The concrete case of a citizen that I represented in judicial proceedings revealed that some of the statements in the EPCG’s books contain false information concerning the use of electricity. Furthermore, the case demonstrates how this enterprise, contrary to court rulings, continues to violate the rights of consumers by cutting off their electricity illegally without bearing the consequences.
In June 2007, Podgorica’s Electro-Distribution initiated criminal proceedings against a consumer that the EPCG was attempting to extort money from, as demonstrated by the ruling of the Municipal Court Mal. No. 135/10 that found in the consumer’s favor.
In the proceedings before the Basic Court, the EPCG again filed a motion trying to compel this consumer to pay for alleged ‘debts,’ with the aim of taking from him money he did not owe. Along with the motion, the Court was given an excerpt from the EPCG’s books containing false information that the consumer had not paid a single cent for electricity consumed in the period spanning 31.12.2007 and 30.112008.
When I, as the lawyer of the accused, submitted to the court invoices that clearly demonstrated that the consumer had indeed been regularly paying his bills over the course of this period (and that he continues to do so), the EPCG withdrew its suit before the Court. It also had to reimburse the consumer for the costs of the trial as a result of the final ruling made by the Municipal Court in Podgorica.
Even though this consumer had been regularly paying his bills, the EPCG chose to ignore the Court’s rulings and in October of last year again delivered a warning to him, arbitrarily arguing that his debt had increased. The consumer was warned that if he fails to settle the alleged debt, his property will be cut off from the distribution network.
On this occasion I wrote to the EPCG and demanded that they submit the bills for the period they claim the debt was incurred. I wanted them to precisely indicate the period when a consumer that the EPCG had already lost two trials with incurred the alleged debt. EPCG officials failed to provide me with the requested information, even though they are obliged to do so. Nevertheless, with the use of force and with the assistance of the police they unplugged the consumer’s property from the distribution network at the beginning of the winter season (17 November 2011).
Due to the above illegal conduct of the EPCG, I submitted to the Basic Court in Podgorica a motion for temporary measures that was accepted by the court; thus ordering that EPCG to once again hook the consumer’s property to the distribution network and banning its further “debt collection” efforts. Nevertheless, this consumer’s property was left off the power grid for a full 40 days, from November 17 to December 27, 2011.
Unbelievably, the EPCG continues to violate court rulings and prohibitions, submitting to the same consumer in early 2012 another warning claiming that he had “used” €550 worth of electricity while he was illegally disconnected from the network.
Once again I wrote to the EPCG and received a response from them that an “error” had been made while entering the amount of electricity consumed for which they apologized. They also asked for the understanding of a citizen whose family they had left illegally in the dark for 40 days. EPCG officials never explained to me, however, how they are able to continue ignoring court rulings.
This example of an average Montenegrin citizen demonstrates that the EPCG is not only violating the rights of its customers, falsifying its books, failing to respect legally binding court rulings, but also boldly expects us to apologize to them for pointing out their violations of the law. In reality, it is our civic duty to publicly speak out about this, so that fewer people will have to pay the price of their mismanagement.
Veselin Radulovic, MANS lawyer
