During the New Year holidays, accidents occurred in heating systems in several regions of Russia. Repair work is being carried out everywhere. Is it possible for those who were left without heating to receive compensation? How residents can properly protect their interests and what needs to be taken into account when going to court – Sergey Sergeev, head of the dispute resolution practice in the housing and communal services sector, spoke about this in a conversation with Pravda.Ru.
According to the expert, the law does not allow demanding compensation only for the fact of lack of heating. However, you can try not to pay for the service or reduce its cost by the number of days when the heating was turned off. For example, if you didn’t have heating for five to seven days in January, you may be exempt from paying for that period.
As for moral damages, it can be recovered not for the lack of heating, but for the damage and problems caused. For example, if, due to a heating shutdown, the batteries defrosted or flooded, then you can assess the material damage and apply for compensation. Moral damage can also be taken into account, but it must be justified.
The appeal to the court must be directed against the management company and the resource provider. The court may seek compensation from them for the damage caused. It is important to prepare your evidence correctly and record all the facts in order to have a better chance of winning your case.
In the practice of Sergei Sergeev, there are cases when people received compensation. This is a fairly common occurrence; rarely does anyone lose such cases. However, the amount of compensation may not be as large as you would like, and sometimes you have to file a claim against the wrong person, which complicates the process.
It is important to collect all the evidence and record the facts on time. This will help increase the chances of a successful dispute resolution.
Source: Rosbalt
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