off.Well, at the time of connection, the gas workers themselves could have spoiled something there ... because they are an interested party).

Whereas in the second case, before connecting the gas, of course, first of all, they will go to look at your devices for faults (well, they must ensure safety, they also care about consumers; who knows, or maybe while there was no gas, something broke there). After all, they (as well as their leadership) currently possess a certain set of legal knowledge. And they know that in such cases people often sue, and it is not so rare that court decisions protect citizens from exorbitant actions (or acts) of gas workers.

So, if they simply (without a court decision) come to connect the gas, then they may try to detect "malfunctions" in your gas equipment. Which, with a strong desire, can be easily done. For example, to detect an alleged "malfunction of the pipe joint in the supply gas pipeline" (seeing, for example, some tiny bubble of gas emanating from the joint). Or the notorious automatic malfunction. Not to mention just asking you to bring something (wait until you temporarily leave the premises), and in the meantime ...

By the way, the latter is by no means a figment of the imagination, but real cases - judging by the feedback from subscribers on the Internet.

Perhaps the gas workers will not do this to you. However, there are some examples. For example, when just a couple of months ago, before the gas was turned off, another maintenance was carried out, during which something was lubricated, twisted and, as a result, a conclusion was given: the gas equipment was adjusted, it was serviced, the gas leak from the joints was eliminated, etc. Those. after maintenance it became serviceable and serviceable. And suddenly - again "malfunctions" ...

The reason for the appearance of such "malfunctions", somehow unluckily discovered exactly at the moment of gas connection, is apparently clear.

If the gas equipment is old, they will also say that, they say, the standard period of its operation has passed and it supposedly needs to be replaced (or diagnosed), describing the most terrible consequences that it supposedly can cause ( for one reason only: that the service life has expired). And this, we repeat, despite the fact that quite recently an employee of the same gas service has already carried out diagnostics and, judging by the act drawn up by him, has eliminated all the identified malfunctions.

So, in this case, gas workers may well say that since the equipment is faulty, then it cannot be connected. Well, if malfunctions are identified in each piece of equipment connected to the gas network, then they can seal the common tap (on the street), having previously shut it off, of course. Or turn off the gas again, because, in their opinion, the state of the consumer's gas appliances creates a threat of an accident. The result, I think, is clear.

If you bring up a speech on the subject of a possible lawsuit in court against the gas service, then you will be confidently explained that with faulty equipment such a lawsuit is at least useless.

It is clear that due to the presence of a monopoly (well, in most cases in Russia this is so), the gas service has practically no chance of winning a claim for maintenance and diagnostics of gas equipment. For there is no way to call an independent technical commission (as is done, for example, when assessing the condition or value of real estate, the cost of damage to a car after an accident, etc.).

In principle, of course, it is possible to contact technical specialists, for example, to a specialized university, i.e. to scientists specializing in a technical field, or to a factory, or to a design office, or the like. - in order to conduct an objective examination of your gas equipment. But, even if the court subsequently takes into account the result of the examination, nevertheless, the qualifications of the gas workers will hardly raise doubts. And then, it will take a lot of time.

conclusions

So: either stand up for your rights to the end, sit for months without heating, hot food, etc., but at the same time, with a high degree of probability, oblige gas workers to connect gas by a court decision and force them to stop demanding from you the amount of payment for shutdown services and gas connection (maybe in the future it will not be good for them)
either -
pay for everything (yes - everything that will be required); it is possible that you will soon continue using gas, but with a low guarantee of the return of money illegally attributed to you.

If anything, the gas workers are, of course, aware of all this. Many consumers, not wanting to sue, follow the lead of the gas industry and pay whatever they demand, without delving into whether these requirements are legal or illegal. But, thank God, not everyone does this.

Further, it should be said that if the gas is connected by a court decision, the subscriber will have the opportunity to recover damages from the gas workers. And, in addition, they can be prosecuted for illegal shutdown (only AFTER the fact of illegality is confirmed by the court). If you first pay for everything that the gas industry demands, and then go to court, the chances of recognizing the gas cut-off as illegal will be much less. For the court will most likely note that since the gas supply was restored at the time of the trial, therefore, there is no subject in dispute. It is clear that such a withdrawal will be illegal (if the consumer suffered damage as a result of the disconnection), it can be appealed, but this is an additional effort.

Best regards to you.

And, in general, if you speculate a little ...

During the times of the USSR, gas, oil, as well as other minerals, according to the Constitution of the USSR, were national heritage... That is why, by the way, their cost for the Soviet people was purely symbolic (well, so as not to be just zero). And no one dared to raise this value above the symbolic level.

But now, skillfully (fortunately, there was someone to help in this) destroyed the USSR. In its place arose the country of Russia (well, and a number of CIS countries, of course). The Russian constitution, in contrast to the Soviet one, somehow imperceptibly ceased to contain norms about the fact that the country's natural resources belong to its people. As a consequence, it turned out, naturally, that the citizens of Russia are obliged to pay for the use (consumption) of its natural resources, and, let's say, pay well, i.e. - in full (sometimes - more than in other resource-producing countries). And, which is natural, every year - more and more. Well, the market is there, inflation, they say, is there, etc. What, they say, can you do here.

A number of organizations have emerged that have become the de facto "owners" of natural resources. For example, the same Gazprom. It is clear that, if expressed strictly legally, it seems that he is not an owner, but only a tenant. However, based on practice, it often demonstrates precisely the properties of the owner of the gas. This applies, in particular, to organizations that carry out gas distribution.

How is this expressed? In particular, if consumers do not pay for the consumed gas for some time, then Gazprom may well take, and even disconnect them from the gas network. Moreover, judging by practice, including judicial, such shutdowns are often made illegally. Well, of course, Gazprom itself (represented by a relevant organization, like OOO Mezhregiongaz ...) seems to think differently (however, this is banal and understandable ...). But for some reason, Russian courts, based on the current Russian legislation, often still make decisions in favor of illegally, undeservedly offended consumers, despite, it would seem, the latter have a certain debt on payment for gas, as well as others. " sins "- from the point of view of Gazprom. Of course, having gained access to the natural gas resources of the WHOLE (!!) vast country, someone, apparently, thought that Gazprom could now not think too much about consumers.

Domestic gas explosions in Izhevsk entailed inspections of all gas-filled houses. All this created difficulties: for someone, because of the old stove, the resource was turned off, for someone, because of an absent neighbor, private traders became more active, posing as ordinary gas workers. They provide unnecessary services with a large bill. What should the residents of Izhevsk do with this?

The story of a house

Residents of the house number 156 on the street. Maxim Gorky was left without gas on Friday, January 26, after the gas equipment was checked in their house. But the specialists did not manage to get into all the apartments, and they turned off the gas in the whole house. Residents were left without a resource for the entire weekend.

“If during the inspection we realized that somewhere there is a gas leak, we must stop the gas supply,” said Zhanna Nagovitsyna, head of the legal department of Gazprom Gazoraspredelenie Izhevsk.

If gas workers do not find a leak in accessible apartments, then it is where the owners are not at home. Until it is eliminated, it is deadly to supply gas. Another thing is that there are problems with notifications. Not everyone knows that services will come to them.

- We had a notification, but in violation of the terms. We ourselves were notified not 20 days in advance, as needed, but 15, ”said Ildar Almukhamedov, deputy director of West-Snab MC. - We informed the residents of the house number 156 on the street. Gorky by posting ads. Such announcements are thwarted by some residents. There is another point, "controllers" really should provide access, but only to the indoor equipment (gas risers, plugs), residents provide access to the indoor equipment.

Question 1. How often do gas workers come?

“Now, according to the new requirements, we have to check gas equipment not once every three years, but annually,” said a representative of Gazprom Gazoraspredelenie Izhevsk. - Accordingly, the volumes have increased. We are currently working to improve the service for notifying residents. Also, new standards are forcing us to increase the number of employees. They need to be trained and certified.

Question 2. Do you have to pay for checks?

Zhanna Nagovitsyna, head of the legal department of Gazprom Gazoraspredelenie Izhevsk, said that all work is being carried out as part of maintenance work and there can be no additional fees for checking.

By the way, this is what may indicate scammers who come under the guise of checking, but ask 3-5 thousand rubles for this. Another "bell" - if you have not seen the announcement of the upcoming check. In doubt, ask your management company (the number is written on the payment card).

Question 3. Do you recalculate?

By disconnecting the house from the resource due to a leak, residents are left without gas. Will they have to pay?

- Suspension of gas supply will entail recalculation, it is not even discussed. The monthly fee will be reduced, since the service was not provided and the gas supplier is doing it, - says the head of the State Housing Inspectorate of Udmurtia, Marat Ismagilov.

Question 4. Could you come at a more convenient time?

Residents are required to let supervisory authorities into their apartments to check the equipment, because this is not only legal, but also in their own interests. But what if the ads write: "All tenants will be in their apartments on Friday from 10:00 to 16:00." For a working person, this is quite difficult. Gas workers cannot answer this question.

- On the issue of changing the work schedule. All our employees are officially employed, we cannot just take and put them in front of the fact that they will work in the evening. They have to agree on their own. Work in this direction is now underway, - said representatives of Gazoraspredeleniye.

By the way, the owner does not have to be at home himself. You can ask neighbors to open the door.

- But this is if you have an indirect contract with a resource provider on the supply of gas. Then the owner of the apartment must be in place. But there are not so many such cases, - the head of the State Housing Inspection of Udmurtia answers.

Question 5. Why should we suffer because of our neighbor?

- Why should the whole house suffer because of several apartments in one entrance? Why not punish tenants who don't provide access?

- This is a technical issue. There are houses where there is one shut-off valve for the entire building, that is, we cannot turn off a separate riser, but there is a valve for the riser, ”Gazoraspredeleniye reported.

Management companies are now thinking about offering residents of houses where there are no separate risers to make them by installing shut-off valves.

By the way, there are also fines.

- If the owner does not provide access to the apartment and was notified twice in advance, then he will receive a fine in the amount of 1 to 2 thousand rubles. The service should be arranged at the level of the management company, which should have all the contacts of the owners. This is the only way to exclude the options “did not see, did not hear,” said Marat Ismagilov.

Question 6. How to find out what is the service life of the stove if I have lost documents for it?

Sometimes the owners are cut off from the gas for too old equipment. For example, because of the stove. True, not everyone knows how old their slab is.

- According to GOST, the maximum service life of our gas stoves is 15 years. The hobs last 8-9 years. You can find out the deadline on the manufacturer's website. There are times when the stove has been standing exactly from the moment the house was built, in particular in Khrushchev houses. In this case, gas workers have the right to turn off the stove, because the service life of such stoves has expired for a very long time, - Marat Ismagilov replies.

If the gas was cut off because of the old stove, you will have to call the gas workers again.

- The procedure is as follows: after the owner buys a new stove, he must call Gazprom Gazoraspredelenie Izhevsk and leave a request for installation. This, of course, is paid. Even if you change the stove outside of the check, calling the gas workers costs money.

Question 7. Is it possible to refuse from gas in one separate apartment?

- There is such an opportunity. If you want to give up gas, for example, by buying yourself an electric stove, then you need to write a statement to the supplier - Gazprom Gazoraspredelenie Izhevsk. In it, indicate that you want to refuse to provide gas services. Then specialists come who will put you a plug that cuts off your apartment from the common riser, ”says Marat Ismagilov.

Should you have warned? Read the answers (2) Topic: Little children We have been living in a five-apartment townhouse for two years now, we regularly pay for gas, we have a personal account, an agreement, on February 26, the gas was turned off without warning, read the answers (3) I came home today , and I have turned off the gas.read answers (2) Topic: Gas supply in the apartment Turned off the gas without warning.read answers (1) Topic: Our actions : Gas debt Turned off the gas in the apartment, debt 2000 rubles, without warning, what to do? the register and the course of the week explain the answers (1) Do gas workers have the right to climb over the fence and turn off the gas without warning.

What if your gas was cut off without warning?

All the reasons why you can turn off the gas, you yourself can study in paragraphs 45 and 47 by the Decree of the Government of the Russian Federation of 21.07.2008 N 549. Conclusions from the article! As you can see, the gas can be turned off not only due to non-payment, for this the supplier has a number of reasons.

Turned off the gas: can they turn it off without warning

• If the consumer refuses to admit the supplier's authorized persons for verification, to carry out the corresponding verification;
• If the consumer does not pay for gas for 2 billing periods in a row;
• If the consumer uses gas equipment that does not correspond to the equipment specified in the contract;
• If the gas supplier has received a notification from an organization that has concluded an agreement with the consumer for the maintenance of indoor and indoor gas equipment, that the consumer is using equipment that does not meet regulatory requirements and therefore presents a hazard.

Illegal gas cutoff: what to do?

If everything is clear with disconnection without notification, then let's look at how disconnection with notification occurs. If you do not pay for gas within 2 months, then this is a reason for stopping the gas supply unilaterally.
But the supplier cannot just come and cut off the gas supply to you without warning, he, as already mentioned, is obliged to notify you in writing. The notification procedure is as follows. The supplier sends the consumer a certified letter with acknowledgment of receipt, with a warning that if the consumer does not pay for the gas supply services, then the supply will be interrupted.
Notice will be sent at least 20 days prior to the termination of the submission.

Do gas workers have the right to turn off the gas

The subscriber needs to provide unhindered access of specialists to equipment and pipelines. It is especially important not to create obstacles for the employees of the service company if it is necessary to localize or eliminate the consequences of accidents.
In emergency situations, access to specialists must be ensured at any time upon presentation of their ID. Consumer misconduct can pose a safety risk to other residents and their property.
10 adorable star children who look completely different today Time flies, and one day little celebrities become adults who are no longer recognizable. Pretty boys and girls turn into ...

Turned off the gas without warning

Meanwhile, the supplier and the subscriber may conclude an additional agreement that the debt will be paid in installments. The contract sets out the schedule and amount of payments.

Attention

After that, the supplier resumes service within two days and removes the seals from the equipment that were set when the gas was cut off. How much does resupply recovery cost? The amount is determined based on the costs incurred by the supplier in connection with the suspension of supply.

Many people are interested in the answer to the question: what to do if the gas was turned off without warning? The tariff and the price of the supplied services are directly related to the size of the apartment and the number of people living in it. Most often, the termination of services in an apartment occurs due to an accident on the gas pipeline. However, it is possible to stop serving for other reasons.

Hello, dear portal visitor! Unfortunately, the article only discloses a typical answer to your question. To consider a particular problem, write it to us. One of our lawyers immediately and completely free will advise you.

In what cases is it possible to disconnect

Can they stop the gas supply to the entire entrance? Yes it is possible. For this, there is a Government Decree No. 549. But the validity of the actions of gas workers may be illegal.

There are situations when an organization cannot legally stop gas supply. However, at each scheduled stop, the client is required to notify in advance of this in writing.

There are factors in which it is possible to interrupt the supply, even during the heating season:

• an agreement has not been concluded according to which emergency and technical maintenance is carried out;
• special equipment was assembled independently;
• there are defects in chimneys or other communications;
• the residents of the house are being relocated;
• damage has occurred that cannot be repaired on site;

The reason for the disconnection of the gas supply due to the fault of the user:

• non-compliance with the agreement and causing obstacles to obtaining the information required to establish the true amount of gas consumed;
• not providing access to the premises to the employees of the Criminal Code or an employee of a special organization to carry out an inspection;
• use of equipment that does not comply with agreement or does not comply with regulatory documentation.

Unplanned shutdowns include damage to special equipment inside the house or in distribution lines. In the event of a breakdown or leak, the gas service first of all worries about people. People are obliged to take it easy when the gas supply is cut off due to an accident or damage. Often the gas can also be turned off for a large family.

For how long can the service be terminated, according to the law

Our regulatory enactments limit the time frame for how long the gas supply can be interrupted:

1. When repairing a gas line or other equipment, they have the right to turn it off for a total of four hours within one month. For any hour above this limit, the total monthly payment is reduced by 0.15 percent.
2. In case of damage, the supply is stopped for a day, and it must be resumed within two days.
3. If there is a debt, the subscriber must receive two warnings, forty and twenty days in advance, with a request to pay off the debt. If he does not fulfill the conditions on time, then in three days the gas organization does not provide the service at this address.

Illegal actions of the service organization

It often happens that the gas is turned off in violation of existing rules. It is illegal to disconnect if:

• the client has not paid for the service, but there is no debt;
• renovations have been carried out in the house, but gas is not supplied;
• the special equipment that was supplied in the apartment, following the results of the inspection, was found not to comply with the regulatory documentation, but the tenant wants to challenge this decision;
• the period that was set for the elimination of damages has passed, and the organization has not performed the necessary maintenance actions;
• the delivery was interrupted throughout the house, due to the debt of one neighbor;
• the visit and control of metering devices and special equipment did not take place due to the absence of the tenant.

The procedure for notifying the subscriber about the interruption of gas supply

To stop the gas supply, the company is obliged to notify the tenant about this no later than twenty days before the shutdown time. This is done by registered mail with notification. This letter indicates the reason for the disconnection and the time. The user has time to eliminate all deviations that are indicated in the warning. After that, it is necessary to notify the gas service of the elimination of all inconsistencies.

But it is worth remembering that the supplier is not in all cases obliged to warn about a possible shutdown, for example, in cases of damage or leakage, as well as if special equipment threatens an accident. Then the gas workers suspend the flow without warning.

The supplier has the right to cancel the contract unilaterally only in certain circumstances. On the other hand, the client can terminate the agreement at any time by notifying the service organization and paying for all services.

Where to go when supply is cut off

It happens that gas workers improperly fulfill their obligations stipulated in the agreement and violate the requirements established by the current legislation. The subscriber must know where to contact if the service is disabled illegally. He has the right to complain about the illegal actions of gas workers and restore violated rights.

Where to call if the gas is cut off? First, you need to call the service company and find out why the supply was stopped. If you believe that the gas cut off was illegal, then you must contact the customer service department for a written explanation.

Then you need to fill out an application with a request to conduct an examination in the city administration. Based on the results of the examination, an act-conclusion is drawn up. This is followed by an appeal to the court.

A claim is drawn up, the result of an examination, an explanation of the supplier, an agreement for maintenance, a document for real estate, a certificate of absence of debt are attached to it.

Since, upon termination of the supply, the employees of the company did not follow the notification procedure, or they did not have proper grounds to terminate the supply, and for the renewal require payment of all costs, a person may demand in court proceedings to declare the termination unreasonable and oblige the supplier to restore the gas supply at his own expense. ...

In addition, the consumer has the right to recover from the organization compensation for moral damage, the amount of which is determined by the court.

In order to identify all malfunctions in time, the gas service workers carry out scheduled inspections. People need to provide employees with access to special equipment. In the event of an accident, expert access must be ensured at all times. Illegal actions of the subscriber pose a threat to the safety of other citizens and their property.

The number of utilities provided to the population includes gas supply. If the consumer complies with the terms of the contract with the supplier, the gas supply must be carried out without any interruptions. Meanwhile, in practice, there are cases of sudden suspension of supply. Let us consider further in what cases it is possible.

Common Causes

Gas today is supplied not only to apartment buildings, but also to private houses. Gas cut-off can be done when:

• The absence of a contract, the text of which provides for emergency maintenance.
• Independent consumer connection or unauthorized installation of devices.
• Detection of a malfunction in communications.
• Eviction of citizens from home.
• Emergency situation (e.g. gas leak).

Consumer violations

Suspension of gas supply is quite often caused by unlawful actions of the consumer. It usually happens

• For non-payment. Termination of gas supply is allowed if payment from the subscriber has not been received for 2 consecutive months or on the date of shutdown, the amount of the resulting debt is greater than the amount accrued for 2 months.
• For regular violation of the rules stipulated in the contract with the supplier.
• For creating obstacles for representatives of the supplying organization to obtain the information necessary to determine the actual volume of consumption. For example, a citizen does not let gas workers into the house so that they can record the meter readings.
• For the use of equipment that does not meet the requirements of the law, as well as does not comply with the terms of the contract.

The reasons for the gas cutoff can be established in the agreement between the supplier and the subscriber.

Service company warnings

There is such a thing as "". In this case, the supplier company is obliged to inform citizens about the upcoming events. Placed in an accessible place for subscribers. As a rule, it is published on the official website of the supplier on the Internet.

In accordance with the current Rules, approved by government decree No. 549 of 2008, the supplier company must notify subscribers of the gas cut-off 20 days before the event. The notice is drawn up in the form of an information letter. It indicates the reasons for the temporary shutdown of gas.

If the reason for the suspension of supply is the consumer's debt, the notification is sent to the citizen 40 days before the disconnection. The subscriber will receive a repeated notification 20 days before the date of the corresponding work. If the consumer does not take any action in this case, it will be done within three days without additional notice.

Is it possible to suspend supplies without warning?

Yes, it is possible. Switching off the gas without warning, however, is permitted in exceptional cases. These include:

• An accident in the gas distribution network.
• Gas leak.
• Breakdown of indoor or indoor equipment.
• Failure of devices identified during the inspection and posing a threat to the safety of residents.

Of course, in such situations, switching off the gas without notification is quite reasonable.

Illegal actions of the supplier

In practice, there are cases when the disconnection is made in violation of the established rules. For example, it is illegal to cut off the gas supply if:

• The subscriber did not pay according to the receipt, but he has no debt.
• The technical work in the house was completed, which required a shutdown; however, the gas was not connected.
• The equipment installed in the subscriber's living quarters, according to the results of the check, was found not to comply with the standards, however, the consumer intends to challenge this fact.
• If the time allotted for eliminating the consequences of the accident has expired, and the supplier has not performed the necessary maintenance measures.
• The gas was turned off throughout the residential building due to the presence of debt from one subscriber.
• Access to metering devices and equipment was not provided due to the absence of the owner.
• The owner of the dwelling refused to carry out the check twice.

The timing

As stated in the regulations, the duration of the disconnection depends on the reasons for which it was carried out.

If there is a need for repairs, gas supply can be interrupted for a total of 4 hours per month. When disconnected for a longer time, the amount of consumption payment is reduced by 0.15% for each excess hour.

In the event of an emergency, the gas supply can be cut off for no more than a day. The full resumption of supply is carried out within two days after the elimination of the consequences of the accident.

In case of disconnection for non-payment, gas supply will begin after the entire debt has been paid off. The renewal of supply is made in this case within 5 days.

Where do you need to contact in case of disconnection?

If the subscriber believes that the gas supply was interrupted illegally, he should first of all contact the service company. A written explanation should be obtained from the customer service department.

After that, you need to apply to the administration of the municipality with an application for an examination. Based on its results, a conclusion should be drawn up. The next instance will be the court. The subscriber draws up a statement of claim, attaches all available documents to it, including an expert opinion, explanations of the supplier company, a service contract, a document of title to a real estate object, a certificate that he has no debt to pay for consumption.

How is the gas connection carried out after disconnection?

After eliminating the reasons for the suspension of service, the subscriber applies to the supplier with an application for reconnection.

If the gas was turned off due to the occurrence of a debt, the resumption of supply is made, as a rule, after its full repayment. Meanwhile, the supplier and the subscriber may conclude an additional agreement that the debt will be paid in installments. The contract sets out the schedule and amount of payments. The supplier then resumes service within two days and removes the seals from the equipment. turning off the gas.

How much does resupply recovery cost? The amount is determined based on the costs incurred by the supplier in connection with the suspension of supply. Connecting indoor appliances is paid separately. There are no uniform tariffs for all regions. The amount of payment is established directly by the service company.

Gas Supplier Warnings

Service companies regularly remind subscribers about the rules for using gas equipment. Compliance with the requirements will prevent an emergency shutdown of gas.

• Do not repair faults yourself, either in the equipment or in the gas pipeline. In such situations, it is necessary to shut off the gas supply to the devices and call specialists.
• Adequate ventilation must be provided in the areas where the equipment is installed.
• You should regularly check the draft before switching on and directly during the operation of the equipment with the removal of combustion products into the chimney.
• Do not place pans with a wide base on the burners of gas stoves.
• If the flame suddenly stops burning, all gas supply valves must be closed immediately.
• Working gas equipment should not be left unattended. An exception may be devices designed for continuous operation and equipped with automation.
• Young children and persons under the influence of alcohol should be kept away from gas equipment.
• It is forbidden to use the devices for other purposes. In particular, you should not heat the room with a gas stove, tie clotheslines to pipes, dry your hair or laundry over a burner flame.
• Shut off the supply taps after each use of gas.
• It is forbidden to leave flammable objects and materials (rags, paper, etc.) on the stove or at a close distance to it.
• It is forbidden to carry out independent gasification of an apartment or house, as well as reinstallation and replacement of gas appliances.
• Modifications to the equipment design are not allowed.
• It is forbidden to redevelop the premises in which the devices are installed without coordinating the project with the relevant organizations.
• It is not allowed to change the device of ventilation ducts and chimneys, to glue and brick up hatches intended for cleaning chimneys.
• It is forbidden to turn off automatic protective systems, use gas in the presence of malfunctions in equipment, automation.
• It is not allowed to use the premises in which there are gas appliances for rest and sleep.
• It is forbidden to use open flames to detect leaks.

Conclusion

For the timely identification of malfunctions, the gas service employees carry out scheduled inspections. The subscriber needs to provide unhindered access of specialists to equipment and pipelines. It is especially important not to create obstacles for the employees of the service company if it is necessary to localize or eliminate the consequences of accidents. In emergency situations, access to specialists must be ensured at any time upon presentation of their ID.

Consumer misconduct can pose a safety risk to other residents and their property.