Statement of claim Talgar District Court

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Talgar District Court of Almaty region

Almaty region, Talgar, Gagarin Street, 90 050225@sud.kz

Plaintiff: ..... Alexander Borisovich IIN ..........

Almaty region, Kendala village, ul.......... №27 +7 705 ...........

Respondent: An association of legal entities in the form of an association

The Cherry Orchard Association, represented by the Chairman ...... E.A.

Almaty region, Talgar district, village .......... street....... 31 BIN 0...........  

 

STATEMENT OF CLAIM

………. Alexander Borisovich is the owner of a private house No. 27 located on the street............ Almaty region, Talgar district, village .......... This holiday village is served by the managing organization Consumer Cooperative "Medik". And PC Medik, in turn, is part of the Association of Legal Entities in the form of the Cherry Orchard Association (hereinafter referred to as the Defendant). Which serves 12 consumer cooperatives, including the consumer cooperative "Medik". The fact is that the Plaintiff, 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 accordance with the procedure established by the charter)  Expressing dissatisfaction with the work performed by the chairman of the Association in the person of E.A. Mamlyutova, they addressed her with a written statement on familiarization with the documents of the Association.

Statement of claim Talgar District Court

In turn, the Chairman ........... E.A., the Association refused to request to get acquainted with the documents and all other reports related to the activities. To make matters worse, after the above incident, the Defendant, without prior notice, carried out an unplanned unauthorized restriction of electricity supply to the house. .......... A.B. This is despite the fact that the Plaintiff's obligations to pay targeted contributions are fulfilled properly, however, the defendant refuses to accept targeted contributions for electricity, I motivate my refusal not to payment for membership fees. As stipulated in the charter of the OJL "Cherry Orchard", the defendant does not have the right to turn off electricity to individuals. However, the defendant, ignoring his charter, turned off the electricity ........... A.B. In addition, on October 10, 2020, quarantine measures were introduced throughout the Republic of Kazakhstan at the time of the blackout, 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 Plaintiff, taking advantage of this opportunity, the Chairman deliberately turned off the electricity connected to the Plaintiff's house.

Thus, the Chairman wants to prove to all the villagers that who is in charge in the village. Then, to my 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 contacted all the regulatory authorities on the above issue throughout the entire time in order 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 Talgar district of Almaty region" and the "Office of the Akim of Almaty region": according to Article 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.

Statement of claim Talgar District Court

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 the Defendant 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. 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 Association of legal entities in the form of the association "Cherry Orchard" to cut off electricity to the house of Alexander Borisovich Chumakov as illegal;

Oblige the Cherry Orchard Oil Company and the Talgar district branch of AlmatyEnergoSbyt LLP to connect the power supply to the house of Alexander Borisovich Chumakov;

To seize the originals by the decision of the meeting and the recommendation of the Audit Commission (dated 01/25/2020) of the OJL "Cherry Orchard" and to acquaint ........ A.B. with the specified documents;

To recover 1,200,000 (one million two hundred thousand) tenge from the OJL "Cherry Orchard" in compensation for moral damage caused to the Plaintiffs.

To collect from the Defendant the NGO "Cherry Orchard" in A.B. Chumakov the costs of paying the state duty in the amount of 16,375 tenge;

Yours sincerely,, __________/.......... A.B. "__"_________ 2021 

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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