Gas meter examination: is it possible to order an independent inspection and challenge the accrued fine?

Interaction with inspection authorities is often difficult to call a pleasant event.And even a standard inspection of the meter by gas service workers can result in painful paperwork or even a fine. Do you agree?

Increasingly, there are cases in which city gas representatives make unfair decisions, obliging subscribers to pay an impressive amount of recovery. It is in such situations that the user may need a gas meter examination performed by an independent accredited entity. The conclusion issued by the expert can be the only confirmation of the subscriber’s good faith and prove the unfoundedness of the gas service’s claims.

In this material we will talk about where to do an unscheduled examination of a flow meter, how to challenge the actions of a service provider and get rid of a fine.

The need for an independent examination

A gas meter, like any other metering device, must periodically undergo scheduled inspections. In addition to the current inspection, an unscheduled inspection is also provided, which must be carried out before commissioning new gas equipment or after repairing previously installed equipment.

During the operation check, the metering device is inspected for external interference and damage, the integrity of the factory and seals installed by the service. Additionally, the survey can reveal facts about the impact of various devices that allow you to adjust the actual indicators of fuel consumption in favor of the subscriber.

In order to confirm the serviceability of the meter and make sure that the gas metering is correct, the device is dismantled by a service representative and sent for an official inspection, for which a corresponding report is drawn up.

Some types of gas meters can be tested at home without dismantling. To examine such devices, special mobile diagnostic devices are used.

Alas, but exactly inspection without dismantling the household meter may not pass through. And the identification of any other violations during the initial inspection may subject even a conscientious subscriber to unwanted sanctions.

An independent technical and metrological examination helps to defend your rights and challenge the actions of gas workers.

During the examination, the user will be able to prove the most important facts confirming his innocence of the alleged violations:

• absence of outside interference in the design of the accounting device;
• the performance of the meter and the correctness of the data it provides.

Experts can additionally conduct studies regarding the influence of the magnetic field on the device and determine the level of residual magnetization. A conclusion of this kind can be the main evidence that the subscriber did not try to influence the meter from the outside for selfish purposes.

The results of the examination can be used both in pre-trial and judicial disputes. In some situations, a specialist’s opinion helps not to start litigation at all and immediately challenge the actions of the gas distribution organization. So, for example, if the user has a suspicion that the meter runs a lot — records an unreasonably large number of cubic meters of gas consumed.This may become a reason for conducting an independent examination, the results of which will help to immediately challenge the unreasonably large amount of charges.

If specialists are hired to conduct an independent examination of the meter if it is suspected that it is running a lot, as in other cases, the subscriber will have to pay for their services at his own expense

Reports provided by an expert organization are significant evidence in court and can be considered by regulatory or law enforcement authorities in the process of resolving disputes between a service organization or service provider and the end consumer.

Who can conduct an alternative examination?

Now let’s talk about where you can do an unscheduled examination of a gas meter. Thus, only organizations that have permission to provide such services can carry out an independent examination of a household gas meter. They carry out both visual diagnostics of the device and bench testing of the meter using special equipment. Such measures make it possible to determine the ability of the unit to take into account the volumes of fuel consumed within the permissible error.

Option #1 - center for standardization and metrology

You can order an objective assessment of the meter at the nearest standardization and metrology center.

Often this is a federal budgetary organization, but the user will have to pay for its services independently.

Option #2 - gas meter manufacturer

In some cases, the subscriber can officially contact directly representatives of the manufacturer that produced the meter.To do this, you need to send a letter of request, after which you can submit the node for verification.

Specialists from the manufacturer’s staff will be able to officially confirm or deny certain facts regarding the condition and functioning of the metering device

However, such an assessment can be extremely time-consuming and cost-ineffective.

Option #3 - private company with special permission

In addition to the state verifier and the manufacturer, private firms with the appropriate license and approval can also conduct an examination.

In almost every major city there are special centers that help consumers verify the serviceability of the meter.

How to challenge the sanctions imposed by Gorgaz?

First of all, you need to be prepared for the fact that you definitely cannot do without the help of a qualified lawyer specializing in such cases. There is no universal solution for challenging violations by a gas supplier, since, from the point of view of legal practice, each case is unique and requires an individual approach.

Many subscribers who find themselves in a difficult situation are frightened by the potential costs associated with paying for the services of a lawyer and an independent expert assessing the meter. The legal costs themselves can cost a significant amount. However, if the court decides positively in favor of the end consumer, all these costs can be compensated by the gas distribution company, which will be the defendant in the case. It is only necessary to put forward these requirements in advance in the statement of claim.

Additionally, it is important to understand that the subscriber’s signing of an act of carrying out any work or identifying damage to the meter is considered as the user’s agreement with the facts described in the document.

Therefore, before signing any documents, you need to carefully read their contents and, if inconsistencies are identified, write about your disagreement with the information contained in the document

Often, all controversial situations with the gas supplier are resolved in court. However, it is necessary to understand that the act itself is not disputed in this instance. It only officially confirms the fact of the offense that occurred and was recorded.

In simple words, the act is an argument in favor of the company providing the fuel, and the result of an independent examination of the meter is an appealing argument on the part of the consumer. Therefore, in order to go to court, in addition to a well-drafted statement of claim, it is necessary to obtain written explanations from Gorgaz. In each individual situation these may be completely different documents.

For example, when trying to challenge a large surcharge for the use of fuel billed for the period of the last 6 months before the day the violation was discovered, you must request in writing from the supplier an explanation of the stated amount and an explanation on what basis the recalculation was made. The received document can already be attached to the statement of claim, since it highlights the actions of the supplier, which may be unlawful.

If Gorgaz refuses to provide a transcript, you can re-request the document by writing an application for recalculation of the debt. It must be drawn up in two copies, one of which must remain with the subscriber.The representative of the gas distribution company must record the date of receipt of the application on the user’s copy. Within the next ten days, the supplier is obliged to send a detailed response to the consumer.

Until the case goes to court, it is important to provide the city gas company with your claims in writing. The company's official response can be used as evidence in court

If the supplier does not respond to complaints or continues to act unlawfully, it is appropriate to file appropriate complaints with the local housing inspectorate, Rospotrebnadzor, or even the prosecutor's office.

However, the decisive word will be the court, which, based on the results of an independent examination of the gas meter, will be able to cancel the collection of the fine and oblige the gas distribution company to make a new recalculation of the debt.

We also recommend that you familiarize yourself with what types of fines for gas meter, with the reasons for their imposition and the amounts of penalties.

Conclusions and useful video on the topic

In the video below, a representative of an organization providing services for the examination of metering devices examines in detail a real and fairly common situation in which an independent assessment of the condition and operation of a gas meter may be required:

The author of the following video shares his opinion on the advisability of purchasing a new meter or checking an old device:

A detailed disassembly of a gas meter that did not pass the scheduled verification was shown by a master. The specialist considers the methods that unscrupulous inspectors can use to render the accounting unit unusable:

A competent approach and legal knowledge help the subscriber in most controversial situations.Having the results of an independent examination in hand, the consumer can confidently defend their interests and hope for a fair court decision. But it is important for each owner of metering devices to personally monitor the progress of the meter inspection and not sign acts of dubious content. Persistence, knowledge and understanding of the law will protect you from the arbitrariness of the supplier and will allow you to avoid receiving a potential fine.

Do you still have questions about conducting an independent examination or would you like to supplement the information presented above with useful information and facts? You can ask questions to our experts and express your opinion in the comments block located below this article.