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Property is not allowed to install charging piles? Court verdict
What should I do if charging piles are not allowed to be installed in residential parking lots?
In recent days
A court in Chongqing ruled that
Take a clear attitude
The application for installing charging piles was rejected.
I'm embarrassed to buy a new energy car.
2065438+September 2009
Mr. Fan from Chongqing "likes to mention" new energy vehicles.
Yinzijia community jiangjin district aobei academy No.1 yuan
There are no charging piles in the parking lot.
Mr. Fan applied to China-Hong Kong Property Company.
Agree to install certificate
But Mr. Fan didn't expect
There are potential safety hazards in the charging pile of Ganghua Property Company.
There is no agreement in the property service contract.
Refuse for the following reasons
Helpless under
In the same year, 65438+1October, 65438+April.
Mr. Fan Jiang Hua Gang Property Management Company
Bring a lawsuit to the People's Court of jiangjin district.
Request to order the company to issue a consent form
So that the power supply department can install charging piles in parking spaces.
court decision
The property should cooperate with the installation of relevant infrastructure.
In the same year 165438+ 10/0/1.
When the court heard the case,
China-Hong Kong Property Company argued that
It is not safe to install charging piles in the garage.
Moreover, it is necessary to set up a special line to install charging piles.
It shall be signed and agreed by all the owners.
The company will open public parking spaces.
Unified installation of charging piles
The court held that:
Mr. Fan signed the Parking Space Property Management Service Agreement with China-Hong Kong Property Management Company, which is a contractual relationship of property services. The determination of service content should be based on agreement and combined with the principle of good faith. Vigorously developing electric vehicles is of great significance for ensuring energy security, promoting energy conservation and emission reduction, and preventing air pollution. The construction of charging facilities is an important measure for the application and promotion of electric vehicles. The relevant departmental rules and administrative regulations issued by the relevant ministries and commissions of the state and the relevant departments of Chongqing require property service enterprises to cooperate and provide convenience in the construction of charging facilities.
According to Article 4 of the Parking Property Management Service Agreement signed by the original defendant and the defendant, matters not covered in this agreement shall be implemented in accordance with relevant national laws, regulations and rules. When Mr. Fan applies for installing charging piles in his own parking space, he needs a certificate from the residential property service enterprise according to the requirements of the power supply enterprise. This "certificate" is included in Article 4 of the above agreement, which belongs to the contractual obligations that China-Hong Kong Property Company should perform.
-Relevant regulations-
On July 25th, 20 16, the National Development and Reform Commission, the National Energy Administration, the Ministry of Industry and Information Technology and the Ministry of Housing and Urban-Rural Development issued the Notice on Accelerating the Construction of Electric Vehicle Charging Infrastructure in Residential Areas, in which Article 6 stipulated: Give full play to the positive role of property service enterprises. During the installation of charging infrastructure in residential areas, the realty service enterprise shall cooperate with the owners or the construction units entrusted by them, provide relevant drawings and materials in a timely manner, and actively cooperate and assist in on-site investigation and assistance.
On February 4, 20 18, Chongqing Municipal People's Government issued "Policies and Measures for Chongqing to Support the Promotion and Application of New Energy Vehicles (20 18-2022)", stipulating that social enterprises and community owners' committees should actively participate in the construction of charging facilities or provide convenience; Question 5: Property service enterprises should support and cooperate with owners or users in the construction of self-use charging piles in Chongqing issued by Chongqing Energy Bureau and Chongqing Housing and Urban-Rural Development Committee on May 23, 20 19.
Accordingly, the court ruled in the first instance on June 5438+1October 65438+April this year that the property management company immediately issued a certificate to Mr. Fan agreeing to install charging piles in his parking space after the judgment came into effect.
It is understood that
March 65438, 2009
China-Hong Kong property management company finally
Sign and seal the consent form
In recent days
Mr. Fan used charging piles.
Produced by China Consumer News New Media Editorial Department.
Source/China Consumer News China Consumer Network
Editor/Pei Ying
Producer/He Yongpeng Tian
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