Lawyer Nicolae Marian said the payments for the transit of heat through pipes going via apartments that were disconnected from the centralized heating system are illegal. The heat that is owned by SA “Termoelectrica”, without the consent of the consumers with autonomous heating systems, goes through the apartments of these and is sold to other persons. This happens in the absence of particular conditions that would be mutually advantageous to consumers and “Termoelectrica”, while the revenues from entrepreneurial activity covers only the supplier’s interests.
In a news conference at IPN, Nicolae Marian said that under the legislation, a contract between the consumer and the supplier should be signed, but this is absent. “As we do not have such a contract, “Termoelectrica” cannot collect payments for the supply of heat. On the other hand, the Law on Dwellings says that in the case of services that are not metered individually, the metering is performed by the cooperative or condominium co-owners association, which, for its part, distributes the quantity of used benefits to each consumer,” explained the doctor of law.
According to him, “Termoelectrica” explains that it collects payments for the transit of heat through pipes going via apartments that were disconnected from the centralized heating system because it incurs losses that are to be paid by the consumers, including those with autonomous heating systems. But the law clearly provides that the tariffs and tariff components for heat do not include and do not take into account the losses of heat and other unjustified costs that are over the norm. This means that all these losses should be paid by the supplier.
The lawyer also said that the persons who do not agree with the collection of these payments should compile a co-participation application within civil lawsuit No. 3-145/20. Those interested can see this case that is pending at the Chisinau Appeals Court. The suit was filed after there was raised the exception of unconstitutionality of a Government decision by which the possibility for SA “Termoelectrica” to collect such payments is justified. For one reason or another, the Constitutional Court, when it examined the exception of unconstitutionality, ordered to stop the examination of the constitutionality control, arguing it goes to the exercise of control over regulations for applying the law and this exercise should be performed by the administrative court.
Professor Alexandru Arsene, doctor habilitate of constitutional law, said the constitutional provisions guarantee the right to private ownership and to its protection. When a state institution infringes on this property, the person can go to court as this is a democratic way for restoring the rights. “There are these provisions and the launched mechanism is justified. We hope that by common efforts, based on the law and the Constitution as the supreme law of the people, we will manage to solve this problem,” stated Alexandru Arsene.
