A woman tried to cancel a gas debt of 10,092 UAH through the court: the court indicated that the meter readings were not submitted on time

The Kyiv District Court of Poltava considered a civil case filed by a consumer against JSC "Gas Distribution System Operator "Poltavagaz" and LLC "Gas Supply Company "Naftogaz of Ukraine" regarding consumer rights protection. The plaintiff requested to recognize as illegal the actions related to billing for natural gas using volumes converted to standard conditions, as well as to oblige the defendants to adjust the consumption volumes and cancel the accrued debt.

Essence of the case

The plaintiff stated that she is the owner of a residential house and uses natural gas supply services. After signing the accession application to the natural gas supply contract with LLC "Gas Supply Company "Naftogaz of Ukraine," she began receiving bills which, in addition to the cost of the actually consumed gas, included a demand to pay off a debt.

The plaintiff believed that when determining the volume of consumed natural gas, the gas distribution system operator unlawfully used volumes converted to standard conditions, which led to an increase in the amount of gas charged. She indicated that according to actual readings, she consumed 1,166 cubic meters of natural gas, whereas after conversion to standard conditions, this volume was determined to be 1,887.8 cubic meters. According to her, the difference between these figures was the basis for unjustified additional charges for natural gas.

The plaintiff referred to the natural gas distribution contract and the Gas Distribution System Code, stating that the gas distribution system operator is responsible for transmitting consumption volume information to the supplier. She asked the court to oblige the defendants to adjust the consumption volumes according to the reconciliation act and to cancel the debt that, according to her, arose due to incorrect consumption volume determination.

JSC "Gas Distribution System Operator "Poltavagaz" opposed the claim, stating that the plaintiff did not prove the violation of her rights and did not provide sufficient evidence of the operator's unlawful actions. The defendant emphasized that the transmission of information about actual volumes of distributed natural gas was carried out in accordance with current legislation and the Gas Distribution System Code.

LLC "Gas Supply Company "Naftogaz of Ukraine" also requested to deny the claim. The company noted that during the disputed period, natural gas supply was partially carried out by another supplier, and the supplier forms charges solely based on consumption volume information received from the gas distribution system operator through the gas transmission system operator's information platform. Furthermore, the defendant stated that the plaintiff's personal account records an outstanding debt of 10,092.41 UAH, and the plaintiff did not provide evidence of its absence.

Court's position

The court proceeded from the fact that the natural gas market legislation clearly separates the powers of the gas distribution system operator and the natural gas supplier.

The court established that the determination of actual natural gas consumption volumes is carried out by the gas distribution system operator in accordance with the Gas Distribution System Code. For this purpose, readings from the natural gas metering unit are used, and the data obtained by the operator are transmitted through the gas transmission system operator's information platform to the natural gas supplier.

The natural gas supplier does not independently determine the consumption volume but only calculates the cost of natural gas based on information received from the gas distribution system operator. Thus, the cost of natural gas is formed by multiplying the consumption volume determined by the operator by the established natural gas price.

The court also noted that the Gas Distribution System Code imposes an obligation on household consumers to submit actual meter readings monthly to the gas distribution system operator. If such readings are not submitted on time, the operator determines the consumption volume at the level of the planned monthly volume according to the rules of the Gas Distribution System Code. This procedure applies until actual meter readings are received.

Court conclusions

After examining case materials No. 552/2016/26, the court found that LLC "Gas Supply Company "Naftogaz of Ukraine" supplies natural gas under the relevant license, and relations between the supplier, gas distribution system operator, and consumers are regulated by the Law "On the Natural Gas Market," the Law "On Housing and Communal Services," the Gas Distribution System Code, the Gas Transmission System Code, the Rules for Natural Gas Supply, and standard contracts.

The court noted that after the consumer is included in the supplier's Consumer Register, the latter acquires the status of an active supplier; however, this does not mean that the supplier determines natural gas consumption volumes. The determination of actual consumption volumes is exclusively carried out by the gas distribution system operator according to the Gas Distribution System Code.

To determine actual consumption volume, data from the natural gas metering unit are used. The gas distribution system operator forms information about consumed natural gas volumes and transmits it through the gas transmission system operator's information platform. These data are then imported by the supplier into the billing system and used solely for calculating the cost of consumed natural gas.

Thus, the supplier has no authority to independently determine or change natural gas consumption volumes. It charges only based on information received from the gas distribution system operator. The cost of natural gas is determined by multiplying the volumes defined by the GDS operator by the natural gas price set according to current tariffs.

Considering the plaintiff's arguments, the court referred to paragraph 4 of chapter 4 of section IX of the Gas Distribution System Code, according to which a household consumer who pays based on meter readings must record actual meter readings monthly as of the first day of the month and submit them to the gas distribution system operator by the fifth day inclusive.

If the gas distribution system operator does not receive readings within the established period and the meter is not equipped with remote data transmission means, the actual volume of distributed and consumed natural gas is determined at the level of the planned monthly consumption volume according to the Gas Distribution System Code requirements.

The court found that as of April 1, 2021, the plaintiff did not submit meter readings to the gas distribution system operator within the deadlines set by the Gas Distribution System Code. Therefore, the GDS operator lawfully determined the distribution and consumption volume at the level of the planned monthly consumption volume.

The court also considered that the gas distribution system operator subsequently conducted control meter readings, performed calculation reconciliations, and transmitted relevant data to the gas transmission system operator according to the established procedure. At the same time, the consumption volume adjustment made by the GDS operator in May 2021 occurred during the period when natural gas supply to the plaintiff's property was carried out by another supplier, not LLC "Gas Supply Company "Naftogaz of Ukraine."

The court also noted that the case materials do not contain proper and admissible evidence that the defendants violated the plaintiff's rights. The plaintiff did not prove the unlawfulness of the gas distribution system operator's actions in determining natural gas consumption volumes and did not confirm that the supplier charged contrary to the information received from the GDS operator.

Moreover, the court reminded of the principle of dispositiveness in civil proceedings and the provisions of Articles 12 and 81 of the Civil Procedure Code of Ukraine, according to which the party applying to the court must prove the circumstances on which it bases its claims. The court found that the plaintiff did not provide proper and admissible evidence confirming the violation of her rights by the defendants.

Considering the established circumstances, the court concluded that there are no legal grounds to satisfy the claim. The claim to recognize as illegal the actions related to billing for natural gas, to oblige to adjust consumption volumes, and to cancel the accrued debt was denied.

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