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У Чернівцях «Ринок Центральний» виграв суд проти АТ «Чернівціобленерго». Монополіст за нібито втручання в електролічильник хотів здерти 44 тис. грн. – Документ

Про це йдеться у Постанові Верховного Суду від 2 жовтня 2018 року. Постанова набрала законної сили з моменту її прийняття, є остаточною й оскарженню не підлягає.

Суть позову – визнання незаконним та скасування рішення комісії Чернівецького РЕМ ПАТ ЕК «Чернівціобленерго» з розгляду акту про порушення №12340 від 13.09.2017 про нарахування ВАТ «Ринок Центральний» вартості не облікованої електроенергії на суму 44156, 56 грн.

Працівники компанії-монополіста «Чернівціобленерго» у травні 2017 року прийшли з перевіркою електролічильників на підприємство «Ринок Центральний». І тут вони нібито виявили порушення і склали акт про несанкціоноване втручання у роботу електролічильника. Відтак, представники тоді ще ПАТ «Чернівціобленерго» склали акт про неіснуючі порушення і виписали рахунок на суму 44156, 56 грн. Комісія Чернівецького РЕМ ПАТ «Чернівціобленерго», яка розглядала акт про порушення, прийняла рішення про нарахування ВАТ «Ринок Центральний» вартості необлікованої електроенергії на суму 44 156,56 грн. Вважаючи, що рішення комісії є незаконним та підлягає скасуванню, підприємство звернулося до суду.

При розгляді справи суд вказав, що конструктивні зміни, які виявили працівники енергопостачальної компанії, не вплинули на цілісність пломб і не пов’язані з пошкодженням розрахункового засобу обліку електричної енергії.

Також суд звернув увагу на той факт, що при проведенні розрахунку суми нібито необлікованої електроенергії, АТ «Чернівціобленерго» припустилося помилок.

Судова епопея тривала майже рік. Суд першої інстанції – Господарський суд Чернівецької області у березні 2018 року виграв ВАТ «Ринок Центральний». АТ «Чернівціобленерго» у липні 2018 року подав апеляційну скаргу до Львівського апеляційного господарського суду і виграв. Тоді у серпні 2018 року ВАТ «Ринок Центральний» подав касаційну скаргу до Верховного Суду й остаточно переміг монополіста.

У судове засідання 2 жовтня 2018 року представник відповідача (АТ «Чернівціобленерго») не з’явився взагалі, хоча про час і місце судового засідання був повідомлений належним чином.Відтак, Верховний Суд постановив задовольнити позов ВАТ «Ринок Центральний» про відміну донарахування.

Фотокопія Постанови суду додається.

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