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Heating fee disputes residents prove difficult what evidence the court recognized?

2018-11-06 13:04 beijing evening news TF017

The heating season approaching, when the heating unit of money does not come close to the headache. In the previous year due to heating costs caused by litigation, are gradually settled: the document data China referee showed that as of November 6, 2018, the year 2018 in Beijing for thermal contract dispute case verdict upheld 397 pieces, 134 pieces, 2 pieces of retrial verdict. Among them, very few cases are residents active prosecution of heating units, heating units for the vast majority of residents sued the recovered heating fee.

Beijing evening news reporter in 119 cases of the second instance as the analysis object, found that the residents refused to pay heating costs for Lin Linzong a total of 8 items, including heating units without heating / heating standards topped the list with 60.5% of the rate of dispute, Sue have limitation in 44.5% accounted for second, between the recognition and the existence of a contractual relationship with the heating unit the 36.1% ranked third.

The lawyer told the Beijing evening news reporter, heating fee disputes residents proof more difficult, if it is not true, and the A thing has its cause. court evidence, not a waste of time advising residents in litigation.

Illustration of Wang Chenyu

The contractual relationship, the accounting standards don't waste slobber

Who lives in Tongzhou District, Ms. Dong is the heating unit to court because of arrears of two annual heating heating costs, Ms. Dong signed her contract and argued that heating is the property of the company, there is no contract between her and the heating unit, so that heating costs heating units without qualification.

Who lives in Haidian District, Mr. Wang, also years of delays in the payment of heating costs, but he thinks: the house involved because A thing has its cause. property disputes, has been handling the transfer formalities, but the family has not Tengfang, so they should not pay heating fee.

This idea can get the support of the court? The answer is not. In life, the residents signed a heating agreement with the developers or property companies, developers or property will be entrusted to the heating unit heating service professional is very common.

In April 1, 2010 the implementation of the "Beijing city heating management measures" provisions of article eleventh, did not sign a written contract of heating, the heating unit is to provide one or more heating period, the heating unit between the user and the fact of the existence as heating contract relationship; the provisions of article sixteenth, the heating unit shall be directly charged to the user heating costs; the provisions of article seventeenth, did not sign the contract, by the owner of the House Lessee or the provisions of the standard rent public housing tenant in accordance with the provisions of payment of heating costs. Therefore, Ms. Dong and Mr. Wang were the court to pay heating costs.

Another type of the vain dispute is charging standards. According to the billing area as an example, the Beijing Municipal Development and Reform Commission official website of the city's existing heating sales price list is as follows: (unit: yuan / square meter, heating season)

If the charges by the use of space, calculate the conversion coefficient divided by the charges according to the per square meter, heating quarter 0.75; heating of single storey building height of over 4 meters and simple houses, sheds and special construction in winter with hot charge double. In 2018 at the conclusion of the case, there are 17 cases involving accounting standards dispute. But because of regulations, so the court did not support the residents of objection to the accounting standard.

Temperature, noise area, how to fight

In 119 cases the reporter query, the 72 parties advocate heating units without heating / heating is not standard, the 64 party claims that the heating unit without heating / heating is not standard, so the court asked the non payment or pay heating fee. What evidence the court recognized?

Case studies show the first evidence for both parties agreed not up to the temperature: Mr. Lee, who lives in Huairou District, submitted a heating unit maintenance personnel on-site temperature when recording, that the living room, bedroom temperature is only 16-17 degrees, the court accepted the evidence, according to the "agreement below 2 deg. C., back 40%; low temperature of 2-4 DEG C, back 60%; low 4 degrees and above, back 100%" rules, support for Mr Lee reduce heating costs for 40%.

The two kind of evidence is the detection results identified by the relevant departments of the city of the three party inspection agency. But after testing before must repair, heating units, temperature regulation, maintenance after the two sides is still in dispute on the temperature, and then commissioned detection, and should be in the heating unit, the user and the three party inspection agency presence; the two parties entrusted different detection mechanism, to detect the data receiving services entrusted by the quasi.

Mr. Li Fengtai District, because the skip repair link, directly commissioned third party inspection agency to temperature, although the final measurement results showed that temperature is only 12 degrees Celsius, the court did not support Mr. Li was not pay heating costs, temperature compensation expenses and mental damages claims.

In addition to temperature is not reached, the heating area disputes, heating facilities failure caused by damage to the housing, in the case of sufficient evidence, will get the support of the court.

The lady and the heating unit house mountain agreed 202.16 square meters according to the subscription agreement recorded for 2012 heating area and heating units are in accordance with their own according to the mapping of the construction area to calculate the heating costs, Ms. sun refused to continue to pay after the discovery of the proceedings. Final court decision, Ms. sun according to the contract area payment, while heating unit returned 2012 paid 27.4 yuan.

Because heating valve noise seriously affect the life, Mr. Zhang Dongcheng District refused to pay heating costs, in the trial court he brought to the scene investigation, the court accepted his plea after the inquest, the final judgment of the heating fee reduction 20%.

Sign the agreement and payment before the entry into force of stop warming

In more than one set of houses, some houses may don't live long, "" Beijing city heating management provisions of article eighteenth, with independent household heating system type of users, in the premise of not affecting the safety of other users and the common normal heating heating facilities, in consultation with the heating unit, agreed to suspend the heating time, pay the basic expenses and other matters, can be suspended by the heating unit heating.

Industrial and Commercial Bureau city and municipal committee formulated the "Beijing residents" heating contract demonstration text states that in the suspension of heat during shall pay the basic fee, the city has provisions for basic expenses, according to the regulations; otherwise, the basic fee for each heating period according to the contract heating costs a total of 60% pay ". The court held that the case shows that this industry has guiding properties, it has practical reference value.

Ms. yuan has a house in Xicheng District, for a long time in housing, and the heating unit to stop heating the heating unit to negotiate, but at the same time, told Ms. yuan still need to pay 60% basic fee, Ms. yuan think the cost is too high so it does not apply to stop warming procedures, heating units after the prosecution to the court, the court, Ms. full payment of heating costs.

Who lives in Xicheng District, Ms. Yang, and the heating unit signed a stop warming agreement, also recognized the contribution rate of 60%, but did not actually pay the fee. The court held that the payment agreement has not occurred, stop warming effect, Ms. Yang should pay the full cost of heating.

Therefore, the Beijing evening news reminded to stop warming and stop warming conditions of residents in the heating and heating units before signing agreement and pay the cost of basic stop warming.

Lawyer: outstanding heating costs will affect the credit record

Beijing Pacific Century lawyer Luo Yurong served as legal adviser of the heating unit and the agent to participate in the proceedings, he told the Beijing evening news reporter, ask for the heating fee in the heating unit of the lawsuit, residents losing rate is very high, most of the reason is the residents refused to pay heating costs for most of the time it was out of court evidence. "The residents feel that the indoor temperature is not standard, the heating unit will generally come temperature maintenance, but not up to the temperature may be caused by many factors, such as pipeline defects, doors and windows design lead seal is not good, if indeed the responsibility caused by heating the heating unit is not standard, the court is able to reduce costs."

"Rights and obligations are equal, the residents enjoy the heating service, have the obligation to pay heating fee. Unless the service does not reach the heating unit, does not recommend the residents in It is without rhyme or reason. Otherwise, once the heating units in litigation, the arrears residents themselves time and money are wasted, and ultimately may affect residents' credit records." Luo Yurong said.

What are the third party testing organization at room temperature? (2010 city heating Office released)

Beijing energy saving and environmental protection center, Beijing City Office of coal saving energy-saving monitoring station, Beijing city construction engineering quality testing, the first Beijing city construction engineering quality testing, four energy-saving monitoring station of Tongzhou District

 

Source: Beijing evening news reporter Bai Ge

Editor: TF017

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