Help: Can you not pay the gas installation fee?

In view of the unreasonable basis of gas installation fee, I would like to briefly explain here: First of all, I want to tell you that the the State Council Order, that is, administrative regulations, is universal throughout the country. According to the spirit of Document No.585 of the National Development and Reform Commission, the cost of pipe network belongs to the supporting cost of urban infrastructure, and the developer has already paid it when purchasing the land. Otherwise, the planning and project establishment procedures cannot be handled according to the state regulations. By inquiring about one of the procedures of the Planning Bureau, it is clearly pointed out that the supporting fees for urban infrastructure should be paid when handling the planning permit for construction projects, that is to say, the supporting fees for public services such as heating, natural gas, water and electricity are not required.

The developer's charges are repeated charges, which is illegal. However, some developers, on the grounds of charging, pass on the community supporting fees related to the interests of gas companies and developers to the owners, in order to avoid the fact of repeated illegal charges and use the owners' money to meet the interests of developers and gas companies. This is a kind of fraud. It is absolutely impossible to forget to calculate the house price, because the developer certainly knows that the agreement in the purchase contract must be legal, the national law does not allow the gas account opening fee to be written into the contract, and the relevant auditing and administrative departments dare not approve it. Therefore, to evade the fact of illegal charges on the grounds of collection, and to legalize the charges as much as possible. The fact that the gas installation fee was not stated separately before buying the building in advance, but only after the key was turned over proves that this behavior has the nature of defrauding the owner of money.

I believe that some communities must have signed an agreement with the developer on the similar name of the gas installation fee charged by the gas company at the turn-key time. According to the spirit of Document No.585, Article 5: "Standardize the price behavior of monopoly enterprises. In the process of housing development and construction, the price behavior of monopoly enterprises such as gas, tap water, electricity, telephone, cable or cable TV (referred to as "two pipes and three lines") will be comprehensively rectified. The installation project of "two pipes and three lines" should break the monopoly and introduce competition. Real estate development enterprises should open tenders to the public and independently choose enterprises with corresponding qualifications to undertake installation projects; The required equipment and materials shall be purchased by the unit undertaking the installation project itself or by an intermediary agency. Provincial price departments should strengthen the management of "two pipes and three lines" material costs, installation engineering costs and other related prices, and standardize the price behavior of monopoly enterprises. Severely investigate and deal with the illegal price behaviors of monopoly enterprises in forcibly selling goods and services and charging fees. "Even if the gas company charges the so-called account opening fee, it is an illegal charge. According to Article 7 of the Contract Law of People's Republic of China (PRC), the parties concerned shall abide by laws and administrative regulations, respect social morality, and shall not disturb social and economic order or harm public interests. Article 52 A contract is invalid under any of the following circumstances:

(1) One party enters into a contract by means of fraud or coercion, which harms the interests of the state;

(2) Malicious collusion that harms the interests of the state, the collective or a third party;

(3) Covering up illegal purposes in a legal form;

(4) damaging the public interest;

(5) Violating the mandatory provisions of laws and administrative regulations.

According to Article 24 of the Law of People's Republic of China (PRC) on the Protection of Consumers' Rights and Interests, operators are not allowed to make unfair and unreasonable provisions to consumers by means of standard contracts, notices, statements, shop notices, etc. , or reduce or exempt its civil liability for harming the legitimate rights and interests of consumers. Format contracts, notices, reports, store notices, etc. If it contains the contents listed in the preceding paragraph, its contents are invalid.

According to the spirit of Document No.585 of the National Development and Reform Commission, Article 7: "Strengthen supervision and inspection. The people's governments of all provinces, autonomous regions and municipalities directly under the Central Government shall organize relevant departments such as price and finance to inspect the announced cancellation of fees and the reduction of fees. Those who do not cancel fees, reduce fees or continue to charge fees in disguised form according to regulations shall be given a heavier punishment in accordance with relevant regulations; In violation of the provisions on the administration of administrative fees and incomes from fines and confiscations, the relevant responsible persons shall be given administrative sanctions in accordance with the Interim Provisions on Administrative Punishment. The State Planning Commission and the Ministry of Finance will, together with relevant departments, conduct spot checks on the implementation of this notice in various places. " Local price departments have the obligation to resolutely ban and investigate illegal and unreasonable charges. In view of the statement that some gas companies stopped gas after reporting, this behavior is a serious extortion with monopoly nature. According to Article 18 of the Regulations on Urban Gas Management, gas operators shall not have the following acts:

(1) Refusing to supply gas to the units or individuals that meet the gas use conditions within the coverage of the municipal gas pipeline network; (6) Requiring gas users to purchase products designated by them or accept services provided by them;

Twenty-ninth gas users have the right to inquire about gas charges, services and other matters from gas operators, and gas operators shall give a reply within 5 working days from the date of receiving the inquiry application. Gas users have the right to complain about gas charges, services and other matters to the price departments, gas management departments and other relevant departments of the local people's governments at or above the county level, and the relevant departments shall deal with them within 15 working days from the date of receiving the complaint. Article 44 If, in violation of the provisions of these Regulations, the local people's governments at or above the county level, their gas management departments and other relevant departments fail to make administrative licensing decisions or handle approval documents according to law, and refuse to investigate and deal with violations or refuse to perform their duties according to the provisions of these Regulations, the directly responsible person in charge and other directly responsible personnel shall be punished according to law; If the behavior of the directly responsible person in charge and other directly responsible personnel constitutes a crime, criminal responsibility shall be investigated according to law.

Forty-sixth in violation of the provisions of this Ordinance, gas operators have one of the following acts, the gas management department shall order it to make corrections within a time limit and impose a fine of 6.5438+0 million yuan or more and 6.5438+0 million yuan or less; Illegal income, confiscate the illegal income; If the circumstances are serious, the gas business license shall be revoked; If losses are caused, it shall be liable for compensation according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law:

(1) Refusing to supply gas to the units or individuals that meet the gas use conditions within the coverage of the municipal gas pipeline network; (6) Requiring gas users to purchase products designated by them or accept services provided by them;

As well as other relevant laws and regulations, in view of this unreasonable behavior, the price and relevant departments need to strictly enforce the law, refund the "opening fee" of the community owners, standardize the fees to stabilize the market price, and let the people get the justice and notarization of the law. I also hope that the people can unite as one, pay attention to this issue, actively report it, fight for their legitimate rights and interests, and strive to improve their awareness of safeguarding rights.

People's Republic of China (PRC) price method

Fourteenth operators shall not have the following unfair price behavior:

(1) colluding with each other to manipulate market prices and harming the legitimate rights and interests of other business operators or consumers;

(2) In order to crowd out competitors or monopolize the market, dumping at a price lower than the cost, disrupting the normal production and operation order, and harming the interests of the state or the legitimate rights and interests of other operators, in addition to handling fresh goods, seasonal goods and overstocked goods at reduced prices according to law;

(3) fabricating and disseminating information about price increases, driving up prices, and driving up commodity prices too high;

(four) using false or misleading price means to trick consumers or other operators into trading with them;

(5) Providing the same goods or services and discriminating against other business operators on the same trading terms;

(6) buying or selling goods or providing services by raising or lowering the grade, etc., and raising or lowering the price in disguise;

(seven) profiteering in violation of laws and regulations;

(8) Other unfair price behaviors prohibited by laws and administrative regulations.

Chapter V Price Supervision and Inspection

Article 33 The competent price departments of the people's governments at or above the county level shall supervise and inspect price activities according to law, and impose administrative penalties on price violations in accordance with the provisions of this Law.

Thirty-fourth government departments in charge of price supervision and inspection, can exercise the following functions and powers:

Inquire about the parties concerned or relevant personnel and ask them to provide certification materials and other materials related to price violations;

(2) Inquiring and copying account books, bills, vouchers, documents and other materials related to price violations, and consulting bank materials related to price violations;

(three) to inspect the property related to price violations, and to order the parties to suspend the relevant business when necessary;

(four) in the case that the evidence may be lost or difficult to obtain later, it may be registered and preserved in advance according to law, and the parties or relevant personnel may not transfer, conceal or destroy it.

Thirty-ninth operators who do not implement government-guided prices, government-set prices, legal price intervention measures and emergency measures shall be ordered to make corrections, their illegal income shall be confiscated, and they may be fined not more than five times their illegal income; If there is no illegal income, a fine may be imposed; If the circumstances are serious, it shall be ordered to suspend business for rectification.

Article 40 A business operator who commits one of the acts listed in Article 14 of this Law shall be ordered to make corrections, his illegal income shall be confiscated, and he may also be fined not more than five times his illegal income. If there is no illegal income, it shall be given a warning and may be fined; If the circumstances are serious, it shall be ordered to suspend business for rectification, or its business license shall be revoked by the administrative department for industry and commerce. Where the relevant laws provide otherwise for the punishment of the acts listed in Article 14 of this Law and the punishment organ, the provisions of the relevant laws may be followed.