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The management company in Kolyma left several houses without heating

The management company in Kolyma left several houses without heating
Special project Financial literacy
The prosecutor’s office made a presentation to the head of the managing organization Novostroy LLC in the Magadan Region for violating the deadlines for eliminating a communal accident and improper maintenance of the common property of an apartment building in the village of Palatka. Because of the "control", the residents were left without heating for five hours.

According to the regional prosecutor’s office, a rupture of a heating system pipe in the basement of the house occurred on March 15 this year. To establish a leak and conduct welding work, the managing organization turned off the heating of four houses. The supervisory authority found out that not only the deadlines for eliminating the accident were violated, but also that the improper maintenance of the common property led to the accident.

The expert of the information portal Zhilfin.rf (within the framework of the project of the Ministry of Finance of Russia on financial literacy) Lolla Kirillova explains that the management company retains the obligation to monitor the status of communal networks even with direct agreements with the supplier of communal resources, not to mention when they are not available. Also under the jurisdiction of the Criminal Code is emergency dispatch service at home.

 According to the decision of the plenum of the Supreme Court of the Russian Federation dated 28.06.2012 N17 “On the consideration by courts of civil cases on disputes on the protection of consumer rights”, clause 28, when resolving consumer claims, it is necessary to take into account that the burden of proving circumstances exempting from liability for failure to fulfill or improper performance of obligations , including for causing harm, lies with the seller (manufacturer, contractor, authorized organization or authorized individual entrepreneur, importer).

“The law on consumer protection extends to the relations of residents with management companies. This means that the Criminal Code must prove that it is not to blame for the accident, and not vice versa. Here the prosecutor’s office has already carried out all the work of proving. Residents should demand recalculation of payment for heating, ”said Lola Kirillova.

The expert notes that it should be understood that the maintenance and repair of the building assigned to the management company are not identical to the overhaul. Thus, the management company, in turn, can submit the documents of the earlier surveys with the recommendation to replace the pipe that does not comply with the standards, carried out only as part of a major overhaul. In this case, the Criminal Code may refer to the fact that the owners did not initiate its conduct.
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