The assistance of the Business Ombudsman helped the company to achieve recalculation of a multimillion claim for water supply.
The Commissioner for the Protection of the Rights of Entrepreneurs in the Moscow Region Vladimir Golovnev and the prosecutor of the Moscow Region Sergei Zabaturin, helped a businessman from Khimki to deal with the claim of a resource-supplying organization.
The trade and production enterprise is engaged in the production of LED lamps and supplies electrical products to organizations in the energy and construction sectors, providing jobs for more than 50 residents of the city.
At the end of 2018, the company acquired ownership of a production building without re-signing contractual relations for water supply and sanitation with JSC Khimki Vodokanal.
During the inspection of internal communications by employees of the vodokanal, unauthorized use of water supply systems was established and an act of "Inspection of the state of water supply and sanitation for unauthorized connection" was drawn up, which served as the basis for sending a claim to the company for non-contractual consumption in the amount of more than 51 million rubles.
The company tried to settle the dispute in a pre-trial manner, but the resource supply organization filed an application to the arbitration court, which decided to satisfy the plaintiff's claims in full, without evaluating the arguments of the company.
After the entrepreneur's appeal to the Business Ombudsman and the prosecutor of the Moscow region, the Khimki City Prosecutor's Office sent materials on the organization's complaint to the investigative department in the city of Khimki of the Main Investigative Department of the Investigative Committee of the Russian Federation on the actions of officials of JSC Khimki Vodokanal.
As part of the investigative measures, an inspection of the internal water supply and sanitation networks in the building was carried out again, as a result of which it was established that the diameter of the water supply networks is 25mm.
This established fact served as an appeal by the company to the court on newly discovered circumstances. The court agreed with the arguments of the entrepreneur and established the amount of the organization's debt to the water utility in the amount of slightly more than 3 million rubles.
The contract has been concluded.