WHOM TO ADDRESS, IN WHAT FORM AND IN WHAT MANNER FOR RECEIVING RE-CALCULATION?

If the consumers receive low quality communal services, they have the right to require from the service providers to reduce the bills for these services. According to Article 16 of the Law of Ukraine “On Housing and Communal Services”, the provider/producer is obliged to re-calculate amount of payment for the housing and communal services in case of interruption in providing services, non-providing or providing of services not in full amount, pursuant to the procedure established by the Cabinet of Ministers of Ukraine (hereinafter – CMU). In addition, Article 21 of this Law states that the service providers are obliged to consider within the period of time determined by the legislation the consumer claims and complaints, and to make the relevant re-calculations of the amount of payment for the housing and communal services in case when they are not provided or provided not in full amount, their quality is low”.

This re-calculation is envisaged in the Resolution of the Cabinet of Ministers of Ukraine # 151 dated 02/17/2010 “On Procedure for Making Re-Calculations of Amount of Payment for Providing District Heating, Cold and Hot Water Supply and Sewage Services in Case of Their Non-Providing, Providing Not in Full Amount, Lowering of Quality” (hereinafter – Resolution # 151).

Whom to address, in what form and in what manner?

In case of improper providing or non-providing of services, the consumer shall inform the provider on this through telephone communication or in written form at the addresses indicated in the contract. (Pursuant to the Rules for Providing District Heating, Cold and Hot Water Supply and Sewage Services and Standard Agreement on Providing  District Heating, Cold and Hot Water Supply and Sewage Services approved by the CMU Resolution # 630 dated 21 July 2005).

The consumer has the right to address the provider demanding to conduct an inspection of qualitative and/or quantitative indicators of the provided services. The provider is obliged to send its representative for this inspection, and based on its results, to compile the relevant CLAIM CERTIFICATE. In case of nonappearance of the provider’s representative, and in case of groundless refusal from signing the certificate, the certificate may be signed by two other consumers. The provider is obliged to notify the consumer within 3 days whether it recognizes the facts in the CLAIM CERTIFICATE. Should there be disagreement, the dispute between the provider and consumer shall be resolved in court. 

Succession of consumer actions:

1. The consumer informs the provider on improper providing or non-providing of communal services in verbal or written form.

2. The consumer has the right to call the provider’s representative for compilation and signing of the CLAIM CERTIFICATE in which timing, types, indicators of violations, etc. are mentioned.

3. The CLAIM CERTIFICATE is compiled and signed by the consumer and the provider’s representative. In case of nonappearance of the provider’s representative or his/her refusal to sign the CLAIM CERTIFICATE, the latter is considered valid if signed by at least two consumers.

4. The consumer’s CLAIM CERTIFICATE is submitted to the provider who within three business days shall resolve the issue on re-calculation of bills or issues to the consumer a written grounded refusal to satisfy his/her claim. In case of the provider’s refusal to satisfy the claim, the provider may go to court.