Case new perspective · Railway | Note!Private demolition heating equipment must still pay heating fees

"I have demolished the heating equipment of the thermal company, and I have not enjoyed heating services for two years. Why should I pay heating?" Recently, in a case of heating disputes tried by the Urumqi Railway Court, the defendant Wang asked for objections in court. Essence

Retrospective

Due to the arrears of more than 4,800 yuan in heating costs, Wang, who lives in a community in Tianshan District, Urumqi, was sued by the Heat Company to the Urumqi Railway Court.

During the trial, Wang believed that he had removed the heating equipment at home 2 years ago. He did not enjoy the heating service of the plaintiff, and did not need to pay the heating fee.

Guo Yi, the president of the Kuitun sent court of Urumqi Railway Court, introduced that in the case of a single household cycle, the use of hot households can apply to the heating company to stop using heat. Using hot households to remove heating equipment without permission, heating costs must be paid in full.

Under the mediation of the court, Wang fully paid the arrears of heating fee.

Judge remind

Guo Yi introduced that the supply of thermal contracts is different from the general civil and commercial contracts. It has certain compulsory and service characteristics in the performance. The heating obligation of thermal enterprises is not only based on the contract, but also based on the provisions of laws, local regulations, and administrative rules. The choice of heat service is also strictly limited.

Article 38 of the "Urban Heat Management Regulations" stipulates that the use of hot households can apply for stopping the entire heating period without affecting the normal thermal use of other users, but it should be at the beginning of the heating period. Nikko heating enterprises propose in writing and go through the formalities of contract changes.

It is worth mentioning that the use of hot households to apply to thermal enterprise to stop using heat, and should also pay the basic thermal fee to the heating enterprise.

Guo Yi reminded that Article 37 of the "Urban Heat Management Regulations in Urumqi City" stipulates that the use of hot households must not have the following behaviors:

(1) Damage or dismantling, move, and add urban thermal facilities;

(2) Conceal the use of hot area or connect without authorization to change the nature and operation of urban thermal facilities;

(3) Install the hot water circulating device or water leaving device on the urban thermal facilities;

(4) Other behaviors that damage urban thermal facilities and affect heating effects.

In addition, Article 39 of the Urumqi City Urban thermal Management Regulations stipulates that if there is one of the following situations, the use of hot households shall not apply for stop using heat:

(1) Resident users with single tube circulating heating;

(2) New buildings are during the warranty period of heat supply facilities;

(3) Other people who may harm the heat safety of adjacent heat households and the residents' common heating facilities are operating safely.

In this case, if Wang really needs to stop using heating, he can submit a written application to the heating enterprise in accordance with the "Urumqi Urban thermal Management Regulations". However, Wang did not reach an agreement with the plaintiff on the suspension of heating beforehand and dismantled the heating equipment without authorization. The behavior violated administrative regulations. Even if he did not enjoy the heating service of the thermal company for 2 years, it still had no right to refuse to reject the heating service on the grounds of the actual heating service. Pay the heating fee.

Source: Pomegranate/Xinjiang Legal System Newspaper

Correspondent: Guo Yi

Edit: Li Ruiqi Senbaiti

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