The statement of Claim for Recognizing the actions of the power outage as illegal

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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,

S.Kendala St.......... №27 +7 705 962 99 90

Defendant: An association of legal entities in the form of an association.

"Cherry Orchard" represented by Chairman Mamlyutova E.A. Almaty region.

Talgar district, Kendala village, Dachnaya str. 31 BIN 091240000332                    

 

STATEMENT OF CLAIM

…….. Alexander Borisovich is the owner of a private house No. 27 located on the street.Baitursynova, Almaty region, Talgar district, Kendala village. This holiday village is served by the management organization of the Association of Legal Entities in the form of the association "Cherry Orchard" (Hereinafter referred to as the Defendant), besides, the Plaintiff is a member of the above-mentioned Association. 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 determined 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. In turn, the Chairman ............. E.A., the Association refused an appeal for familiarization with the documents and all other reports related to the activities. To make matters worse, after the above case, the Defendant, without prior notice, carried out an unplanned unauthorized restriction of the supply of electricity to the house of A.B. Chumakov, despite the fact that the Plaintiff's obligations to pay targeted contributions are being fulfilled properly, however, the defendant refuses to accept targeted contributions for electricity, motivating his refusal not to pay for membership fees.

The statement of Claim for Recognizing the actions of the power outage as illegal

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 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 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 should be noted 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 only be carried out 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.

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.

The statement of Claim for Recognizing the actions of the power outage as illegal

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 ...... Alexander Borisovich;

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

To recover 2,000,000 (two million) tenge from the OJL "Cherry Orchard" in compensation for moral damage caused to the Plaintiffs.

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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