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How to sue the property for not turning on water and electricity?
The Civil Procedure Law only allows the relevant securities issuing departments to cooperate with the court to handle the relevant transfer procedures, and those who have registered for the record cannot handle the transfer of property rights. The third person only registered the contract for the record, but did not apply for the title certificate.
The following examples are for reference:
On July 20 12, Ms. Guan signed the Early Property Service Agreement with a property management company, stipulating that the property management company agreed to provide it, and Ms. Guan agreed to accept the property management services provided by the property management company for Room No.1. 40 1, in which the agreement stipulates the property service fee and payment method to be borne by Ms. Guan:
The construction area is 0.30 yuan/m2/month, from the handover date determined in the handover notice to 65438+February 3 1 of the following year. At the same time, the agreement also stipulates: "After the delivery of the house (commercial house), if any water meter or electric meter has been relocated, renovated or moved in, the property service fee will be charged in full according to the charging standard; If the property service company and the owner (user) confirm that the water and electricity meter does not move, the property service fee is 50% of the charging standard.
When the developer delivered the house to Ms. Guan, the water and electricity were connected. Because the house is not decorated and vacant, the water and electricity valves are usually closed. At the beginning of 20 18, Ms. Guan planned to sell the house 40 1.
On June 18 and 10, Ms. Guan took the person who was going to buy Room 402 to the property office and asked the property management company to connect the water and electricity of Room 40/kloc-0, but the property management company refused. Later, the staff of the property management company said that the water and electricity can be turned on temporarily, but it should be turned off at night. But in the end, the property management company did not really connect the water and electricity valve for Ms. Guan.
That evening, due to the need to carry a lot of decoration materials to Room 402, Ms. Guan asked the staff of the property management company to turn on the power of the house involved. The staff of the property management company refused her request on the grounds that Ms. Guan had left work, which led to the intensification of contradictions between the two sides. Ms. Guan sued the court in anger.
Ms. Guan believes that the property company cannot use the house due to unauthorized water and electricity cuts, and the direct economic losses caused by it should be compensated with reference to the losses caused by the developer's failure to deliver the house or overdue delivery. At the same time, the property company is required to compensate the property fees and utility fees during the period of stopping power supply and water supply.
The property company believes that Ms. Guan did not go through the decoration procedures when decorating the house, which violated the previous agreement on property services and could not be renovated, so she did not connect the power supply to Ms. Guan that day. However, the property management company opened the water and electricity valve in Room 402 for Ms. Guan on 18 after receiving the copy of the court complaint and summons, and said that it would not close it again.
After trial, the court held that:
If the actor infringes upon the civil rights and interests of others due to his fault, he shall bear the tort liability.
Both parties have no objection to the fact that Ms. Guan Ying, the property management company, failed to turn on the water and electricity valve of No.401after asking for it in June 18, and the property management company only turned on the water and electricity valve of No.4017 in July 18, which was confirmed by the court.
Property management company is a property service enterprise in residential quarters. 40 1, taking measures to cut off water and electricity to all the houses owned by Ms. Guan without authorization, which caused Ms. Guan to be unable to use her house normally, infringing on Ms. Guan's property rights, and should compensate Ms. Guan for the losses she suffered because she could not use her house during this period.
The property management company argued that Ms. Guan did not inform in writing before the renovation, and closed the water and electricity valve to stop Ms. Guan from illegally decorating, so she did not open the water and electricity valve in Room 40 1.
In this regard, the court held that even if Ms. Guan did not inform the defendant of the renovation in oral or written form before the renovation of Room No. 40 1, or there are other violations of the decoration regulations, the property management company can report to the relevant administrative departments, which will handle it according to law, and the property management company cannot implement water and electricity cuts on this ground.
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