Statement of claim
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To the district court No. 2 of Almaly district of Almaty
Almaty, 050005, Tole bi str., 267.
tel.: 8 727 333 11 56, 333 11 60.
From the Plaintiff: gr………………
IIN:.................
Almaty, microdistrict ".....", street ..., house ..,
phone: 8 702 .....
Respondent: Subscriber Settlement LLP
Almatygaz Center
BIN 050240001658
address: Almalinsky, Almaty, Kazakhstan
district, 1. ares: Baizakova, 125/185.
address: 20 Zharokova St.
phone: 8 727 244 55 25/244 55 35.
Statement of claim
On January 29, 201.. After a year, we noticed that the gas meter was not turning, realizing that the meter was not working properly, we immediately called the gas service and reported the problem, followed by gas service specialists who removed the faulty meter and installed the new meter we had purchased. After the specialists, the new meter was sealed. The old counter was removed, and the specialists learned that it would be sent for laboratory testing., but to this day, we have not received a laboratory test report. 17.01.201.. A year ago, we received an invoice for payment in the amount of 1,284,845.49 tenge. When we saw this amount, we were confused because we did not have any gas arrears. After that, we wrote a letter to ARTS Almatygaz LLP from where the amount was taken and to give a reasoned answer on this matter.
Statement of claim
In June 201.. a year ago, we received a response to our letter stating that: In accordance with clause 4, clause 10 of the Contract for the retail sale of commercial gas to domestic Consumers, published in the Evening Almaty newspaper on 05.12.201.., which was in force during the accrual period (hereinafter referred to as the Contract), "The consumer consumer is responsible for the safety, the integrity, technical condition and timely verification of gas metering devices, as well as the integrity of its seals and sealing line."
According to clause 18 of the above-mentioned Agreement and clause 47 of the Rules for the Retail Sale and Use of commercial and liquefied Petroleum gas, approved by the Order of the Minister of Energy of the Republic of Kazakhstan dated 03.11.2014. No. 96 "If representatives of the supplier discover an unauthorized connection to the gas supply, an increase in the capacity of installed gas equipment, gas consumption, bypassing the metering device, damage, rupture of seals, changes in the gas supply scheme, any impact on the metering device in order to distort readings allowing the possibility of unauthorized selection (theft) of gas by the consumer, which the supplier's representative can detect It was not possible on previous visits., the supplier recalculates the gas consumption according to the capacity of the consumer's installed gas-consuming equipment for the period from the date of the last verification of metering devices and (or) their activation scheme to the day of detection, but not beyond the limitation period. "
As a result of the verification of the individual metering device (hereinafter referred to as IPU) No. 05470351 by the gas meter verification laboratory, a violation was detected: "it is not suitable, the factory verification seal is cut off, the counting mechanism does not turn during the "testing" operation." In this regard, at the address: m-on Altyn ..., d .., an accrual was made in the amount of 1284845.49 tenge for the period from 12.12.201.. (date of installation of the IPU) to 05.02.201.. (before the date of removal of the IPU) for the capacity of gas consuming equipment from calculations: heating boiler — 1 unit (capacity — 1.72 m3/hour), heating boiler — 1 unit. (capacity - 1.80 m3/hour), 4-burner gas stove - 2 units (capacity - 1.25 m3/hour) in accordance with the specified regulatory documents. As a result of reviewing your application, it has been established that the accrual is legitimate and there are no grounds for recalculation.
As of 05/31/2011, personal account No. 6668461 recorded: - "Recalculation for gas" - 1284845.49 tenge; "Gas with meter" - 26018.74 tenge; "Total" - 300.00 tenge; "Penalty gas meter" - 126.60 tenge. The specified amounts must be paid, otherwise, the Supplier may take measures to recover the debt, including disconnecting from the gas supply through welding and transferring materials to the judicial authorities.
Statement of claim
However, there are many contradictions with the above circumstances, whereas we reported the meter malfunction to the gas service, and we did not cut anything and were not to blame for the fact that the meter was outdated, on the contrary, showing a civic position, we informed the authorized authorities in time, for which we received such fines, while we do not have a flowing debt, as well as On the defendant's side, the gas is currently cut off, and the cold weather is coming soon in the courtyard. What should we do?!! We consider the claims of ARTS Almatygaz LLP to be illegal, unfair, unfounded and requiring judicial proceedings.
By virtue of Article 13 of the Constitution of the Republic of Kazakhstan, everyone has the right to defend their violated or disputed rights, freedoms or legally protected interests. In accordance with Article 8 of the CPC, everyone has the right to apply to the court for protection of violated or disputed constitutional rights, freedoms or protected interests. In accordance with Article 15 of the Civil Procedure Code of the Republic of Kazakhstan, the parties choose their position, ways and means of defending it independently and independently of the court, other bodies and persons during civil proceedings. According to art. 31 of the Civil Procedure Code of the Republic of Kazakhstan, a claim is filed in court at the defendant's place of residence. A claim against a legal entity is filed at the location of the body of the legal entity. Based on the above, guided by Articles 4, 13 of the Constitution of the Republic of Kazakhstan, 148-150 of the CPC RK,.
I ASK THE COURT:
To recognize the action of ARTS Almatygaz LLP as illegal and unfair;
To oblige ARTS Almatygaz LLP to connect gas supply to our house.
Yours sincerely,, ______________/ ....................... "___"____________201.. the year
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
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