After a heavy snow
The temperature in Shenyang has fallen off a cliff.
It’s cold to a new height today.
Laotiemen
Xiaobian wants to ask
Is the heating in your house hot?
It has been heating for more than a month now.
What’s the temperature in your house?
Anyway, Xiaobian received a lot of spit!
Many Shenyang people don’t have hot heating at home.
Have been reported to the heating company.
But the result is nothing.
Faults, pipeline aging, own problems
……
Heating companies always seem to have endless reasons.
To shirk responsibility
As if ordinary people really took them.
No way out
Nice try!
Mr. Wu, a resident of Huanggu District, Shenyang
Take the heating company to court.
The court ruled that the heating company
Return all residents’ heating costs to 2528 yuan.
Complain, self-test room temperature to win the lawsuit
Return the heating fee in full
Mr. Wu is a resident of Wusan Community in Huanggu District, with a housing area of 108.51 square meters. On October 14th, 2018, Mr. Wu paid the heating fee of RMB 2,528.28, and the heating period was from November 1st, 2018 to March 31st, 2019.
During the heating period, the temperature of Mr. Wu’s house was not up to standard. I don’t know how many times I found the heating company. Although the staff of the heating company came to visit and checked the heating facilities, they could not solve the problem of heating failure. Mr. Wu asked the heating company to carry out temperature measurement, and the employees of the heating company also came, but they refused to report the temperature measurement results to Mr. Wu.
Mr. Wu knew that the heating company would not provide it because he was afraid that residents would take this request to refund the heating fee, so he evaded his responsibility.
Mr. Wu measured the indoor temperature by himself on November 29th, December 7th-12th, 2018, January 3rd, 10th, 20th, 23rd, March 2nd and 31st, 2019, respectively, and all showed that the room temperature did not reach 16 degrees.
After paying the heating fee, Mr. Wu couldn’t enjoy the heating service. The more he thought about it, the angrier he became. He once asked the heating company for a refund, but the heating company disagreed. Therefore, Mr. Wu sued the heating company and demanded a full refund of the heating fee.
The court of first instance ordered the heating company to refund half of the heating fee.
The Huanggu District People’s Court held that, in accordance with Item (3) of Article 6 of the Provisions on Room Temperature Testing and Refund of Urban Heating Houses in Liaoning Province, the room temperature below 16℃ shall be refunded in full according to the number of days recognized, once failing to meet the standards, it shall be refunded in 2 days, twice failing to meet the standards, it shall be refunded in 10 days, and once failing to meet the standards, it shall be refunded in 30 days; If the heating period is not up to standard for more than 3 months, it will be deemed that the whole heating period is not up to standard, and the full refund will be made.
According to the actual number of days measured by residents, the heating company should refund 1,239 yuan, of which, in November 2018, the amount of refund for two days is 33.48 yuan (2,528.28 yuan ÷151 days ×2 days); If it failed to meet the standards for six times in December, the amount of refund for the whole month was 519.05 yuan (2528.28 yuan/151 days ×31 days); In January 2019, it failed to meet the standard for four times, and the amount of refund for the whole month was 519.05 yuan (2528.28 yuan ÷151 days ×31 days); In March 2019, it failed to meet the standard twice, and the amount of refund for 10 days was 167.43 yuan (2528.28 yuan ÷151 days ×10 days).
Neither Mr. Wu nor the heating company accepted the result and appealed to the Shenyang Intermediate People’s Court. Mr. Wu believes that the heating company should refund all the heating costs, while the heating company thinks that Mr. Wu’s home is not hot because he has changed the heating facilities, and his own temperature measurement is not standardized and does not meet the relevant regulations.
The Shenyang Intermediate People’s Court held that the heating company should bear the adverse consequences because it refused to show the temperature measurement results to the residents, and the court confirmed the facts advocated by the residents. In addition, the heating company has not provided evidence to prove that residents have changed their own heating facilities privately, and they should bear the adverse consequences of failing to provide evidence.
The court held that, combined with the temperature measurement records provided by the appellant and the records of complaints on Minxin. com, the court found that the indoor temperature of residents did not meet the required standards during the whole heating period from 2018 to 2019. According to the Regulations on Room Temperature Testing and Refund of Urban Heating Houses in Liaoning Province, the heating company should fully refund the heating costs of residents.
The heating company said that the residents’ temperature measurement method was wrong.
The court of second instance ordered a full refund.
Neither Mr. Wu nor the heating company accepted the result and appealed to the Shenyang Intermediate People’s Court. Mr. Wu believes that the heating company should refund all the heating costs, while the heating company thinks that Mr. Wu’s home is not hot because he has changed the heating facilities, and his own temperature measurement is not standardized and does not meet the relevant regulations.
The Shenyang Intermediate People’s Court held that the heating company should bear the adverse consequences because it refused to show the temperature measurement results to the residents, and the court confirmed the facts advocated by the residents. In addition, the heating company has not provided evidence to prove that residents have changed their own heating facilities privately, and they should bear the adverse consequences of failing to provide evidence.
The court held that, combined with the temperature measurement records provided by the appellant and the records of complaints on Minxin. com, the court found that the indoor temperature of residents did not meet the required standards during the whole heating period from 2018 to 2019. According to the Regulations on Room Temperature Testing and Refund of Urban Heating Houses in Liaoning Province, the heating company should fully refund the heating costs of residents.
Now it has entered the cold winter,
Is the heating in your home up to standard?
Ask the heating company to measure the temperature,
But the heating company always doesn’t come for various reasons.
……
What should I do in this situation?
Want to protect their legitimate rights and interests through the law.
But how to get the evidence,
What kind of evidence can help us win the lawsuit?
Here is another important case.
For your reference
The room temperature in the writing room is not up to standard for five years.
There is still a saying that the heating company does not act.
Residents take the community property certificate to sue for 30% heating fee.
Ms. Jin, a resident of Shenyang, has a 52.29-square-meter commercial and residential office in Jinqiao Road, Dadong District. The heating problem has always puzzled Ms. Jin’s family. Ms. Jin said that since she moved in in 2011, the indoor temperature has never reached 18 degrees, and she has been looking for a heating company every year. The heating company has been unable to solve it, and she has to use electric heaters and air conditioners to keep warm.
Ms. Jin said that the heating company said that the temperature was not up to standard because the developer failed to build the building. Let’s go to the developer to solve it. We formed a heating contract with the heating company, so it should be solved by the heating company. Ms. Jin complained to the community and the property company, asking for help, but failed to solve it.
In the case that the heating company has not solved it for a long time, Ms. Jin can’t bear it any longer. She sued the heating company and demanded a refund of the heating fee of 8,361 yuan in the past five years. Ms. Jin provided the court with the "Description of the Situation" issued by her community and property management company, which proved that the heating of the building where she lived was not up to standard.
The heating company argued that Ms. Jin said that the room temperature was not up to standard after check-in, and she should ask the relevant department for temperature measurement. She did not ask the relevant department for temperature measurement, but she said that there was no legal basis for not meeting the standard. In addition, she said that she had looked for a heating company, and the heating company wouldn’t take temperature measurement, so she should look for a higher level to take temperature measurement.
The Dadong District People’s Court found that in the heating fee, many residents in the building where Ms. Jin is located reported that the indoor temperature was between 8 degrees and 12 degrees. Ms. Jin has repeatedly visited property companies and communities to reflect the problem that the heating temperature is not up to standard, which has not been solved.
The court held that after the plaintiff paid the heating fee to the defendant, the two parties formed a contract relationship for supplying heat. The defendant should make the heating temperature reach the specified standard according to the relevant regulations of Shenyang Municipal Government. Although the temperature of the plaintiff’s house was not measured during the heating period, the certificates of several households and the information of the property company and community where the community is located can prove that the heating temperature of the defendant did have certain problems during the heating period.
According to the evidence provided by both parties and the actual situation of this case, in line with the principle of fairness and reasonableness, it is discretionary that the heating fee refunded by the defendant should be returned to 30% of 8361 yuan, that is, 2508.3 yuan.
After the verdict, the heating company refused to accept the appeal, saying that Ms. Jin changed the purpose of the house and used the commercial house as a bedroom, and the indoor temperature she mentioned was not tested by the relevant departments, which was insufficient evidence. In addition, the heating temperature of Ms. Jin’s house is not up to standard, which is a problem of building design or construction materials and needs judicial appraisal by relevant departments.
The Shenyang Intermediate People’s Court held that Ms. Jin provided the court with the "Description of the Situation" issued by her community and the property management company to prove that the heating was not up to standard, and the heating company had no objection, so it was determined that the room temperature reflected by Ms. Jin was not up to standard.
According to the heating situation of the heating company, the court of first instance ruled that it was not improper to refund 30% of the heating fee paid by Ms. Jin. In the end, the Shenyang Intermediate People’s Court rejected the appeal and upheld the original judgment.
Related links:
Five steps to refund if the temperature is not up to standard.
When the heating at home is not up to standard, citizens can first ask the heating company, district heating office and other departments to solve it. If they still can’t solve it, they can apply to the heating company for temperature measurement.
The "temperature measurement refund" is mainly divided into five steps: applying for temperature measurement → measuring the temperature for the first time → confirming the result → re-measuring the dispute → entrusting a third party to measure the temperature.
1, the heating unit after receiving the user’s request, unless there are special circumstances such as emergency repair, must be implemented within 2 hours home temperature measurement. If you can’t measure the temperature on time, you must explain the situation to the user and make another appointment with him. If the user asks for temperature measurement more than twice, and the heating unit fails to measure the temperature at home on time, the user can report the situation to the district heating office, and the district heating office will supervise the heating unit. If the heating unit fails to measure the temperature without justifiable reasons, it will directly enter the disputed retest step.
2, heating unit staff to the heat user’s home temperature measurement, home must show their certificates. When testing, the name and number of the testing thermometer should be registered, the verification certificate of measuring instruments should be produced, and the testing data and temperature measuring time should be recorded. Moreover, the method of household temperature measurement of heating units should also meet the requirements of relevant measurement technical specifications.
3, heating unit staff should be in the presence of heat users, fill in the test registration form, in duplicate. It must be confirmed and signed by both parties, each holding one copy.
4. If the heat user is controversial about the first temperature measurement of the heating unit or the heating unit fails to measure the temperature without justifiable reasons, the district heating office will measure the temperature of the user. However, the staff of the relevant heating units must be present and provide convenient conditions. The test results shall be subject to the joint confirmation of users and district heating office.
5. If the room temperature of relatively concentrated users fails to meet the standard, the municipal and district heating office may entrust a third party (Shenyang Metrology and Testing Institute) to measure the temperature of the whole building or local areas. The municipal and district heating offices will use the data of the third-party test report as the basis for instructing the relevant heating units to refund the fees to users.
Refund standard:
If the room temperature is not up to standard due to the heating unit, the fee will be refunded once in 2 days, twice in 10 days, three times in one month in 30 days, and the fee will be refunded in full if it exceeds 3 months.
Detection method:
According to the "Regulations", when the temperature of bedrooms and living rooms of residential houses with hot users is not up to standard, they should first report to the local heating unit for repair. If the heating unit still fails to meet the standard after rectification once, they can apply to the heating unit for temperature measurement.
The heating unit shall carry out temperature measurement at home within 2 to 4 hours or according to the temperature measurement time agreed with the heat users.
Time limit for processing:
Within 1 month after the end of the heating period, the user shall go to the heating unit to handle the refund formalities with the Room Temperature Testing Record Sheet or the Room Temperature Testing Report and Receipt issued by the legal metrological testing institution.
How to handle the refund:
Formula of refund amount: refund amount = total payment ÷ heating period days × substandard days × refund ratio.
In case of extreme weather exceeding the design standard of heating facilities and force majeure such as natural disasters, water cut-off and power cut-off, etc., the heating unit can’t heat normally and the room temperature is not up to standard, and the fee will not be refunded.
The specific amount of refund depends on the situation
In particular, a temperature measurement result of the same user represents the room temperature on the day of temperature measurement and two days before. If the same user applies for temperature measurement for many times, the heating unit should have a reasonable interval for each temperature measurement and conduct temperature measurement at different time periods. If the temperature measurement fails to meet the standard for three times in the month (calculated by the average value of each temperature measurement), it will be regarded as the confirmation basis for the room temperature failure for one month.
Shenyang evening news, Shen Bao Rong Media reporter Wang Lijun
Editor of New Media Center of Shenyang Daily: Ren Zijian