By the carried-out Prosecutor's office BUT. Snezhinsk check it is established that more than in 250 apartment houses in which all-house metering devices of cold and hot water supply managing organization JSC "Service", during the period are installed from 01.06.2013 till 31.12.2014. in defiance of existing rules illegally charged a payment for an all-house water consumption.
According to the current legislation in the apartment house equipped with the collective metering device, the payment size for all-house needs cannot be more, than a payment on them, calculated according to the consumption standard in such house in the absence of the all-house metering device. Thus standards of consumption of utilities are approved by public authorities of subjects Russian Federation, authorized in the order provided by regulations of subjects Russian Federation (ETO). Standards of consumption of utility for cold, hot water supply for all-house needs in the territory Chelyabinsk region were approved 23.12.2014. also are put into operation from 01.01.2015.
Thus, as during the period from June, 2013 to 31dekabrya 2014 this standard was not approved, to apply the approved formula to charge of this volume of services it was not represented possible. Under such circumstances, the bases for charge to owners of apartment houses of a payment for an all-house water consumption at JSC "Service" were not available.
BUT Snezhinsk are sent by the prosecutor to city court the statement of claim about assignment on managing organization of a duty to make recalculation of a payment for an all-house water consumption to owners of rooms in apartment houses from 01.06.2013 on 31.12.2014g.
Of 21.07.2016 claim requirements of the prosecutor BUT Snezhinsk are satisfied with a judgment in full. Actions JSC "Service" on charge and payment collection on the utilities (water supply) provided for all-house needs to owners of rooms in apartment houses, are recognized as the illegal. The duty is assigned to the respondent to make payment recalculation from 01.06.2013 till 31.12.2014 within three months from the date of the introduction of a judgment in validity.
The judgment did not enter validity.