The Arbitration Court of the Sverdlovsk Region in December 2015 considered case No.A60-47501 / 2015, in which the electricity supplier EnergosbyT Plus OJSC was unable to prove to the antimonopoly authority and courts the fact of proper notification on e-mail about the upcoming power outage. The price of the issue is a fine of over 737 thousand rubles.
The vendor submitted a Microsoft Outlook email (subject: "Relayed: Dog Limit Notification 60825") as proof of delivery indicating that delivery to recipients or groups was completed - but the destination server did not send a DSN. On this basis, the court concluded that there were no facts of receipt or evasion by the applicant of the notification, and there was no evidence of its delivery.
The essence of the dispute
In January 2015, EnergosbyT Plus, JSC switched off the electricity in apartment buildings. Society LLC “Management Company“ Constanta Plus ”filed a complaint with the Office of the Federal Antimonopoly Service for the Sverdlovsk Region.
In September 2015, the FAS Department recognized the fact of violation by the company of the procedure for introducing restrictions on the consumption of electric energy, in terms of proper notification of the consumer, and on September 24, 2015, the company was brought to justice in the form of an administrative fine (part 1 of article 14.31 of the Administrative Code offenses) in the amount of more than 737 thousand rubles.
Disagreeing with this decision, JSC EnergosbyT Plus filed a claim with the arbitration court.
Position of the Arbitration Court of the Sverdlovsk Region
In April 2013, EnergosbyT Plus OJSC and Constanta Plus Management Company LLC entered into an energy supply agreement, under which the power supply objects were apartment buildings managed by the company.
In connection with the arising of a debt under the contract, the supplier in January 2015 sent a notification with the requirement to pay it off and on the planned introduction of a restriction on the power consumption regime in case of non-payment, planned from January 26, 2015. On January 26-29, 2015, from 10 to 14 hours, the supply of electricity was limited, about which acts were drawn up.
In connection with the partial payment of the debt, the management company was informed about the expected time of restoration of the mode of consumption of electric energy (power) from 14:00 on January 30, 2015.
The court noted that the "Rules for the complete and (or) partial limitation of the mode of consumption of electrical energy", approved by the Decree of the Government of the Russian Federation dated 04.05.2012 No. 442, establish a mandatory prior written notification of the consumer about the planned introduction of the restriction of the consumption mode (which is signed by the initiator of the organization and handed over to the consumer against receipt or sent by registered mail with acknowledgment of receipt, unless another method of notification is provided for by the energy supply contract).
According to clause 2.1.2 of the power supply agreement, the notification of the restriction of the consumption regime must be sent in any of the following ways: by e-mail, fax, telegram, teletype message, telephone message, postal mail, or delivered directly against receipt.
The supplier in his explanations referred to paragraph 1 of Article 165.1. Of the Civil Code of the Russian Federation (Civil Code of the Russian Federation), according to which statements, notifications, notices, demands or other legally significant messages with which a law or a transaction links civil consequences for another person, entail such consequences for this person from the moment the message is delivered to him or to his representative.
A message is considered delivered even if it was received by the person to whom it was sent, but due to circumstances depending on him, it was not delivered to him or the addressee did not familiarize himself with it.
According to clause 65 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of 06/23/2015 No. 25 "On the application by the courts of certain provisions of Section I of the first part of the Civil Code of the Russian Federation", unless otherwise provided by law or contract and follows from the custom or practice established in the relationship of the parties, legally a significant message can be sent, including by means of e-mail, facsimile and other communication, carried out in a different form corresponding to the nature of the message and the relationship, information about which is contained in it, when it is possible to reliably establish from whom it came and to whom it was addressed (for example, in the form of posting information for the participants of this company on the website of a business company on the Internet, in the form of placing information on a general meeting of owners of premises in an apartment building on a special stand, etc.).
The burden of proof of the fact of sending the message and its delivery to the addressee lies with the person who sent it.
The addressee bears the risk of not receiving the received correspondence. If a legally significant message contains information about a unilateral transaction, then if it is not delivered due to circumstances depending on the addressee, it is considered that the content of the message was perceived by him, and the transaction entailed the corresponding consequences (for example, the contract is considered terminated due to a unilateral refusal to execute it) ...
The notification on the restriction of the consumption regime was sent on January 15, 2015 to the management company in accordance with clause 2.1.2 of the contract by e-mail to the address indicated in the application for concluding the contract in 2013.
The vendor advised that a Microsoft Outlook email dated January 15, 2015 confirmed that the delivery was completed.
In doing so, it was found that the Microsoft Outlook email (subject: "Relayed: Dog Limit Notification 60825") referenced by the vendor indicated delivery to recipients or groups was completed, but the destination server did not send DSNs. On this basis, the court concluded that there is no evidence of receipt or evasion of receipt by the applicant of the notification, and there is no evidence of its delivery.
According to the court, the company EnergosbyT Plus, OJSC, not making sure that LLC MC Constanta Plus had received a notification, introduced a partial (from 10-00 to 14-00) limitation of the regime of consumption of electricity under management on January 26-29, 2015 LLC "UK" Constanta plus "apartment buildings.
In such circumstances, the court found that the decision of the antimonopoly authority was lawful and reasonable.
The Arbitration Court denied the company to satisfy the stated requirements.
Seventeenth Arbitration Court of Appeal in April 2016, he upheld the decision of the Arbitration Court of the Sverdlovsk Region, the appeal of EnergosbyT Plus LLC was dismissed.
Arbitration Court of the Ural Districtin August 2016, he upheld the decision of the Arbitration Court of the Sverdlovsk Region and the decision of the Seventeenth Arbitration Court of Appeal, and the cassation appeal of EnergosbyT Plus OJSC was dismissed.
Electronic registered letters (EZL) is a service that will allow anyone who wants to refuse to receive paper notifications and start receiving legally significant letters in electronic form. So far, the following messages can be received in electronic form:
- Resolutions on violations in the field of traffic in Moscow, St. Petersburg, Khanty-Mansi Autonomous Okrug, Belgorod, Volgograd, Vladimir, EAO, Leningrad, Moscow, Kaliningrad, Kemerovo, Kirov, Orenburg, Rostov, Ryazan, Samara, Saratov, Sverdlovsk, Tverskaya , Ulyanovsk, Yaroslavl regions, in Kamchatka, Krasnoyarsk and Perm regions, in the Republics of Buryatia, Karelia, Komi, Mordovia and Udmurtia;
- Resolutions on the initiation of enforcement proceedings in Moscow, St. Petersburg, Astrakhan, Bryansk, Vladimir, Volgograd, Vologda, Kirov, Kostroma, Kurgan, Moscow, Orenburg, Penza, Rostov, Sakhalin, Sverdlovsk, Smolensk, Tambov, Tomsk, Ulyanovsk and Chelyabinsk regions , in the Trans-Baikal and Krasnodar Territories, in the Republics of Adygea, Altai, Bashkortostan, Karelia, Mari El, Mordovia, Sakha (Yakutia), North Ossetia, Tatarstan, Tyva, Udmurtia, Khakassia and Chuvashia;
- Summons of the justices of the peace of the city of Moscow;
- Resolutions from the Central MUGADN on administrative offenses under the state system "Platon" throughout Russia;
- Notifications from the Pension Fund of the Russian Federation in the Tver region and the Republic of Buryatia;
- Notifications of the Moscow City Property Department;
- Resolutions of the Administrative Commissions of Kazan;
- Notifications to the Administration of Yuzhno-Sakhalinsk;
- Notifications from other government agencies in St. Petersburg, Sverdlovsk and Irkutsk regions;
- Notifications from legal entities in Moscow, Novosibirsk and Nizhny Novgorod regions, in the Republics of Mordovia and Udmurtia.
Benefits when connecting to the service:
- delivery guarantee;
- instant receipt;
- the possibility of paying with a discount;
- legal significance of the letter, similar to paper;
- sms notification.
Connecting to the service is absolutely free and not obligatory - citizens have the right to choose how to receive documents addressed to them. If the addressee is not able to receive letters in electronic form, such letters printed and delivered in the usual wayin the manner prescribed by law.
Register now, and even if senders from your region haven't connected yet, as soon as they appear - you will automatically start receiving emails in electronic form.
Also, any registered user has the opportunity to send a certified letter to government agencies, organizations and individuals from personal account and through mobile app Russian Post.
To track your parcel, you need to take a few simple steps.
1. Go to the home page
2. Enter the track code in the field with the heading "Track mailing"
3. Click on the "Track your package" button located to the right of the field.
4. After a few seconds, the tracking result is displayed.
5. Study the result, and especially carefully the last status.
6. The projected delivery period, displayed in the track code information.
Try it, it's not difficult;)
If you do not understand the movement between postal companies, click on the link with the text "Group by company", which is located under the tracking statuses.
If you have any difficulties with statuses in English, click on the link with the text "Translate into Russian", which is located under the tracking statuses.
Carefully read the section "Information about the track code", there you will find approximate delivery times and other useful information.
If, during tracking, a block is displayed in a red frame with the heading "Pay Attention!", Carefully read everything that is written in it.
In these information blocks, you will find 90% of the answers to all your questions.
If in the "Pay Attention!" it is written that the track code is not tracked in the country of destination, in this case, tracking the parcel becomes impossible after the parcel is sent to the country of destination / after arriving at the Moscow Distribution Center / Item Arrived at Pulkovo / Arrived at Pulkovo / Left Luxembourg / Left Helsinki / Sending to the Russian Federation or after a long pause of 1 - 2 weeks, it is impossible to track the location of the parcel. Nothing, and nowhere. No way at all \u003d)
In this case, you need to wait for a notification from your post office.
To calculate the delivery time within Russia (for example, after export, from Moscow to your city), use the "Delivery Control Time Calculator"
If the seller promised that the package would arrive in two weeks, and the package travels for more than two weeks, this is normal, the sellers are interested in sales, and therefore they are misleading.
If less than 7-14 days have passed since the receipt of the track code, and the parcel is not tracked, or the seller claims to have sent the parcel, and the status of the parcel "the item pre-advised" / "Received email notification" does not change for several days, this is normal, you can read more by clicking on the link:.
If the status of a postal item does not change for 7 - 20 days, do not worry, this is normal for international postal items.
If your previous orders arrived in 2-3 weeks, and a new package has been traveling for more than a month, this is normal, because parcels go on different routes, different ways, can wait for sending by plane for 1 day, or maybe a week.
If the parcel has left the sorting center, customs, intermediate point and there are no new statuses within 7 - 20 days, do not worry, the parcel is not a courier who carries the parcel from one city to your home. In order for a new status to appear, the parcel must arrive, unload, scan, etc. at the next sorting point or post office, and this takes much more time than just getting from one city to another.
If you do not understand the meaning of such statuses as Acceptance / Export / Import / Arrived at the place of delivery, etc., you can see the decoding of the main statuses of international mail:
If, 5 days before the end of the protection period, the parcel is not delivered to your post office, you have the right to open a dispute.
If, based on the above, you do not understand anything, read this instruction again, and again, until you are completely enlightened;)
At the moment, in China and around the world, the coronavirus is actively spreading, for this reason air exchange and delivery are severely limited parcels goes slower than usual, but as of March 1, 2020, postal exchange has not been (completely) suspended with any of the countries.
Do not worry if the status of the mailing / order does not change for 1-2 weeks and is in the following state:
- Treatment
- Awaiting dispatch
- Shipped to destination country
- Export / Export international mail
- Import / Import of international mail
While the protection is in effect, wait and do not worry, if the order is not in a hurry, you can even extend the protection period.
Keep an eye on the order protection counter, and if the parcel does not arrive within the time specified in the order details, extend the protection period or open a dispute.
P.S. Anything to add to this section? Write to [email protected]website
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If you are an active buyer of Aliexpress, then you have probably already come across the fact that some track numbers begin to be tracked from the status "Electronic Dispatch Notice"... It sounds in English. What does this status mean? How long can it not change? We will now give answers to these questions.
What does the status of the parcel "Electronic Dispatch Notice" mean?
At the moment, sales on Aliexpress are gaining momentum. And many sellers receive dozens and hundreds of orders a day. Naturally, with such a load, it is simply unrealistic for them to come to the post office and send parcels themselves. But various courier companies come to the rescue, which are ready to make life easier for our sellers.
Therefore, upon receipt of the order, the seller books the track number online. That is, the status "Electronic Dispatch Notice" means that the seller has temporarily booked a mailing number for your purchase.
But there hasn't been an actual shipment of your item yet. With status Electronic Shiping Info Recievedyour order is with the seller. The parcel will be sent at the moment when the courier of the postal service comes to the seller and picks up all the items, including yours. And it is not known whether it will be the next day or in 7-10 days, when the seller has accumulated the required volume of orders.
This scheme allows sellers with Aliexpress to save time and effort on sending parcels.
How long can the Electronic Submission Notice status remain?
If in your tracking of the parcel the status "Electronic notification of dispatch" does not change for more than 10-14 days, then be sure to write to the seller. If he doesn't answer, or the answer is unintelligible, then this is a reason to open a dispute. There is a chance that the seller has not yet sent your item.
How will track number be tracked with the status of "Electronic notification of dispatch"?
Basically, the status "Electronic notification of shipment" or "Received information about shipment" appears when tracking the track numbers of transport companies. Also, with such statuses, tracking of parcels that go in transit through other countries begins. For example, when a courier company provides information to the Finnish Post Office, one of the first entries in the Finnish Post's database is “Itella received an email notification of dispatch”.
But the actual dispatch of the parcel starts with the status “Shipment Submitted” or “Shipment arrived”. It is these statuses that indicate that your order has arrived at the sorting center and is at the initial stage of the journey to you.
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