The plaintiff asked the court to recover from the defendants the amount of harm caused as a result of the gulf of the apartment. The bay occurred as a result of the breakthrough of the cold water riser, for which the management company is responsible.

The court of second instance has satisfied the claim, stating the following.

Court findings:

1. The cold water supply riser, the leakage of which led to damage, refers to the common property, the management company is responsible for its maintenance and serviceability;

2. In addition to the amount of damage, the court claimed:

Forfeit. The legal relations of the plaintiff and the management company related to the maintenance of common property are subject to the requirements of the Law of the Russian Federation "On Protection of Consumer Rights", which provides for a penalty for each day of delay in the amount of three percent of the price of the work (provision of the service) ..

Fine. If the court satisfies the consumer requirements established by law, the court exacts a fine in the amount of fifty percent of the amount awarded by the court in favor of the consumer for non-compliance with the requirements of the consumer;

Court expenses. Expenses for payment of representative services, expenses related to payment of the cost of repair and restoration work.

MOSCOW CITY COURT

Referee Alekseev N.A.

Judicial board for civil cases of the Moscow City Court composed of:
  presiding Sergeeva L.A.,
  judges Smirnova Yew.A., Vishnyakova N.E.,
  when the secretary K.S.Yu.,
  Having heard in open court on the report of Judge Smirnova Yew.A.
  case on appeal of the plaintiff Ch.N. to the decision of the Cheryomushkinskiy District Court of Moscow of August 12, 2014, as amended by the ruling on the correction of a clerical error of September 3, 2014, which decided:
  claims Ch.N.V. to LLC "Megastroy", OJSC DEZ "Teply Stan" on damages, forfeit, penalty, legal costs partially satisfy.
  Collect from LLC "Megastroy" in favor of Ch.N.V. the amount of property damage in the amount of 220 961 RUB. 53 kopecks., Costs in connection with the production of expertise in the amount of 18,000 rubles., Costs of paying for the services of a representative 40,000 rubles., And a total of 278 96 rubles. 53 kopecks
  The rest of the claim refuse.
  Collect from LLC "Megastroy" in the income of Moscow state duty in the amount of 5 409 rubles. 62 cop.,

installed:

claimant C.N. appealed to the court with LLC “Megastroy”, OJSC DEZ “Teply Stan” for compensation for damages, forfeit, fine, legal costs, referring to the fact that the plaintiff is the owner of the apartment located at: ... December 13 and 16, 2012 The apartment was flooded due to a break in the cold water riser. As a result of the gulf, property was damaged. The gulf occurred in connection with the failure of the equipment, for the serviceability of which the organization carrying out its operation is responsible. The managing organization engaged in the operation of the house in which the apartment is located is the DEZ OJSC of Teply Stan District, as well as the contractor LLC Megastroy. Since the defendants did not take any action to repair or determine the extent of the damage, an expert examination was carried out at the initiative of the plaintiff. According to the expert opinion, the cost of repair work amounted to 220,961 rubles. 53 kopecks The plaintiff also incurred costs of an examination in the amount of 18,000 rubles. 00 kopecks On April 22, 2013, the plaintiff filed an application with Megastroy LLC and the DEZ OJSC of the Teply Stan district of Moscow for damages in the amount of 238,961 rubles. 53 kopecks On August 14, 2013, a second application was filed. Despite this, to date, defendants have not voluntarily indemnified. Material damage was caused due to poor-quality provision of services for the maintenance of common property in an apartment building, which led to a breakthrough in the cold water riser, the responsibility of the defendants is to compensate for the damage. From the defendants also, according to the plaintiff, a penalty in the amount of 238 961 rubles is subject to recovery. 53 kopecks

Claimant Ch.N. at the hearing did not appear, notified of the date and time of the hearing properly.

The representative of the plaintiff by proxy N.D.N. appeared at the hearing, claims upheld in full.

The representative of the defendant OAO DEZ Teply Stan by proxy Sh.B.V. He appeared at the hearing, I asked to refuse to satisfy the claims on the grounds specified in the response to the statement of claim.

The representative of the defendant LLC "Megastroy" by proxy S.V.A. He appeared at the hearing, I asked to refuse to satisfy the claims on the grounds specified in the response to the statement of claim.

The representative of a third party ZAO ERGO-RUS did not appear at the hearing, the date and time of the hearing of the case were duly notified.

The court decided the above decision, the cancellation of which as unlawful is requested in the appeal and additions to it by Ch.N. V., referring to the fact that the court unreasonably refused to recover the forfeit and the fine, as well as to satisfy the claim at the expense of OOO DEZ " Teply Stan".

Plaintiff C.N. at the meeting of the judicial board did not appear, the date and time of the hearing of the case was duly notified, sent a representative to the court.

The representative of the plaintiff by proxy N.D.N. appeared at a meeting of the judicial board, supported the arguments of the appeal and additions to it in full.

Representatives of the defendants and a third party did not appear at the meeting of the judicial board; the date and time of the consideration of the case were duly notified.

Having studied the case materials, after hearing the representative of the plaintiff, discussing the arguments of the appeal and additions to it, the judicial board finds the decision of the court to be canceled, and the claims partially satisfied.

So, the court of first instance established that on December 13, 2012, December 16, 2012 the apartment belonging to the plaintiff, located at: ..., was flooded, which is confirmed by the act of JSC DEZ of the Teply Stan district dated December 26, 2012 (ld 15 ), information about the unaccounted part of the damage dated December 26, 2012 (ld 16).

According to the act of DEZ OJSC of the Teply Stan District dated December 26, 2012, the bay occurred due to leakage of the riser in the apartment ... located at: ..., the repair was to be carried out by the operating organization.

According to the expert opinion N ... dated March 15, 2013 (ld 27 - 64) the estimated cost of repair work (damage) in sq. N .. at the address: ... 3, is 220 961 rubles. 53 kopecks

By resolving the stated claims, the trial court, applying the provisions of Article. Art. 15, 1064 of the Civil Code of the Russian Federation, came to the conclusion that the amount of damage should be recovered from Megastroy LLC, as Megastroy LLC violated the terms of the contract N ... on the maintenance, current repair, maintenance of the housing stock and cleaning of house entrances MZHF in the territory of the Teply Stan region dated December 31, 2011, concluded between the DEZ OJSC of the Teply Stan district of Moscow and Megastroy LLC.

Refusing to satisfy the plaintiff’s claims for the recovery of a penalty or a fine from the defendants, the court proceeded from the fact that these requirements are based on a misinterpretation of the norms of the Law of the Russian Federation “On the Protection of Consumer Rights”, since there is no violation of the plaintiff’s rights as a consumer, the plaintiff is not a party to the contract N ... for the maintenance, maintenance, maintenance of the housing stock and the cleaning of the entrances of the houses of the Moscow Housing Fair on the territory of the Teply Stan District dated December 31, 2011, concluded between the DEZ OJSC of the Teply Stan District of Moscow and Megas LLC Swarm. "

The decision is justified when the facts relevant to the case are confirmed by the evidence investigated by the court, satisfying the requirements of the law on their relevance and admissibility, or by circumstances that do not need to be proved (Articles 55, 59 - 61, 67 Code of Civil Procedure of the Russian Federation), as well as when it contains exhaustive findings of the court arising from established facts.

According to the basics of the civil process, the activities of the court should consist in giving a legal assessment of the stated requirements of the person who applied for judicial protection, and in creating the necessary conditions for an objective and complete consideration of the case.

The appealed decision does not meet the requirements of the law.

As follows from the case file, the plaintiff Ch. Is the owner of the apartment, located at: ...

JSC DEZ district "Teply Stan" is a management company in relation to the above premises.

On December 13, 2012, December 16, 2012, the plaintiff’s apartment was flooded, which is confirmed by the act of JSC DEZ of the Teply Stan District dated December 26, 2012 (ld 15), information about the unaccounted portion of the damage dated December 26, 2012 (ld . sixteen).

According to the act of DEZ OJSC of the Teply Stan District dated December 26, 2012, the bay occurred due to leakage of the riser in apartment 17, the repair had to be performed by the operating organization.

While assigning liability for damages to Megastroy LLC, the trial court assumed that this organization violated the terms of the contract N ... for the maintenance, current repair, maintenance of the housing stock and cleaning of the entrances of the houses of the Moscow Housing Federation in the territory of the Teply district The camp dated December 31, 2011, concluded between the DEZ OJSC of the Teply Stan district of Moscow and Megastroy LLC.

The judicial board cannot agree with this conclusion of the court.

In accordance with paragraph 1 article 31 of the Law of the Russian Federation "On Protection of Consumer Rights" the consumer’s requirements to reduce the price of the work performed (service rendered), to reimburse the costs of eliminating the shortcomings of the work performed (service rendered) on their own or by third parties, as well as to return the amount paid for the work (service) and compensation for losses incurred in connection with refusal to perform the contract, provided for by paragraph 1 of Article 28 and paragraphs 1 and 4 of Article 29 of the same Law, shall be satisfied within ten days from the date of presentation of the corresponding requirement.

According to paragraph 3 of Article 31 of the above Law, for violation of the deadlines stipulated by this Article for satisfying individual requirements of the consumer, the performer shall pay the consumer for each day of delay a penalty (penalty), the amount and calculation procedure of which shall be determined in accordance with paragraph 5 of Article 28 of the Law.

Clause 5 of Article 28 of the Law provides for a penalty for each day (hour, if the time is specified in hours) of delay in the amount of three percent of the price of the work (provision of the service), and if the price of the work (provision of the service) by the agreement on the performance of the work (provision of the services) is not determined - the total price of the order.

As follows from the case file, the plaintiff filed a claim on payment of the cost of restoration in the DEZ district of Teply Stan on August 14, 2013 (ld 25), therefore, the obligation to compensate for the damage should have been fulfilled by the defendant of the OJSC. DES. Teply Stan no later than August 24, 2013, however, at the time of filing the statement of claim was not executed.

Thus, the delay in execution for the period from August 24, 2013 to February 03, 2014 (within the scope of the claimed claims) amounted to more than five months, and therefore the penalty amount is 994 326.88 rubles. (220 961.53 RUB x 3% x 150 (days)).

However, in accordance with paragraph. 5 h. 5 Article. 28 of the Law "On the Protection of Consumer Rights", the amount of the penalty collected by the consumer (penalty) cannot exceed the price of a particular type of work (service) or the total price of an order if the price of a particular type of work (service) is not determined by the contract on work ( the provision of services), in connection with which the size of the penalty is 220,961.53 rubles.

In addition, according to the position of the Constitutional Court of the Russian Federation, expressed in paragraph 2 of the Decree of December 21, 2000 N 263-O, the provisions of paragraph 1 of Article 333 of the Civil Code of the Russian Federation contain the obligation of the court to establish a balance between the measure of responsibility applied to the violator and the assessment of the actual, and not the possible extent of damage. The opportunity provided to the court to reduce the amount of the penalty in the event of its excessiveness compared with the consequences of violation of obligations is one of the legal methods provided for by the law that are aimed at abusing the right to freely determine the size of the penalty, that is, essentially, to implement the requirement of Part 3 of Art. 17 of the Constitution of the Russian Federation, according to which the exercise of human and civil rights and freedoms should not violate the rights and freedoms of others. That is why in part 1 of article 333 of the Civil Code of the Russian Federation, this is not about the right of the court, but, essentially, its obligation to strike a balance between the measure of responsibility applied to the violator and the assessment of the actual (and not possible) amount of damage.

The existence of grounds for reduction and the determination of proportionality criteria are determined by the court in each specific case independently, based on the circumstances established in the case. Criteria for establishing disproportion in each particular case may be: an excessively high percentage of the penalty, a significant excess of the amount of the penalty of the amount of possible losses caused by the violation of the obligation, the duration of the failure to fulfill the obligation and other circumstances.

As explained Plenum of the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation N 6/8  dated July 1, 1996 "On Certain Issues Related to the Application of Part One of the Civil Code of the Russian Federation" when deciding on the reduction of the penalty (Article 333), it must be borne in mind that the size of the penalty can be reduced by the court only if the penalty payable clearly disproportionate to the consequences of breach of obligation.

In this case, the court assesses the possibility of reducing the penalty, taking into account the specific circumstances of the case.

Considering the specific circumstances of the present case, the amount of the debt of the defendant, the duration of the defendant’s default, and the period during which the plaintiff did not apply for the protection of the violated right, taking into account the consequences of the violation of the obligation, the judicial board finds the amount of the penalty in the amount of 220,961.53 rubles . obviously disproportionate to the consequences of violation of the obligation, and therefore considers it right to reduce the amount of the penalty to 20,000 rubles.

By virtue of paragraph 6 art. 13 of the Law of the Russian Federation "On Protection of Consumer Rights"  upon satisfaction by the court of consumer requirements established by law, the court shall recover from the manufacturer (contractor, seller, authorized organization or authorized individual entrepreneur, importer) a penalty in the amount of fifty percent of the amount awarded by the court in favor of the consumer for non-compliance with the requirements of the consumer on a voluntary basis.

Since the defendant OJSC DEZ district Teply Stan voluntarily requirements Ch.N.V. the damages not executed, with the defendant shall be recovered a fine in the amount of 120,480.76 rubles. ((220,961.53 + 20,000): 2).

In accordance with Art. 98 of the Code of Civil Procedure of the Russian Federation to the party in whose favor the court decision was taken, the court shall award, on the other hand, all legal costs incurred in the case, with the exception of cases provided for in the second part of Article 96 of this Code. If the claim is partially satisfied, the costs indicated in this article shall be awarded to the plaintiff in proportion to the size of the claims satisfied by the court, and to the defendant in proportion to the part of the claims that the plaintiff is denied.

By virtue of the requirements of Article 100 Code of Civil Procedure of the Russian Federation to the party in whose favor the decision of the court, at its written request, the court awards on the other hand the costs of paying for the services of a representative to a reasonable extent.

In accordance with Art. 98, Art. 100 Code of Civil Procedure of the Russian Federation with JSC DEZ district Teply Stan in favor of Ch.N. expenses related to the payment of an expert assessment of the assessment of the cost of repair and restoration work in the amount of 18,000 rubles (ld 9–10), as well as expenses on the representative’s services in the amount of 40,000 rubles (ld 84) shall be recovered.

At the same time, the judicial board believes that Ch. Expenses incurred to pay for the services of a representative are reasonable and cannot be reduced.

There are no legal grounds for assigning liability for damages to LLC Megastroy, and therefore, the lawsuit against LLC Megastroy should be refused.

Also from the defendant OJSC. DES. Teply Stan in state revenue on the basis of Art. 103 Code of Civil Procedure of the Russian Federation the state duty is subject to recovery, from the payment of which the plaintiff was exempted, in the amount of 5 604.81 rubles.

Based on the above, guided by art. Art. 328, 329 Code of Civil Procedure of the Russian Federation, judicial board,

determined:

the decision of the Cheryomushkinskiy District Court of Moscow of August 12, 2014, as amended by the definition of the same court of September 03, 2014 to correct a clerical error, was canceled.
  Claims partially satisfy.
Collect from JSC DEZ "Teply Stan" in favor of Ch.N.V. in respect of damages 220,961.53 rubles, a fine in the amount of 20,000 rubles, a fine in the amount of 120,480.76 rubles, in reimbursement of the costs of the examination 18,000 rubles, in reimbursement of expenses for the services of a representative 40,000 rubles .
  The rest of the claim is denied.
  Collect from the DEZ Teply Stan OJSC a state duty in the budget income of the city of Moscow in the amount of 5,604.81 rubles.

Summary:

The legal instruction website will tell you what a citizen has the right to do in case of non-performance or improper performance of services for the maintenance and repair of common property in an apartment building.

What services does the management company provide?

The complex of housing services provided by the management company is divided into two groups:

• services for the maintenance and repair of the common property of owners of premises in the MKD (inspections of common property, identification of damage and violations), including the sanitary maintenance of common property (janitorial services, cleaning services for entrances, their disinsection and deratization, services for cleaning garbage chutes). From April 2016, utility payments will also be included in the payment for the maintenance of the common property.
• general property and general cash management services.

The minimum list of works and services for the maintenance of common property in the MKD is approved by Decree of the Government of the Russian Federation of 03.04.2013 No. 290. According to Art. 162 RF LC at a general meeting, the owners of premises in a residential building are required to conclude an apartment building management agreement with the management company. It is also entitled to attract HOA. If the owners do not fulfill this obligation, the management company is involved on the basis of a competition held by local authorities. LCD RF requires the management company to perform all work that is provided for by the minimum list and defined in the contract. At the same time, the management company may hire other contracting organizations, but all responsibility for the quality of services rests with it. The activities of the Criminal Code are regulated by sections 7, 8 of the Housing Code of the Russian Federation, the Rules and Norms of Technical Maintenance of the Housing Fund (approved by Resolution of the Gosstroy of Russia dated September 27, 2003 No. 170), and the Rules for the Maintenance of Common Property in MKD (approved by Resolution of the Government of the Russian Federation of August 13, 2006 No. 491).

When can recalculation be requested?

The composition of the common property, the content of which may be assigned to the Criminal Code in accordance with the contract, is determined by part 1 of article 36 of the LC RF and clauses 2-9 of the Rules for the maintenance of common property. In the management contract, it is necessary to specify not only the mandatory minimum of the ordered works and services, but also the procedure and conditions for their execution. This will avoid the imposition of additional services. Otherwise, the owner has the right to refuse to pay for such services or demand its return (part 3 of article 16 of the Law of the Russian Federation “On the protection of consumer rights”).

If the frequency of the provision of housing services specified in the management agreement does not match (for example, cleaning or redecorating less frequently), the owner must request a recalculation in accordance with the rules established by the Rules for changing the amount of fees for the maintenance and repair of residential premises. The right to recalculation also arises in case of non-performance or improper performance. An application for a change in the amount of the fee shall be sent in writing within 6 months after the violation together with an act confirming the violation of the quality of the service or work or the excess of the established duration of the break in their execution (paragraph 6-15 of the Rules.).

How to get compensation for the damage?

The number of cases in judicial practice on appeals of citizens who suffered as a result of non-performance or improper performance of services by the management company is quite large. So, in May 2015, by the decision of the Leninsky District Court of Krasnoyarsk, 50,000 rubles of non-pecuniary damage and 20,000 rubles of lost earnings were recovered from UK-Comfortbytservice LLC in favor of the postman who injured his leg in an unlit stairwell. The appeal ruling upheld. The number of such cases increases in the winter, when due to the fault of the Criminal Code, people can suffer from ice and snow and ice from the roofs (see, for example, the Appeal Decision of the Supreme Court of the Republic of Bashkortostan dated 06/18/2015 in case No. 33-10115 / 2015).

In these cases, a non-contractual obligation arises from the harm that is subject to compensation in full (Article 14 of the Law of the Russian Federation "On Protection of Consumer Rights"). According to Art. 1085 of the Civil Code of the Russian Federation, the amount of reimbursable harm caused to health includes earnings lost by the victim (salary not received for the period of incapacity for work), medical expenses and additional expenses (additional food, extra care, etc.). In support of the requirements, a protocol of inspection of the local area or entrance, testimony may be presented. Also, the victim has the right to demand compensation for non-pecuniary damage (Article 15 of the Civil Protection Act) and a fine of 50% of the awarded amounts (paragraph 6 of Article 13 of the Civil Protection Act) if the service provider did not satisfy the claim voluntarily.

The complex of housing services provided by the management company is divided into two groups:

Services for the maintenance and repair of common property of owners of premises in the Moscow Ring Road (inspections of common property, identification of damage and violations), including sanitary maintenance of common property (janitorial services, cleaning services for entrances, their disinsection and deratization, services for cleaning garbage chutes). From April 2016, utility payments will also be included in the payment for the maintenance of the common property.
  general property and general cash management services.

The minimum list of works and services for the maintenance of common property in the MKD is approved by Decree of the Government of the Russian Federation of 03.04.2013 No. 290. According to Art. 162 RF LC at a general meeting, the owners of premises in a residential building are required to conclude an apartment building management agreement with the management company. It is also entitled to attract HOA. If the owners do not fulfill this obligation, the management company is involved on the basis of a competition held by local authorities. LCD RF requires the management company to perform all work that is provided for by the minimum list and defined in the contract. At the same time, the management company may hire other contracting organizations, but all responsibility for the quality of services rests with it. The activities of the Criminal Code are regulated by sections 7, 8 of the Housing Code of the Russian Federation, the Rules and Norms of Technical Maintenance of the Housing Fund (approved by Resolution of the Gosstroy of Russia dated September 27, 2003 No. 170), and the Rules for the Maintenance of Common Property in MKD (approved by Resolution of the Government of the Russian Federation of August 13, 2006 No. 491).
  When can recalculation be requested?

How can a lawyer help?

Concludes an agreement with the UK on beneficial terms for owners;
  determine the grounds for changing the payment for the work and services of the Criminal Code, prepare an application for recalculation;
  in case of damage caused by non-performance or improper performance of services, it will send the Criminal Code a claim, if it is refused, it will prepare a lawsuit.

The composition of the common property, the content of which may be assigned to the Criminal Code in accordance with the contract, is determined by part 1 of article 36 of the LC RF and clauses 2–9 of the Rules for the maintenance of common property. In the management contract, it is necessary to specify not only the mandatory minimum of the ordered works and services, but also the procedure and conditions for their execution. This will avoid the imposition of additional services. Otherwise, the owner has the right to refuse to pay for such services or demand its return (part 3 of article 16 of the Law of the Russian Federation “On the protection of consumer rights”).

If the frequency of the provision of housing services specified in the management agreement does not match (for example, cleaning or redecorating less frequently), the owner must request a recalculation in accordance with the rules established by the Rules for changing the amount of fees for the maintenance and repair of residential premises. The right to recalculation also arises in case of non-performance or improper performance. An application for a change in the amount of the fee shall be sent in writing within 6 months after the violation together with an act confirming the violation of the quality of the service or work or the excess of the established duration of the break in their execution (paragraph 6-15 of the Rules.).
  How to get compensation for the damage?

The number of cases in judicial practice on appeals of citizens who suffered as a result of non-performance or improper performance of services by the management company is quite large. So, in May 2015, by the decision of the Leninsky District Court of Krasnoyarsk, 50,000 rubles of non-pecuniary damage and 20,000 rubles of lost earnings were recovered from UK-Comfortbytservice LLC in favor of the postman who injured his leg in an unlit stairwell. The appeal ruling upheld. The number of such cases increases in the winter, when due to the fault of the Criminal Code, people can suffer from ice and snow and ice from the roofs (see, for example, the Appeal Decision of the Supreme Court of the Republic of Bashkortostan dated 06/18/2015 in case No. 33-10115 / 2015).

In these cases, a non-contractual obligation arises from the harm that is subject to compensation in full (Article 14 of the Law of the Russian Federation "On Protection of Consumer Rights"). According to Art. 1085 of the Civil Code of the Russian Federation, the amount of reimbursable harm caused to health includes earnings lost by the victim (salary not received for the period of incapacity for work), medical expenses and additional expenses (additional food, extra care, etc.). In support of the requirements, a protocol of inspection of the local area or entrance, testimony may be presented. Also, the victim has the right to demand compensation for non-pecuniary damage (Article 15 of the Civil Protection Act) and a fine of 50% of the awarded amounts (paragraph 6 of Article 13 of the Civil Protection Act) if the service provider did not satisfy the claim voluntarily.
How not to overpay for common house needs?
  Legal instruction 9111.ru tells you how the rules of the law should be observed when calculating payments for common house needs and how to achieve recalculation.
  What needs are considered common house?

The legislation obliges the owners and users of residential and non-residential premises in an apartment building to bear the costs of maintaining not only their property, but also the general ones (Article 158 of the RF LC, Rules for the provision of utilities to owners and users of premises in apartment buildings and apartment buildings (approved by the Government Decree Of the Russian Federation dated 05.06.2011 No. 354). Household expenses are determined by the service provider (CC, Homeowners Association, etc.) by agreement with the general meeting of residents in accordance with the legislation of the constituent entities of the Russian Federation and based on data . Of the Technical passport of the common property and the area of ​​the house basic utilities used for the common property of the house are: a cold water supply (CWS), hot water (DHW) and electricity Such costs must be proportionate to the share of each to the property in common ownership..
  How are general household expenses calculated?

How can a lawyer help?

It will help to correctly draw up a claim with links to the norms of the law, to make the right calculation. Prepares a statement of claim to court. He will take part in court hearings, declare the necessary applications related to the collection of evidence and calling witnesses. If necessary, she will be able to appeal the decisions of the general meetings of the owners - these cases are difficult, since they require verification of the procedures for holding the meeting and involve calling a large number of witnesses.

The procedure for calculating the standard for general household needs is determined by the legislative acts of the constituent entities of the Russian Federation pursuant to Decree of the Government of the Russian Federation dated May 23, 2006 No. 306 “On approval of the Rules for establishing and determining standards for the consumption of public utilities” and Decree of the Government of the Russian Federation dated 04.16.2013 No. 344. Typically, the amount of expenses for ONE is obtained from the difference between the readings of the collective metering device, individual meters and consumption volumes calculated according to the standard. The resulting value is divided by the number of consumers in proportion to the size of the total area in their use.

The procedure for calculating the standard for general household needs is determined by the legislative acts of the constituent entities of the Russian Federation pursuant to Decree of the Government of the Russian Federation dated May 23, 2006 No. 306 “On approval of the Rules for establishing and determining standards for the consumption of public utilities” and Decree of the Government of the Russian Federation dated 04.16.2013 No. 344. Typically, the amount of expenses on ONE is obtained from the difference between the readings of the collective metering device, individual meters and established standards. The resulting value is divided by the number of consumers in proportion to the size of the total area in their use. For residents who do not use individual meters, Decree No. 344 introduces increasing factors.
  How to check the validity of payments?

The validity of accrued payments can be verified by comparing the fees indicated in the payment document with the tariffs that are set in the constituent entities of the Russian Federation. The managing organization, partnership or cooperative is obliged to inform the residents in the prescribed manner of information about the concluded service contracts for the scale of the house and the district, as well as about the repairs and other expenses related to the goals of managing the apartment building (Decree of the Government of the Russian Federation of 23.09.2010 N 731 “On approval of the standard for information disclosure by organizations engaged in the management of multi-apartment buildings”).
  What can affect the increase in costs?

The reasons for unforeseen expenses for ONE may be associated with leaks in risers, unregistered tenants, underestimated rates of individual meters. Often, violations of the established calculation procedure are allowed in respect of additional services (security, intercom, etc.) and expenses for the maintenance and repair of housing. Such expenses are regulated by Decree of the Government of the Russian Federation of 03.04.2013 N 290 "On the minimum list of services and work necessary to ensure the proper maintenance of common property in an apartment building, and the procedure for their provision and implementation." If the consumer fails to provide information from his meter, the contractor is not entitled to make a calculation according to the standards, since this contradicts paragraph 84 of the Decree of the Government of the Russian Federation dated 06.05.2011 No. 354.
  How to achieve recalculation of payments?

In order to recalculate incorrectly charged payments, the consumer is entitled to file a claim with the service provider with such a requirement. In case of refusal to recalculate, he has the right to file a lawsuit. It is more difficult to achieve recalculation if the calculation is based on the decisions of general meetings of owners - for this it is required to recognize them as invalid.

Why should you choose us?
  Our company has been collecting debts for more than 10 years. During this time, we were able to carefully study all the tactics of property interests used by the lender. Not once being on different sides of the barricades in debates about debts, we have well studied the methods of influencing the debtor and the methods of confrontation with credit organizations. Professional knowledge and wide practical experience allow us to achieve success in business in legal ways.

Debt collection of any types and sizes.
We work with child support debts for minor children, defaults on debt obligations, monetary compensation for the damage caused, and the conditions of the economic contract that have not been fulfilled. Whatever the amount of debt, our lawyers carefully study the causes of the situation and develop a plan for further action to resolve property disputes.

Debt repayment as soon as possible.
  We are interested in getting our customers back as soon as possible. We will help to return small debt amounts (up to 5 thousand rubles) in 2 - 3 weeks, larger ones (10-50 thousand rubles) within 1.5 months. The debt repayment procedure is carried out legally without exceeding authority and introducing penalties.

Professional support of specialists.
We do turnkey business or provide assistance at any stage. The specialists of our company, just like you, are interested in a positive result. We guarantee an attentive attitude to each client and the provision of qualified legal assistance.

Debt collection from legal entities and individuals.
We work with the repayment of debt in favor of state and financial institutions in the event of delays in the payment of utility bills and fines by citizens, violation of credit obligations and the timing of the payment of funds for the rented premises. Another area of ​​our business is the settlement of monetary disputes in relation to third parties.

Debt collection at any stage and any statute of limitations.
We deal with pre-trial and judicial proceedings, including negotiating, filing a complaint or representing a client in a judicial authority. You can contact us for help if the case has already been submitted to court or is in the process of enforcement.