Interaction with inspection authorities is often difficult to call a pleasant event. And even a standard inspection of the meter by gas service workers can turn into painful paperwork or even a fine. Do you agree?
Increasingly, there are cases in which representatives of Gorgaz make unfair decisions, obliging subscribers to pay an impressive amount of collection. It is in such situations that the user may need a gas meter examination carried out by an independent accredited entity. The conclusion issued by the expert may become the only confirmation of the subscriber's good faith and prove the unfoundedness of the gas service's claims.
In this material, we will tell you about where to make an unscheduled examination of the flow meter, how to challenge the actions of the service provider and get rid of the fine.
The content of the article:
- The need for an independent examination
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Who can conduct an alternative examination?
- Option # 1 - center for standardization and metrology
- Option # 2 - gas meter manufacturer
- Option # 3 - a private company with a special permit
- How to challenge the sanctions charged by Gorgaz?
- Conclusions and useful video on the topic
The need for an independent examination
The gas meter, like any other metering device, must periodically undergo a scheduled check. In addition to the current survey, an unscheduled one is also envisaged, which must be carried out before the commissioning of new gas equipment or after the repair of previously installed equipment.
During the check of operation, the metering device is inspected for external interference and damage, the integrity of the factory and installed by the service of seals. Additionally, the survey can reveal the facts of the impact of various devices, which make it possible to adjust the real indicators of the volume of fuel consumption in favor of the subscriber.
In order to confirm the serviceability of the meter and make sure that the gas metering is correct, the device dismantled by a service representative and sent for an official check, which is drawn up the corresponding act.
Some types of gas meters can be tested at home without dismantling. For the examination of such devices, special mobile devices are used for diagnostics.
Alas, but exactly check without dismantling the household meter may not pass. And the identification of any other violations during the initial examination can incur unwanted sanctions even on a bona fide subscriber.
Independent technical and metrological expertise helps to defend their rights and challenge the actions of gas workers.
During the survey, the user will be able to prove the most important facts confirming his innocence of the violations presented:
- absence of outside interference in the design of the accounting device;
- operability of the counter and the correctness of the data provided by it.
Experts can additionally conduct research concerning the influence of the magnetic field on the device and determine the level of remanent magnetization. A conclusion of this kind can be the main proof that the subscriber did not try to influence the meter from the outside for mercenary purposes.
The results of the examination can be used both in pre-trial and court disputes. In some situations, the conclusion of a specialist helps not to start litigation at all and immediately challenge the actions of the gas distribution organization. So, for example, if the user suspects that the counter shakes a lot - fixes an unjustifiably large amount of consumed cubic meters of gas. This may become a reason for an independent examination, the results of which will help to immediately challenge an unreasonably large amount of charges.
If specialists are attracted to conduct an independent examination of the meter, if there is a suspicion that it shakes a lot, as in other cases, the subscriber will have to pay for their services at his own expense
Acts provided by an expert organization are solid evidence in court and can be reviewed by controlling or law enforcement agencies in the process of resolving disputes between the service organization or service provider and the final by the consumer.
Who can conduct an alternative examination?
Now let's talk about where you can make an unscheduled examination of the gas meter. So, the implementation of an independent examination of a household gas meter can only be carried out by organizations that have permission to provide such services. They carry out both visual diagnostics of the device and bench check of the meter using special equipment. Such measures make it possible to determine the unit's ability to take into account the volumes of fuel consumed within the permissible error.
Option # 1 - center for standardization and metrology
You can order an objective assessment of the meter at the nearest center for standardization and metrology.
Often this is a federal budgetary organization, but the user will have to pay for its services independently.
Option # 2 - gas meter manufacturer
In some cases, the subscriber can officially contact directly the representatives of the manufacturer that issued the meter. To do this, you need to send a request letter, after the approval of which you can submit the node for review.
Specialists from the manufacturer's staff will be able to officially confirm or deny certain facts regarding the state and functioning of the metering device
However, such an assessment can take a very long time and be unprofitable in terms of costs.
Option # 3 - a private company with a special permit
In addition to the state ruler and the manufacturer, private firms that have the appropriate license and admission can also conduct an examination.
In almost every large city, there are special centers that help consumers to certify the serviceability of a metering device.
How to challenge the sanctions charged by Gorgaz?
First of all, you need to be prepared for the fact that you definitely cannot do without the help of a qualified lawyer specializing in such cases. There is no one-size-fits-all solution for challenging violations by a gas supplier, since, from the point of view of legal practice, each case is unique and requires an individual approach.
Many subscribers who find themselves in a difficult situation are afraid of the potential costs associated with paying for the services of a lawyer and an independent expert evaluating the meter. The legal costs themselves can cost a significant amount. However, with a positive court decision in favor of the end consumer, all these costs can be compensated for by the gas distribution company, which will be the defendant in the case. It is only necessary to put forward these requirements in advance in the statement of claim.
Additionally, it is important to understand that the subscriber's signing of an act on the performance of any work or detection of damage on the meter is considered as the user's agreement with the facts described in document.
Therefore, before signing any papers, you need to carefully read their content and, if inconsistencies are detected, write about your disagreement with the information contained in the document.
Often all disputes with a gas supplier are resolved in court. However, it is necessary to understand that the act itself is not contested in this instance. He only officially confirms the happened and recorded fact of the offense.
In simple words, the act is an argument in favor of the company providing the fuel, and the result of an independent examination of the meter is an appealing argument on the part of the consumer. Therefore, in order to go to court, in addition to a competently drawn up statement of claim, it is necessary to obtain written explanations from the Gorgaz. In each individual situation, these can be completely different documents.
For example, when trying to challenge a large amount of fuel surcharges billed in the last 6 months before the day identification of a violation, it is necessary to demand from the supplier in writing a decryption of the announced amount and an explanation on what basis it was made recalculation. The resulting document can already be attached to the statement of claim, as it highlights the supplier's actions, which may be illegal.
If Gorgaz refuses to provide a decryption, you can re-request the document by writing a statement on debt recalculation. It must be drawn up in two copies, one of which must remain with the subscriber. On the copy of the user, the representative of the gas distribution company is obliged to record the date of receipt of the application. Within the next ten days, the supplier is obliged to send a detailed response to the consumer.
Until the case reaches the court, it is important to provide the Gorgaz with your claims in writing. The official response of the company can be used as evidence in court
If the supplier does not respond to the applications or continues to act unlawfully, it is appropriate to file relevant complaints with the local housing inspectorate, Rospotrebnadzor, or even the prosecutor's office.
However, the decisive will be the word of the court, which, based on the results of an independent examination of the gas meter, will be able to cancel the collection of the fine and oblige the gas distribution company to make a new recalculation debt.
We also recommend that you familiarize yourself with what are gas meter fines, with the reasons for their imposition and the amount of penalties.
Conclusions and useful video on the topic
In the video below, a representative of an organization providing services for the examination of metering devices examines in detail the real and a fairly common situation in which an independent assessment of the condition and operation of a gas counter:
The author of the following video shares his opinion about the advisability of buying a new meter or checking an old device:
A detailed disassembly of a gas meter that has not passed the scheduled verification is shown by the master. The specialist considers the ways that unscrupulous inspectors can use to render the metering unit unusable:
A competent approach and legal knowledge help the subscriber in most controversial situations. Having in hand the results of an independent examination, the consumer can safely defend their interests and hope for a fair court decision. But it is important for each owner of metering devices to personally control the course of the meter inspection and not sign acts of dubious content. Persistence, knowledge and understanding of the legislation will save you from the arbitrariness of the supplier and will prevent you from getting a potential fine.
Do you still have questions about conducting an independent examination or want to supplement the above information with useful information and facts? You can ask questions to our experts and express your opinion in the comments block below this article.
