Agree that public utilities do not always do their job well. Many are phony and prefer not to notice the claims of citizens. Unfortunately, GorGaz is also guilty of this.
But all services and organizations in the field of housing and communal services have authority. You just need to know where to complain about the gas service in case of its inaction and how to properly file a complaint. We will tell you what to do in case of disagreements with the blue fuel supplier, we will show you how to make you perform your duties properly.
The content of the article:
- What is a complaint in administrative law?
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What services of GorGaz can you complain about?
- Registration of a claim in case of debt
- Emergency and repair complaints
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Where to complain about the gas service?
- Application to the Ministry of Energy of the Russian Federation
- Other organizations to file a complaint
- Filing a complaint about the work of GorGaz
- A package of additional documents for filing
- Conclusions and useful video on the topic
What is a complaint in administrative law?
A complaint is an appeal by one or several citizens submitted to an administrative body with a demand to protect or restore rights and legitimate interests. It is one of the types of appeals to official departments. Every citizen of the Russian Federation has the right to file a complaint against any organization, incl. and GorGaz.
Claims made on paper can be personal, individual and collective. According to the form of filing, they are divided into oral and written.
The right of individuals to file various complaints and claims is inalienable and is regulated by Article 33 of the Constitution of the Russian Federation
It is best to submit written complaints as official departments and organizations serving citizens are required to respond to such a message.
What services of GorGaz can you complain about?
The gas service is a large technical organization that is not state-owned and accountable to the state. Despite the peculiarities of the work, it has the status of an economic object, remaining a monopolist in its industry.
This should be taken into account when filing a complaint. Those. as a result of filing a claim, it will be possible to resolve the conflict, but it will not be possible to change the service provider. However, note that termination of a gas contract it is quite possible, but then you will have to switch to a different type of fuel.
GorGaz is a large structure that has no competitors, and therefore at any time can change its terms of service to less profitable
The activities of GorGaz are regulated by Order of the Ministry of Regional Development of the Russian Federation No. 239 and Resolution No. 410. The structure and staff of the gas service are established by the head of the company.
Today GorGaz performs several tasks at once:
- Putting into operation gas supply systems for apartment buildings and private houses.
- Repairs indoor gas equipment if it becomes unusable.
- Takes part in the reconstruction of gasified facilities.
- It is engaged in the transportation of fuel.
- Conducts an examination of gas pipelines and related equipment.
- Carries out technical supervision and maintenance in accordance with the agreement concluded with the owner etc.
When filing a claim, you should indicate the service that the applicant is dissatisfied with. Specification will help to quickly resolve the issue. Precisely due to the fact that the gas economy plays several roles, consumers experience inconvenience in formulating complaints and receiving decent assistance from the state in case of problems.
Registration of a claim in case of debt
Government Decree No. 549 (clause 45) regulates the right of gas workers stop gas supplyif the owner of the dwelling has not paid for this utility service for 2 months (or more).
At the same time, Article 117 of the Rules for the Provision of Utilities allows limiting the supply of gas, but not completely shutting it off. The debtor must be warned about the gas cutoff twice: 40 and 20 days before the planned valve sealing.
If the problem situation has reached the point of cutting off the gas, it is better to agree on the spot and try to pay off the debt as soon as possible.
If the gas is completely turned off due to one or two non-payments, homeowners have the right to file a claim with GorGaz. The complaint is made in a free form. When drawing up the document, it is necessary to indicate that the provisions of the Government Decisions No. 354 and No. 549 were violated. You should also once again familiarize yourself with the clauses of the agreement on the provision of gas supply services.
This document should indicate the conditions for a possible gas shutdown and the notification rules. For example, gas cannot be turned off for debts if after that the housing becomes uninhabitable. If the terms of the contract have been violated, this should be reflected in the claim.
Termination and restoration of gas supply are fixed by special acts. These acts are drawn up in two copies, one of which must remain with the consumer of the service. When filing a complaint against GorGaz, this act must also be attached to the application and indicate its details in the document.
Also, immediately after turning off the gas, you need to call the police. She will not be able to solve the problem, because this situation is within the framework of administrative legislation.
However, law enforcement officers will draw up a protocol that will record the fact of sealing the gas pipeline and the life of the residents of the apartment (house) after the gas supply is cut off. Information about the protocol must also be in the application.
Law enforcement officers can be called at any time of the day or night to record the fact that the gas is cut off.
When drawing up the protocol, it is necessary to ask the police to understand the problem and answer this question in writing. If, when filing a complaint, the applicant has already received an official response from law enforcement agencies, it must also be attached to the rest of the documents.
Emergency and repair complaints
There is no need to complain about the gas service if the reason for the shutdown of the gas in the riser is installation of a gas meter in any apartment. This is done for security purposes. Also, the gas is turned off due to various technical malfunctions so that it does not leak.
The technical reasons for gas shutdown include:
- insufficient pressure;
- equipment malfunction;
- damage to the gas pipeline during construction and repair work;
- breakdowns at the gas distribution station;
- Emergency situations, etc.
In the event of an emergency, the gas is turned off without warning. This is done even in winter to prevent an emergency. After the elimination of the malfunction, the gas supply must be restored within 2 days. If the deadlines have been violated, the applicant has the right to file an appropriate complaint.
After eliminating the accident on the gas pipeline, the pipes are checked for defects and, in the absence of malfunctions, gas is supplied through them
When planning the repair of the gas pipeline, residents must be warned about this 20 days in advance. In a month, due to repair work, it is allowed to turn off the gas for 4 hours in total. Utility bills will not change in this case.
If the gas was turned off suddenly, then first you need to call 04 and ask the emergency gas service for the reason for the shutdown. If they do not know anything there, you should contact the Management Company, because there is always the possibility that the person simply did not notice the announcement of the upcoming repair.
You also need to call the gas supplier at the phone number indicated on the receipt, because this organization may know the cause of the line fault. If such outages occur often enough, a complaint should be sent to Rospotrebnadzor.
Where to complain about the gas service?
If there are problems with the gas service, then initially you should try to resolve the issue at the local level. To begin with, you can contact the immediate supervisor of the desired department (manager) or the director of the company. Their contacts can be found on the official website of the organization.
The director is the most important person in the company who can and is obliged to resolve any issues related to the claims of consumers of services
It is best to write a claim addressed to the director, indicating the reason for your request. This is especially true if a person is dissatisfied with the work of some specific employees of the organization.
Most often this happens due to the boorish behavior of the employee, which is expressed in:
- obscene and rude statements during work;
- constant use of abusive vocabulary;
- defiant behavior;
- wearing inappropriate clothing, etc.
Ignoring a complaint or unsubscribing without giving reasons on the part of the head of the company is recognized as a gross violation of law No. 59 on citizens' appeals. In the future, this may become the subject of an independent appeal to the prosecutor's office. A competent manager will promptly respond to the complaint and will be able to solve the problem in a short time.
The response to the complaint must be prompt, since any complaint about the work of the organization negatively affects its reputation
If this does not happen, you will have to contact higher authorities. Lawyers recommend sending complaints to several organizations at once: to the prosecutor's office, to the court, to the ministry, etc. This will provide a quick solution to the issue.
Application to the Ministry of Energy of the Russian Federation
One of the organizations that will be able to solve the problem with GorGaz is the Ministry of Energy of the Russian Federation. A special department has been created here, responsible for receiving complaints from the population and supervising their further consideration.
At the same time, you can file a claim with the department in several ways:
- In case of personal contact, by making an appointment on the reception day. The schedule of personal reception of citizens can be downloaded on the corresponding page of the official website of the Ministry.
- During a telephone conversation (the numbers of the group of the Ministry of Energy for work with citizens' appeals: +74956318746 and +74956318747).
- By mail to the address: 107996, GSP-6, g. Moscow, st. Shchepkina, d. 42.
- On the website of the Ministry of Energy through a special form for sending requests.
When filing a complaint on the official website of the Ministry, you need to log in through the Unified Identification and Authentication System (ESIA).
In accordance with cl. 3 tbsp. 10 294-FZ "On the protection of the rights of legal entities and individual entrepreneurs in the implementation of state control (supervision) and municipal control "inspection by the control and supervisory authority will be carried out only in the case of an appeal by authorized applicants.
Anonymous complaints about gas services are not considered, since they may contain inaccurate information and unverified information from incomprehensible sources
In this case, it does not matter from which device the complaint was filed. The Ministry of Energy's website is well displayed on any gadgets: tablets, smartphones, computers, etc. You can also file a complaint while in any region of Russia or even abroad. The IP number does not affect the period of consideration of the claim.
Other organizations to file a complaint
Other organizations can also complain about the inaction of GorGaz employees. They are not specialized, but they help protect the rights of citizens. These institutions can initiate independent inspections of the gas service, as a result of which the perpetrators (in the event of serious violations) can be brought to administrative responsibility.
These organizations include:
- The prosecutor's office;
- Rospotrebnadzor;
- Court;
- Fuel and Energy Committee (FEC);
- State Housing Inspectorate (a request is sent here to bring the gas service to administrative responsibility under Article 7.23 of the Code of Administrative Offenses of the Russian Federation);
- Regional Office of the Federal Antimonopoly Service (through this organization it is best to fight against monopoly companies, in terms of the provisions of Federal Law No. 135);
- Central Department of the Federal Service for Environmental, Technological and Nuclear Control;
- Rostekhnadzor (it is this organization that exercises professional state control and supervision in the gas industry);
- Department of Municipal Control, if there have been violations of urban planning legislation.
In most cases, if you encounter problems with the employees or management of GorGaz, you should contact the prosecutor's office.
It is she who oversees the work of officials and compliance with the rule of law on their part. The prosecutor's office will help protect the interests of applicants if the gas service exceeds their powers and violates the legitimate interests of citizens.
You can also contact the prosecutor's office if the applicants have suspicions that there are economic violations or problems within the legal framework in the gas service.
The key rules for filing written complaints to the prosecutor's office are established in a regulatory legal act "Instruction on the procedure for considering applications and receiving citizens in the prosecutor's office of the Russian Federation "No. 45. When drafting an appeal, it is better to build on the provisions of this document.
Rospotrebnadzor is an official organization that deals with consumer protection. She helps to resolve issues that have arisen in cooperation with both government and commercial structures. If a citizen believes that GorGaz has violated its contractual obligations, he should contact this particular place.
Before filing a complaint with Rospotrebnadzor, it is necessary to re-read the contract with the service organization and, when drawing up a claim, proceed from the provisions of this document
It is worth going to court if other structures could not help. Also, the judiciary allows you to resolve a dispute related to material and financial losses. The trial will take place in accordance with the norms of the civil procedure code.
You can write a competent statement of claim for the trial yourself or involve a professional lawyer from a law firm for this
When going to court, it is better to hire a lawyer in advance to represent the interests of the applicant. A competent lawyer will help you correctly draw up all the documents and objectively present all the facts to the judge.
Also, with the help of a lawyer, you can achieve compensation not only for material, but also for moral damage. Initially, the court considers an application with a claim within 5 days (on the basis of Article 133 of the Code of Civil Procedure of the Russian Federation).
Filing a complaint about the work of GorGaz
A complaint against GorGaz is drawn up in Russian, regardless of the applicant's native language. The exact sample of the claim is not regulated by the existing regulations. The document should contain the main reasons for the conflict and the individual circumstances of the situation, but it can be written in free form.
This is one of the options for filing a complaint against the gas service, indicating the reason for the claim and the grounds for requiring the provision of quality services.
But at the same time, the complaint must be drawn up according to the general rules of business correspondence. When it is drawn up, it is impossible to use obscene language, impartially speak about someone and allow emotional statements. Also, errors, corrections and blots are unacceptable in the claim.
The complaint should be written in simple language and contain only important information on the topic:
- full name of the authority to which the claim is made;
- requisites and contact details of the applicant (including the postal address to which it will be possible to send a response);
- the essence of the problem, indicating the time period for receiving a low-quality service;
- details (legal address, contacts, etc.) of the company against which the complaint is being written;
- information from the subscription service agreement concluded between GorGaz and the applicant;
- the applicant's claims (pecuniary and moral compensation);
- the period of time during which the applicant is waiting for a response, etc.
The document should be dated and signed at the end. The complaint should be written in clear handwriting or typed on a computer. The information specified in the document must be correct. Providing false information may entail administrative responsibility.
If the applicant has the opportunity to provide documentary evidence, it is necessary to put links to these papers in the text of the complaint to the gas service or attach copies of them to the claim.
The document must be drawn up in two copies, since one copy is submitted for consideration, and the second remains with the applicant
When submitting the paper, you must ask that a note be put on the copy of the applicant that the claim has been submitted for consideration. Also, instead of this, the person can be given a receipt for documents.
The receipt indicates the date of filing the application and the name of the person in charge who accepted the documents. It is from this date that the deadline for the official response of the applicant is counted.
The time during which state organizations are required to respond to a civil appeal is described by Federal Law No. 59. Based on this regulatory legal act, the response to the complaint must be expected within 10-30 days from the date of its submission. To speed up the procedure, you can file a claim collectively. Collective complaints are always dealt with first.
A package of additional documents for filing
A number of other documents must be attached to the complaint. They will serve as additional evidence of the applicant's words and the basis of his rights.
These securities include:
- a certificate of ownership of an apartment or an extract of the USRN (a sales contract or a deed of gift does not need to be provided);
- maintenance contract;
- act on the last maintenance of gas equipment;
- receipts confirming the absence of debts (if there really is no debt);
- the results of the examination of the housing department of the administration;
- copies of previously filed claims and responses to them.
Also, the applicant must attach his passport to the claim. Those. when filing a complaint, it is necessary to prove the illegality of the actions of the gas workers.
If there are debts for a communal apartment, then you should write an additional separate application for debt restructuring and pay it in installments, if you cannot pay off the debt in one payment.
If there is no gas supply contract, it is still considered concluded if the subscriber actually used gas
The possibility of actually concluding an agreement is regulated by Part 1 of Article 540 of the Civil Code of the Russian Federation. It says that the subscription service agreement is considered concluded from the moment of the first real connection of the facility to the network in the prescribed manner. In this case, it is considered signed for an indefinite period, unless otherwise provided by agreement of the parties.
If the applicant files a complaint about a gas cutoff, he can also provide documents confirming the material costs that had to be paid due to the sealing of the gas pipeline.
These could be purchase receipts. electric heater or receipts for replacing frozen gas pipes (for example, they were very frozen during a gas cut-off, and cracked after warming up). Such expenses are more typical for private houses.
About who to call or write a complaint to, if there is no heating, learn from the next article.
Conclusions and useful video on the topic
Detailed information on where and how to file a complaint about the gas service can be found in the video below:
In the event of complaints about the work of GorGaz, the organization should file a complaint with government departments. The choice of which official body will depend on the nature of the claim.
Tell us about how you filed a complaint against the GorGaz branch serving you. Share your own experience in resolving the issue and useful information that site visitors can use. Please write your comments in the block form below, ask questions.