Statement of claim for moral damages
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Enbekshikazakh District Court of Almaty region
Almaty region, Esik, Abdieva str., 194 050207@sud.kz
Plaintiff No. 1: ..... Anna Ivanovna IIN ....... Almaty, pr........ №48/45 +7 747 ………
The plaintiff №2: ....... Ivan Fedorovich IIN ........ Almaty, pr........ №48/45 + 7 707 ........
Defendant No. 1: Consumer Cooperative "Khimik" represented by
Chairman Bogdanov R. V. Almaty region.
Enbekshikazakh district, village of Bolek. BIN 000240005136
Defendant No. 2: Enbekshikazakh district office
AlmatyEnergoSbyt LLP, Almaty region.
Enbekshikazakh district, Esik, Abaya str., b/n (between 6 and 10)
Phone: +7 (72775) 72762
STATEMENT OF CLAIM
……. Anna Ivanovna is the owner of land plot No. 101 cadastral number No.03:044:142:771 and cottages located at: Almaty region, Enbekshikazakh district, Bolek rural district, village of Bolek, ul.......... №101, and also ……… Ivan Fedorovich is the owner of the land plot No.03-044-142-799 located at: Almaty region, Enbekshikazakh district, Bolek rural district, village of Bolek, ul........... №23. These summer cottages are serviced by the managing organization Consumer Cooperative Khimik (hereinafter referred to as Defendant No. 1), in addition, the Plaintiffs are members of the above-mentioned Cooperative. The fact is that initially the Plaintiffs and other members of the Cooperative, by virtue of clause 5, Article 14 of the Law of the Republic of Kazakhstan "On Consumer Cooperatives" (members of the cooperative have the right to receive information about their activities from the executive, control and other bodies of the consumer cooperative, including to get acquainted with accounting, reporting and other documentation in in accordance with the procedure established by the Charter) expressing dissatisfaction with the work performed by the chairman of the Cooperative in the person of R. V. Bogdanov, they addressed him with a written statement on familiarization with the documents of the Cooperative. Statement of claim for moral damages In turn, Chairman Bogdanov R. V. refused to address the request of the Cooperative's members to familiarize themselves with the documents and all other reports related to the Cooperative's activities. Moreover, the Chairman said on his own behalf that you can complain anywhere, even to the prosecutor's office or to the Court, that he is R. V. Bogdanov, is not afraid of anyone and the law does not apply to him, and he will win anyway. And we, according to him, will only waste time and money on legal costs. To make matters worse, Defendant No. 1, after the above incident, without prior notice, carried out an unplanned unauthorized restriction of the supply of electricity to the land and to the house. ........... A. I., and to the land plot ........ . I.V.
This is despite the fact that the Plaintiffs fulfill their obligations to pay membership and target fees properly, as well as the Plaintiffs have paid in full for the electricity supply. Special attention should also be paid to the fact that for electricity consumption, the executive body of the Cooperative, that is, Chairman R. V. Bogdanov, approved a tariff of 30.00 tenge per 1 kWh for residents of the village of Bolek, while the Administration of AlmatyEnergoSbyt LLP sets a tariff of 17.79 for household consumers in the Almaty region for payments for consumed electricity. tenge per 1 kWh with VAT. According to this fact, the "Police Department of the Yenbekshikazakh district of the Police Department of the Almaty region" opened a criminal case of the ERDR for No.201940031000554 dated 03/14/2020 under art. 189 Part 1 of the Criminal Code of the Republic of Kazakhstan (embezzlement or embezzlement of someone else's property entrusted to the perpetrator) and a pre-trial investigation is currently underway. In addition, on March 16, 2020, at the time of the blackout, a state of emergency was introduced throughout the Republic of Kazakhstan and, in order to protect the life and health of citizens, all residents of the country were ordered to stay at home due to the pandemic.
In this regard, while all citizens were forced to stay at home, including the Plaintiffs, taking advantage of this opportunity, the Chairman deliberately turned off the electricity connected to the Plaintiffs' land plots. Thus, the Chairman wants to prove to all residents of the village that who is in charge in the village. Then, to our repeated requests to connect to electricity, the Chairman refused without substantiating his decision, whereas in the resolution of the Akimat of the Almaty region dated December 24, 2015 No. 559, in paragraphs 7, paragraph 29 "On approval of the Rules for the provision of public utilities in the Almaty region" It is stipulated that the Consumer has the right to: use energy in the amount he needs, subject to timely payment; to receive services of established quality that are safe for his life and health and do not harm his property; After that, in an attempt to restore justice, we repeatedly appealed to all the control and supervisory authorities on the above issue to ensure that the Chairman's work was checked for the legality of his unauthorized power outage, but they were not heard. All our appeals went down to the local level, and we received only unmotivated responses. Moreover, the following response was given to our appeal by the "Office of the Akim of the Yenbekshikazakh district of the Almaty region" and the "Office of the Akim of the Almaty region": according to art. 8 of the Law of the Republic of Kazakhstan "On Consumer Cooperatives", state bodies and local governments have no right to interfere in the internal activities of the company. In short, local executive authorities are powerless to resolve this situation peacefully. It is worth noting that according to Article 490 of the Civil Code of the Republic of Kazakhstan, interruption of supply, termination or restriction of energy supply are allowed by agreement of the parties, except in the case when the unsatisfactory condition of the subscriber's power plants, certified by the state energy supervision authority, threatens an accident or poses a threat to the life and safety of citizens. The energy supply company must notify the subscriber in advance about an interruption in the supply, termination or restriction of the supply of energy. Within the meaning of the above-mentioned provisions of the law, the termination and restriction of electricity supply can be carried out only by agreement of the parties, or in the absence of such an agreement, unilaterally, if necessary, to take urgent measures to prevent or eliminate an accident, provided that the subscriber is immediately notified. However, in accordance with the Charter of PC Khimik, the subject of its activity is to ensure the joint use of common property, moreover, this Cooperative is a non-profit organization created to coordinate activities, protect the interests of its members, and solve common tasks.
Thus, the Defendant is not an energy supply organization, has no authority to turn off or suspend the supply of electricity, and has no right to prevent the flow of electric energy through its networks to the Plaintiff's house. We would also like to emphasize that Defendant No. 1 violated the personal non-property rights of the Plaintiffs and caused them moral harm, which resulted in moral and physical suffering in the form of humiliation, irritation, depression, despair. By virtue of P. 7 Of the Normative Resolution of the Supreme Court of the Republic of Kazakhstan dated November 27, 2015 No. 7 "On the application by courts of legislation on compensation for moral damage", when determining the amount of compensation for moral damage, the court must be guided by the principles of fairness and sufficiency. According to Article 19 of the Law of the Republic of Kazakhstan "On Electric Power Industry", Consumers of electric and thermal energy have the right: 1) receive electric and thermal energy in accordance with the concluded agreements; 2) to demand from energy-producing, energy-transmitting and energy-supplying organizations compensation for real damage caused by the non-delivery or supply of substandard electric and thermal energy, in accordance with the terms of concluded contracts; 3) to apply to the court to resolve disputes related to the conclusion and execution of contracts; It also follows from the contents of paragraph 2, Article 12 of the Law "On Electric Power Industry" that participants in the production and transmission of electric energy are obliged to ensure the quality and safety of electric energy in accordance with the requirements established by technical regulations and standardization documents. Statement of claim for moral damages By virtue of Part 2 of Article 13 of the Constitution of the Republic of Kazakhstan, everyone has the right to judicial protection of their rights and freedoms. In accordance with Part 1 of article.8 of the CPC RK, everyone has the right, in accordance with the procedure established by this Code, to apply to the court for protection of violated or disputed rights, freedoms or legitimate interests. On the basis of the above and in accordance with art.8 of the CPC RK., I ASK YOU: To recognize the actions of the Consumer Cooperative "Khimik" to cut off electricity to the land and house ........ Anna Ivanovna, as well as ..... Ivan Fedorovich – illegal;
To oblige PC Khimik and the Enbekshikazakh district branch of AlmatyEnergoSbyt LLP to connect the power supply to the land plot and the house:
……... Anna Ivanovna, located at the address: Almaty region, Enbekshikazakh district, Bolek rural district, village of Bolek, Malinovaya St. No. 101
…………. Ivan Fedorovich, located at: Almaty region, Enbekshikazakh district, Bolek rural district, village of Bolek, ul......... №23;
To recover 2,000,000 (two million) tenge from PC Khimik in compensation for moral damage caused to the Plaintiffs
Yours sincerely,, __________/........ I.F.
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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