Withdrawal of an objection to a Statement of Claim for the amount of debt for housing maintenance
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To the Bostandyk district Court of Almaty to Judge Onlanbekova G.M.
Almaty, md. Orbit-2, 20a
Defendant: gr. xxxxxxxxxxxxxxxx, INN xxxxxxxxxxxx Address of residence: Almaty,
Bostandyksky district, xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
Proxy Representative: Law and Law Law Firm BIN 201 240 021 767
79 Abylai Khan Ave., office 304, Almaty. info@zakonpravo.kz / www.zakonpravo.kz
+ 7 (727) 971-57-58; +7 (708) 971-57-58.
Plaintiff: PKSK Yuzhny BIN 960 740 002 159 Almaty, 104-3 Masanchi St. +7 (708)214-56-94
feedback
on a statement of claim for debt collection
The Consumer Cooperative of Apartment Owners (PKSK) Yuzhny (hereinafter referred to as the Plaintiff) filed a claim against gr. xxxxxxxxxx (hereinafter referred to as the Defendant) for debt collection for 16 (sixteen) years. I believe that this statement of claim should be returned to the Plaintiff with the refusal to satisfy all his claims on the following grounds. First, to claim granted a certificate from the Department of justice of Almaty, where the head pksk currently listed former Chairman pksk xxxxxxxxxxxxxxx She was President from 2014 to 2015. Her term of office expired in January 2015, as according to paragraph 4 of Article 43 of the Law of the Republic of Kazakhstan "On Housing Relations" and the Charter of the PKSK Yuzhny, the chairman of the PKSK is elected only for 1 (one) calendar year. In January 2015, Ms. B.Zh. was supposed to hold a reporting and re-election meeting, report on it and transfer her powers to the newly elected new chairman in accordance with paragraphs 2) paragraph 2 of Article 48 of the Law of the Republic of Kazakhstan "On Housing Relations".
Withdrawal of an objection to a Statement of Claim for the amount of debt for housing maintenance
Since, gr.xxxxxxxx was not going to resign from the post of chairman, in May 2017 at the general meeting of apartment owners in accordance with Article 42-1 of the Law of the Republic of Kazakhstan "On Housing Relations", she was removed from this position, according to the minutes of the general meeting of apartment owners dated May 20, 2017. A representative of the housing inspectorate of the KSU "Housing and Housing Inspectorate of Almaty city" grxxxxxx was also present at this meeting. After that, and until today, no more meetings have been held at the Yuzhny PKK. The new chairman of the PKSK, gr.xxxx, registered with the Department of Justice as the new chairman of the PKSK in June 2017. Thus, the protocol of 2015 attached to the claim is no longer legally binding and must be declared invalid. In addition, the protocol without questionnaires is invalid, and xxxxxxxx does not have questionnaires. Thus, since May 20, 2017, gr.xxxx has no authority to file lawsuits on behalf of PKSK Yuzhny, issue invoices, and manage funds of PKSK Yuzhny. Secondly, in 2020, a criminal case was opened against gr.xxxxxx on the fact of forgery of seals and documents, and embezzlement of PKSK funds. The case was illegally closed, but reopened in March 2020 (Appendix No. 4).
She is accused of falsifying minutes of meetings and questionnaires on her election as chairman. She is also accused of illegally withdrawing money from PKSK accounts using forged seals. gr.xxxx has never provided a report on the expenditure of PKSK funds. The PCSC members have no idea what their money is being spent on. Thirdly, the registration of the condominium facility was not carried out for all 8 (eight) houses of the PKSK. xxxx refers to Articles 32 and 50 of the Law of the Republic of Kazakhstan "On Housing Relations", which refers to condominium facilities that do not exist. She did not provide a certificate of registration of the condominium facility. There is not even a mention of any condominium in the certificate of registration of a legal entity and in the charter of the PKSK. In addition, until 2014, the Defendant was part of another PKSK. The invoices issued from 2006 to 2013, gr.xxxxxxxx has nothing to do with. The other chairmen did not need this money. They have made a lot of money from the illegal sale of basements for nightclubs, which have been haunted for many years.
Withdrawal of an objection to a Statement of Claim for the amount of debt for housing maintenance
Fourthly, all the chairmen of PKSK Yuzhny, including gr.xxxxxx, have not submitted a single report on the expenditure of PKSK funds since 2000. gr.xxxxxx, demanding that I repay the debt for 16 years (from 2006 to 2021), based on paragraph 6 of Article 32 of the Law of the Republic of Kazakhstan "On housing relations", is obliged to provide all documents confirming her expenses and powers over the years. She must provide certificates of completed works, fiscal receipts, printouts of personal account statements of the PKSK, cost rates and calculations approved at general meetings, with questionnaires, all contracts with questionnaires with the consent of apartment owners, and so on. The credentials of all those who issued these invoices must also be confirmed. All minutes of general meetings with questionnaires for these 16 (sixteen) years must be submitted. To all requests for financial statements, gr.xxxxxx has always responded with threats and insults against the Defendant and refused to provide reports. Fifth, on the basis of which documents does gr.xxxxxxxx issue a separate bill for the maintenance of the emergency service at home? The cost of the emergency service is related to the cost of housing maintenance.
Sixth, according to paragraph 1 of Article 92-2 of the Law of the Republic of Kazakhstan "On Notaries", an executive inscription is executed if the submitted documents confirm the indisputability of the debtor's debt or other liability to the recoverer, thereby the executive inscription was committed with significant violations. She asks to collect the debt for 16 years (instead of 3) and did not provide any documents that my debt is indisputable, although the term of office of gr.xxxxxx, as chairman, was supposed to expire back in January 2015, did not provide a single financial report. It should have nothing to do with the invoices issued to the Defendant before 2014 and after 2017. gr.xxxxxxxxxx does not provide personal account statements of the PKSK and hides what funds the PKSK has and where they are spent. According to Article 178 of the Civil Code of the Republic of Kazakhstan, the general limitation period is set at 3 (three) years, thus the Plaintiff's claims for debt payment for the period from June 2006 to February 2021 are not legitimate. In accordance with paragraph 1 of Article 72 of the CPC RK, each party must prove the circumstances to which it refers as the grounds for its claims and objections, use remedies, assert, challenge facts, provide evidence and objection to evidence within the time limits set by the judge, which correspond to the fair conduct of the process and are aimed at facilitating the proceedings. Based on all of the above, in accordance with art. 166 of the CPC RK, I ASK THE COURT:
to dismiss the claims of the Consumer Cooperative of apartment owners "Yuzhny" in full, applying the limitation period of 3 (three) years.
Sincerely, Representative by Proxy Lawyer: __________________/ Sarazhnov G.T. "___" ___________2021 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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