It should be remembered that in accordance with article 7 of the Law of Ukraine “On Housing and Communal Services” (hereinafter - the Law), the consumer is obliged to conclude contracts for the provision of housing and communal services, since the contract is exactly the document on the basis of which the consumer can make claims for services provided or of poor quality, as well as to require recalculation and compensation for losses.
In addition, according to article 12 of the Law, the provision of housing and communal services is carried out on a contractual basis.
Contracts for the provision of housing and communal services are concluded in accordance with model or model agreements approved by the Cabinet of Ministers of Ukraine or other state bodies authorized by law in accordance with the law. Such agreements can be approved separately for different models of the organization of contractual relations (individual agreement and collective agreement on the provision of utility services) and for various categories of consumers (individual consumer, collective consumer).
It should be noted that the consumer in accordance with Section 7 of the Law has not only rights, but also obligations.
And yet, in case of failure to provide, in full or inadequate quality of utility services, the consumer has the right to call the utility provider (his representative) to check the quantity and / or quality of the services provided.
Based on the results of checking the quality of the provision of utility services or the quality of services for managing an apartment building, a claim is drawn up, which is signed by the consumer and the executor of the utility service or the manager (for the apartment building management service).
The utility contractor or manager (for the apartment building management service) is obliged to arrive at the consumer’s call within the time period specified in the service agreement, but no later than within a day from the receipt of the consumer’s notice.
The claim act is drawn up by the utility service provider or manager (for the apartment building management service) and the consumer and should contain information on what the failure to provide, incomplete or inadequate quality of the utility service or apartment building management service consisted of, date ( term) its failure to provide, the provision of incomplete or inadequate quality, as well as other information characterizing the failure to provide services, the provision of them not in full or inadequate quality.
In case of non-arrival of a utility service provider or manager (for the apartment building management service) or an unreasonable refusal to sign an act of claim within a specified time period, such an act shall be signed by the consumer, as well as by at least two consumers of the corresponding service living (located) in neighboring buildings (in premises - if the service is provided in an apartment building), and is sent to the contractor of the utility service or to the manager (for the service for managing the apartment building) by registered mail.
The communal service provider or manager (for the apartment building management service) must decide within five business days whether the requirements set forth in the claim act are satisfied, or provide the consumer with a justified written refusal to satisfy his claim.
If the executor (manager) fails to provide a response within the established time period, the consumer’s claims shall be deemed recognized by such executor (manager).
If the dispute cannot be resolved by sending a claim, the Law determines that the protection of the rights of consumers of housing and communal services is carried out by an authorized central executive body that implements state policy in the field of state supervision (control) of compliance with consumer protection laws.
Department of Public Relations and Media of the State Food and Beverage Service