The elderly Minskanka regularly paid the "communal", and now her family threaten to evict from the apartment. Debt more than 900 rubles appeared after a strange recalculation for water. As a result, the last year of Minsk residents spent in courts, but as long as they defended themselves from the claims of the reference center, the penalties grew. For a very long time, Belarusians hoped that the court would hear: a debt is set without legal grounds. Now they want to hear not only the court.
More than a year ago in the mailbox of the Minsk apartment, together with fat, fell on the court. Of these, residents learned that the Center for Information Technologies of the Minsk City Executive Committee is waiting for them to pay more than 290 rubles for the "communal". Later it turned out that this is only a small part of the debt. Now the estimated reference center is already sent by other documents: first they warned that if the debt was not repaid, turn off and water, and light; Now - what is evicted from the apartment. When you pay a "communal" regularly and on time, this is clearly not waiting.
Pension hostess Apartments are very small. Her daughter also earns a little - about 500 rubles, which you need to raise a small daughter. There was still a salary of the son of Alexander - he lives separately, 700 rubles contains a family of three people. There was a lot of grant for the family for a family for a year ago, and now, because of the penalties, halved. Now Minsk residents require more than one and a half thousand rubles. And while you read this article, the penalty will grow.
Prehistory: You are alive with the agenda
Elderly owner of the apartment regularly went to the post office and paid bills. But I did not know that now for several months, these payments are leaving for the repayment of a huge debt. It turned out that "Vodokanal" suspected the tenants of the apartment in the unaccountable consumption of water and demanded to recalculate. It turned out the amount of more than 900 rubles. About the recalculation, the defendants learned almost by chance, when after the trial, which the plaintiff himself did not appear at all, went with questions in the estimated reference center.
- We have come a letter - we recycled. Go call you to "Vodokanal", - answered there.
In March last year, when the agenda came to court for the first time, Alexander, the son of the owner of the apartment, was confident that there could be no debts from his family. In the grade "Peny" in the grains of the mother almost always aimed "0.00".
- Mom - an elderly woman. She came to the post office and paid as much as she told her, always did it. How many said - so much and paid.
And it came out that the fee for the "communal" simply dissolved in another debt, which Minsk resident refuse to recognize legitimate. To afford full-fledged lawyer services The family could not, and Alexander had to defend the interests of the family and an elderly mother in court on their own.
We study the materials of the case. "It's how to give 5 rubles and say that it is 5 dollars"
In the fall of 2019, Minskvodokanal sent a letter to the settlement and reference center and demanded a recalculation of fees for utilities in the Minsk apartment, where four people are prescribed - Alexander himself, his mother-pensioner, sister and a small niece. In fact, only two live there.
Period of recalculation - a year and a half. Base? According to "Vodokanal", six months ago counters were faulty. Alexander points to the Counts "Reference" in acts. In them, the representative of the "Water Supplies" is inscribed with a neat "yes".
- In all acts, reconciliation for that period it was stated that the counters are working. According to the contract, in the event of a malfunction of the Counters of the UE "Minskvodokanal", it was obliged to replace them. At what point and who decided that they became faulty? - Does not understand the course of the thought of the organization Alexander.
But the letter from Minskvodokanal still came to the emission-reference center, and there concluded: for the water, Minsk residents should pay not "on the counters", but "according to consumption standards". Norm on four - 32 cubic meters per month. This is more than more than "in the counters".
But why such a long term - a year and a half? The period for which you can recalculate may be more - up to three years. The point of reference will take the date of the last reliable testimony of the water meter. In the case of the apartment Alexander such a date, June 2017 was chosen: then in the act of reconciliation, compiled during the planned crawl of the apartments, wrote "everything works."
That in this story does not work, so this provision No. 571, approved by the Council of Ministers, and Resolutions No. 510 and No. 788, believes Alexander. Back in 2014, the Council adopted a resolution in which it clarifies how to do, finding unaccountable consumption of water or other utilities. It is assumed a simple action - for ten days, representatives of the artist's organization must knock on your apartment and draw up an "act on the unaccountable consumption of a communal service."
This act is drawn up in two copies, is approved by the head of the organization, and after one of the approved specimens is sent to the payer - so that there is no chance of not to know about unaccounted cubic meters.
- Representatives of "Vodokanal" did not compose such acts. They just sent a letter to the RSC, and on his foundation there were recalculated. So the mother and clarified in the estimated reference center after she sent a written request. And when she came to the RSC personally, he heard only "deal with" Vodokanal "," explains the man.
In the case file, some "acts" are still there. These are acts of reconciliation, that is, the documents that are compiled including when planned bypassing apartments when the actual testimony of counters is checked.
- The court recognized the act of reconciliation as an act of unaccounted consumption, although it does not correspond to the act on unauthorized consumption. It is not set out the information that it was necessary to state in accordance with the provision of the Council. This document was not approved from the management of Minskvodokanal. It's like to give you 5 rubles and say - "Let's take it that it is 5 dollars." On both paper numbers "five", but they are not identical, "says Alexander.
A man can explain this and a legal language: according to Article 181 of the Civil Procedure Code, "the facts that according to the law should be confirmed by certain means of proving, they cannot be confirmed by any other means of proving."
Vodokanal specialist explained in court: at that time, there were still no approved acts on unaccounted service consumption, just the form of the form was not approved. Not that there was no time for this - the position of the Council was accepted back in 2014, and questions to the meters from Minskvodokanal arose four years later.
- The employees of the "Water Sport" in court did not deny that they did not constitute an act of unaccounted consumption. They referred to the fact that they did not have such blanks. The fact that the staff did not have an appropriate form could not be an objective obstacle to drawing up an act of unaccounted water consumption in accordance with all the requirements of the provision of the Council of State, Alexander is convinced.
The counter spinned in the opposite direction
In the acts of reconciliation, on the basis of which "Minskvodokanal" demanded to recalculate, it was said that "in the apartment was established by the bidet" and that "when the hot water is turned on in the bidet", one of the water meters "spins in the opposite direction."
Stop, so something wrong with the meters? Why sue? Alexander's mother ordered an independent examination, spent 400 rubles - this is more than her whole pension. The specialist stated: the model of the counter, which is installed in the apartment, the water movement indicator can spin against a clockwise arrow. But this does not mean that he "wures up" cubic meters reversed.
At the same time, in the bathroom I had to knock off the tile to prove that there were no "fraudulent" connections to the pipes to the pipes: Yes, the apartment was installed in the apartment, but the expert justified it - it was mounted without a violation of technical requirements and could not provoke the incorrect operation of the meter.
- It turned out that it is not important. In court, none of the controllers could not explain at all, in which direction the meters indicators should turn. It is important that: the actual data of the instruments show that the volume of water consumption increased - both hot and cold. Spinning counter in the opposite direction, the figures of the actual water consumption would decrease, especially in a year and a half. But controllers when checking counters and actual readings in acts check did not recorded. And according to the testimony that we ourselves were constantly removed, such a "opening" was not observed, "says Alexander.
From the first claim, the estimated reference center refused - but not because I agreed with the arguments of the defendants. Throughout all these months, Alexander's mother paid current utilities, here by the RSC and decided to "wage" these amounts at the expense of debt repayment, which formed for unaccounted consumption. The court of the factory district of Minsk accepted the refusal of the claim, at least the defendant itself, such a "world" was not satisfied. The case was not considered, and the estimated reference center filed a new lawsuit - on the next piece of "duty" "debt". After all, the money "intercepted" and transferred to the repayment of debt for water, then the current "communal" turned out to be unpaid. And penalties continued to grow.
- The fact that we paid current utilities does not mean that we voluntarily paid the debt for the water that we are attributed to. After that, I said my mother so that she until she was in a hurry to pay for current utilities, because with such calculations, the court will never consider the case on the merits. The estimated reference center for a court charges only a small part of the debt calculated, so that the rest to continue to accrue the penalty and that they calculate the debt to infinity. The situation looks like an ultimatum: or pay the "Debt" we have formed voluntarily, or you will not get out of the debts on fines, "concludes a man.
Word a lawyer. "The first principal respondent"
In November, the prosecutor's office protested the decision of the court of the factory district of Minsk. The arguments were listed in the protest, with whom Alexander himself turned to the court: acts about unaccounted water consumption were not compiled, evidence that the violation of the engineering systems is caused by the actions of the defendant, is not presented. "Under such circumstances, the court incorrectly applied the norms of material and procedural law, as a result of which this decision cannot be considered legitimate and reasonable," the appeals said.
But at the last moment the prosecutor's office reversed his protest. Unlike her, Minsk residents did not change his mind to prove his trial even a year later - and a thousand rubles of penalties. Their maximum degree of despair - "It will never end" and "I have already lowered hands." But lowering his hands, Minsk residents sit down for drawing up a regular appeal. It distinguishes them from other Captive Tatiana clients who advised the family before the court.
- For the first time in my practice, this principle respondent was such a principle. Alexander approached this issue. Said - the situation is wrong, neither I, nor my sister, nor my mother, no one should pay anything according to such a scheme, "recalls a lawyer.
"For the first time in practice," means Tatiana and before faced with potential customers who were exhibited by large amounts due to recalculation. But they did not go to court. The lawyer could not promise that the case would be won. She did not promise this and the family of Alexander:
- Why do people rarely come with such cases in court? As a rule, the amount of penalties, which are produced by the facts of unaccounted water consumption, does not go beyond the borders of the residents. In my practice there were cases when people exhibited an account for 300 rubles. Customers first grabbed the head, and then not to be immersed in litigation, agreed with the claim. They decided for themselves as: "Once we were claimed, probably, we are to blame, we will pay."
Nobody did not want to install the family of Alexander. The amount was critical, but the Minsk residents are not just because there is not enough money to pay the exhibited debt.
- There has always been an option to take a loan to repay such a debt. I defend my right thing, I want to prove that the RSC has no legal grounds to form such debts. Specialist "Vodokanal" declared in court: due to the fact that the acts about the unaccounted water consumption were not compiled, many were injured. Even if I do not win the court, I want to give it to publicity. If the act was not up to a ten-day period, then no other way cannot be established or prove unacceptable consumption. If RSCs and even courts are not guided by the resolutions of the Council, why are these decrees are accepted? - A man is wondering a logical question.
And what is said in the court decision?
In the summer of 2017, with a planned check of counters, watershed staff noticed the difference between the actual and accrued water consumption indicators, the court decision says. The same was fixed in the fall of 2018. Then tenants recommended to contact the plumber - the owner of the apartment did this. Over the next three months, problems have been fixed several times. By February, there were no questions to the counters from the controllers, but recalculated in the apartment held for a year and a half. According to the court, the correctness of the work of the counters was questioned from 2017 to 2019.
Water supply staff were obliged to draw up an act of unaccounted water consumption. The court ruled: they did not have the corresponding blanks, therefore they allowed to consider some documents instead of others.
The opinion of the expert that the pseudobide could not affect the work of the counters, the court did not take into account, as they spent the expertise in 2020, and the questions to the counters arose before.
The debate of the Party
You can face infinitely, how water flows and how the rules of law are applied. How much water flowed in the Minsk apartment and why the law did not protect people so far, Onliner asked the Minskvodokanal. However, at the time of thinking, the organization still refused to comment on the situation.
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