How can citizens receive power outages?

Majid Qassim Kurdi, a lawyer and civil activist, told Mehr reporter about the damages caused by the power outage: Repeated and sometimes unnecessary power outages are sometimes a legal issue as many citizens, whether in homes or industrial activities, are harmed. While the regular payment of electricity bills by subscribers is a kind of contractual commitment, on the other hand, power distribution companies are also responsible for the continuous, high quality and safe service of this public service.

The main issue is that the damages are usually not a clear response from distribution companies, according to the lawyer. But the law is not silent.

The legal basis of the responsibility of the Electricity Distribution Company

He said: “From the legal point of view, the principles of civil liability, consumer rights, and even government financial policies, clearly clarify the duties of electricity companies to the disadvantaged.”
One Article 2 of the Civil Liability Act According to this Article, if a person, whether real or rights, causes harm to another, is obliged to compensate for the other. Therefore, if the power outage is due to or not the necessary prediction in the distribution company, the company must offset the damage. Another Article 2 of the Civil Code This Article provides: “Whoever waste the non -property is a guarantor.” In this sense, if the fluctuations or sudden cuts of electricity lead to the failure of electrical appliances or financial damage, the distribution company is obliged to offset it.

Qasim Kurdi, referring to the Consumer Protection Act (1) stated: In Article 1 The law, public service providers, including electricity companies, are required to provide high quality, safe and flawless services and offset damages if violated.

Payment of Electrical Damage Insurance; A commitment that is no longer denied

The lawyer said: “The point most citizens are unaware of but lies in the law and electricity bills is to pay a” electricity insurance “by subscribers. This amount is listed as “Thousand Rials of Insurance” in the bills, and under Article 5 of the Law on Incorporation of Some Materials into the Law on the Regulation of Government Financial Regulations (1), the Ministry of Energy is obliged to sign with insurers through subsidiaries and offset the financial and financial damage caused by electricity.

He added: According to paragraph (g) of Note 2 of the Budget Act and its Implementing Regulations, this insurance must be transferred to insurance companies in the form of bidding. So, citizens are not only spent on consumer, but they have also paid for compensation in advance. But the main question is whether this mechanism has been implemented and the citizens benefit from it?

The process of claiming damage; From the distribution company to the court

Qasim Kurdi said: To compensate the following steps need to be accurate and documented; The first step is to file a written complaint by providing damages (such as repair factor, technical report, photo, movie, etc.) to the Regional Electricity Distribution Company. According to Tavanir's internal regulations, it is mandatory to respond to these complaints. Second, in the event of disagreement or damages, the exact amount of damage must be done through the official expert of the judiciary, and finally, if a convincing answer is received, the citizen may submit a lawsuit to the General Court by citing civil liability law, civil law and Articles 1 and 2 of the Civil Procedure.

Referring to the legal exceptions to the responsibility of the Electricity Company, he said: It should be noted that in some cases the responsibility is deprived of the electricity company; Things such as floods, earthquakes or storms that are out of control of the company are not subject to responsibility, if there is no obligation to compensate if the definitive purpose is necessary and with the previous announcement. People have been paying insurance for damages for years, but transparency has been neglected about the mechanism of implementation. The silence of distribution companies and lack of information is a double failure.

The lawyer said: According to the law, citizens are not only entitled to claim damages or electricity fluctuations, but also on the basis of the payment of the insurance amount. Now is the time for electricity companies to fulfill their obligations, and the regulatory and judicial organizations are demanding the right of the people.

The civic activist said at the end: “The power outage is compensated if it is damaged; Whether with insurance or from the legal obligation of the company. The important thing is that people be aware, act documentary, and follow the legal path with will and awareness.