ZAKARPATGAZ ZBUT DENIED CUSTOMER TO PROVIDE THE CERTIFICATE FOR FILLING A RENT SUBSIDY
On 05/12/2016 the Zakarpattia regional department of the Antimonopoly Committee of Ukraine granted to TOV Zakarpatgaz Zbut compulsory recommendations to take steps against acts, which might be considered as a violation of the legislation on protection of the economic competition under paragraph 2 of Article 50, part 1 of Article 13 of the Law of Ukraine “On protection of the economic competition”. They submitted 10 days for the consideration of the recommendations.
Thus, as a result of technological features and conditions of state regulation of natural gas, from 01/07/2015 TOV Zakarpatgaz Zbut is the sole entity at the market of natural gas delivery at regulated tariffs within Zakarpattia Oblast.
On 25 October 2016 consumer Melnyk I. P. appealed to TOV Zakarpatgaz Zbut to receive the certificate of the volume and cost of actually consumed natural gas for filling of rent subsidies.
TOV Zakarpatgaz Zbut denied to provide this certificate to customer.
Under the request of the Zakarpattia regional department of the AMCU TOV Zakarpatgaz Zbut reported that consumer Melnyk I. P. was suggested to provide a single certificate for a household in which live two families, because the company wasn’t provided the documents that would confirm the existence of two addresses.
The regional department of the AMCU found
Rules of natural gas supply and Typical contract on the natural gas supply to residential consumers provide that the supplier of natural gas shall provide the information about their services, natural gas prices, the order of payment for the consumed natural gas, other information required by law in power and regulations, and information on the efficient use of natural gas to consumers.
Such information can be received by consumer for free.
So, TOV Zakarpatgaz Zbut illegally denied to provide the certificate of the volume and cost of actually consumed natural gas to consumer Melnyk I. P.
Such actions of TOV Zakarpatgaz Zbut have signs of the violation on protection of the economic competition under paragraph 2 of Article 50, part 1 of Article 13 of the Law of Ukraine “On protection of the economic competition” in the form of abuse of the monopoly (dominant) position at the market through actions which led to the infringement of the interests of the consumer, which would be impossible under the conditions of existence of significant competition in the market.
During the consideration of the complaint TOV Zakarpatgaz Zbut reported to the Zakarpattia regional department of the AMCU that Melnyk I. P. was provided with the certificate of the volume and cost of actually consumed natural gas.