Fine and refund: the residents of Nur-Sultan have achieved justice.

Fine and refund: the residents of Nur-Sultan have achieved justice.

A monopolist who committed violations and caused a flurry of discontent among residents of the capital will be punished in Nur-Sultan, Business Kazakhstan reports.

The reason for the proceedings were complaints from residents of Nur-Sultan against Astanaenergosbyt LLP, which did not want to conclude contracts for heat supply services with some houses, and also in some cases incorrectly charged for heating.

During an unscheduled inspection conducted by the Department of the Committee for Regulation of Natural Monopolies of the Ministry of National Economy of the Republic of Kazakhstan in the city of Nur-Sultan in relation to "Astanaenergosbyt" LLP, it turned out that "Astanaenergosbyt" LLP does not accept volumes of thermal energy for newly commissioned residential buildings in the category "individuals", thereby refuses to open personal accounts for heat supply to individuals when the objects are handed over by the developer. In the event of a change of the owner of the object, when the developer terminates the energy supply contract with "Astanaenergosbyt" LLP, and without opening personal accounts to the new owners, this object passes into the category of non-contractual.  At the same time, the inspectors found that at the addresses of 25-aya Street 9, A. Khrapaty Street 14, Dostyk½, E67 6, Kabanbai batyr 49, Karasai batyr 22/A, 22/B, Kazybek bi 11A, K. Mukhamedkhanov 1/1, K. Mukhamedkhanov½, K. Mukhamedkhanov 20, K. Mukhamedkhanov 20/1, K. Mukhamedkhanov 20/2, Kerey Street, Zhanibek khandar 50, Mangilik el ave. 45, 58, pr. Turan 58 and in the total number of 1191 apartments of "Astanaenergosbyt" LLP, the volumes of thermal energy in the amount of 3027.72 Gcal were not accepted and the conclusion of the contract was refused.

- In this way, "Astanaenergosbyt" LLP, being a subject of a natural monopoly in the field of heat supply, by refusing to open personal accounts to individuals and accepting volumes of heat energy, creates unequal conditions of access for consumers to heat supply services. The above-mentioned action of "Astanaenergosbyt" LLP violated paragraphs 5), 8) of paragraph 2 of Article. 26 of the Law of the Republic of Kazakhstan "On Natural Monopolies", according to which a natural monopoly entity is obliged to provide consumers with equal conditions of access to regulated services, and is also obliged to conclude individual contracts with consumers for each type of regulated services provided, the Department reported.

According to the results of an unscheduled inspection, "Astanaenergosbyt" LLP was brought to administrative responsibility under part 4 of Article 164 of the Code of Administrative Offenses of the Republic of Kazakhstan and a fine of 4,667,200 tenge was imposed.

Also, a mandatory order was issued to eliminate violations of the legislation of the Republic of Kazakhstan on natural monopolies by concluding contracts with individuals at the above addresses within ten calendar days.

Moreover, on the basis of the received appeals of residents of the residential complex "Ishim" of the city of Nur-Sultan regarding the illegal actions of "Astanaenergosbyt" LLP, the Department found that when calculating heat energy for heating to consumers (residents) of the residential complex "Ishim" on A. Bokeikhan house 2 of the city of Nur-Sultan in December 2020, due to the lack of indications according to the data of general household heat metering devices, "Astanaenergosbyt" LLP charged for heat supply based on the amount of the fee determined according to consumption standards for consumers who do not have a metering device, approved by the Resolution of the Akimat of Astana dated 11.12.2015 No. 367-2307.

- So, in accordance with the consumption standards in December 2020, the payment of residents of the residential complex "Ishim" for heating amounted to 4     597 523 tenge in the amount of 131,47 tenge/sq. m. According to paragraph 10 of a standard contract for the provision of services for the supply of thermal energy if it is impossible to remove the readings of metering devices due to the fault of the Consumer and, if the Consumer himself does not provide the energy transmission organization with information about the amount of thermal energy consumed by him, the energy supply organization has the right to calculate for the specified periods according to the average daily consumption of thermal energy of the Consumer for the same period last year, followed by recalculation on actual consumption. The payment of residents of the residential complex "Ishim" for December 2020 according to the average daily consumption of thermal energy for the same period last year should have amounted to 1 580 237 tenge. Consequently, the amount of overpayment for heating by the residents of the residential complex "Ishim" in December 2020 amounted to 3 017 286 tenge, the Department reported.

Now the monopolist must return the amount of the overpayment to residents by recalculation.

Sourse: https://dknews.kz/inner-news.php?id_cat=15&&id=165628