Statement of claim to the court against the consumer cooperative for power outage
Enbekshikazakh District Court of Almaty region
Almaty region,________________ __________________
The plaintiff №1: ___________________ IIN ___________________
city of Almaty, ___________________ +7 ___________________
The plaintiff №2: ___________________ IIN ___________________
Almaty, Dostyk ave. №________ + 7 ___________________
Defendant No. 1: Consumer Cooperative "________" in the face of
Chairman __________________ Almaty region
Enbekshikazakh district, village of Bolek.
Defendant No. 2: Enbekshikazakh district office
LLP "_______________" Almaty region, .
Enbekshikazakh district of Esik, ___________________ Phone: +7 ___________________
STATEMENT OF CLAIM
__________________ is the owner of the land plot no.____ cadastral number №___________________ and cottages located at: Almaty region, Enbekshikazakh district, Bolek rural district, ___________________ №_____, and also ___________________ is the owner of the land plot №___________________ located at: Almaty region, Enbekshikazakh district, Bolek rural district, village of Bolek, Malinovaya St. No. 23. These holiday villages are serviced by a Consumer Cooperative management organization. "______________________" ( Next is 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 ___________________, they applied to him with a written application for familiarization with the documents of the Cooperative. In turn, the Chairman ______________________, The Cooperative's members' request for familiarization with the documents and all other reports related to the Cooperative's activities was refused. 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 ______________________, He's not afraid of anyone, and the law doesn't apply to him, and he doesn't care. He'll win. And we, according to him, will only waste time and money on legal costs.
Statement of claim to the court against the consumer cooperative for power outage
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. ______________________, and to the land plot ______________________. 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. And also, special attention should be paid to the fact that for electricity consumption, the executive body of the Cooperative, that is, the chairman ______________________, a tariff of 30,00 tenge per 1 kWh was approved for residents of the village of Bolek, while the Administration LLP "______________________" for household Consumers in the Almaty region, a tariff of 17.79 tenge per 1 kWh with VAT is set for payments for consumed electricity. On this fact, a criminal case was opened in the "Police Department of the Yenbekshikazakh district of the Police Department of the Almaty region" for №______________________ dated __.03.20__ of the year under art. 189 Part 1 of the Criminal Code of the Republic of Kazakhstan (embezzlement or embezzlement, that is, theft 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 imposed 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 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" stipulates that the Consumer has the right to: to use energy in the amount necessary for him, 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 art.490 of the Civil Code of the Republic of Kazakhstan, a break in filing,
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