Compensation for broken equipment due to power outages: how Ukrainians can get compensation – explained by a lawyer

A lawyer about receiving compensation for household appliances that failed due to sudden changes in electricity

Laws of Ukraine and mandatory requirements for the quality of supply electricians envisage the possibility for consumers to receive compensation for damages caused if their electrical appliances have been damaged due to inadequate power quality, in particular, in the event of voltage drops, network incidents or unstable power indicators. This right applies to both ordinary citizens and legal entities, including small businesses and other non-household users. Maryna Kamilova, a lawyer at WINNER PARTNERS JSC, informed the Informant about this.

The duty to comply with power supply quality standards rests with the operator of the electricity distribution system (oblenergo or other utility company), and in the event of failure of electrical appliances due to violation of established power quality standards, the consumer has the right to demand compensation for material damage. At the same time, the calculation of the payment does not occur automatically, since the consumer is obliged to prove the existence of a connection between the voltage fluctuation in the network and the malfunction of the electrical appliance.

To do this, the consumer must contact the supplier (distribution system operator) of electricity with a written statement indicating the circumstances of the incident, a list of damaged devices and the amount of damages that are requested to be compensated. Documents confirming the fact and reasons for the breakdown are attached to the application, namely:

• copies of payment documents for the purchase of devices (cheques, sales agreements, warranty documents);
• a deed of claim or a deed on the provision of an inadequate quality electricity supply service, drawn up, if possible, with the participation of a representative of the distribution system operator;
• the conclusion of the service department or an expert regarding the operability of the device before the incident and establishing the cause of its damage due to a voltage jump;
• evidence of actual damage in the form of photo or video materials or testimonies of individuals.

In addition, copies of the identity document and taxpayer identification code are attached to the application to identify the applicant. The legislation provides for minimum compensations even for the mere fact of low-quality service: 200 hryvnias for household consumers, 400 hryvnias for small businesses and 600 hryvnias for non-household users, and these amounts may increase depending on the duration of violations and the volume of consumption.

This is an initial payment that is calculated regardless of whether the appliance is damaged, but may be included in the overall damage calculation. In addition, the law allows you to demand compensation for actual damages: the price of the repair, confirmed by invoices and acts of service centers, or the full price of the device, if it cannot be restored or the repair is economically unprofitable.

The application can be submitted in person, by mail with delivery notice or through the supplier’s personal office, and it is recommended to make the claim act in the presence of a representative of the OSR. The company has five working days to provide a response or written justification for the refusal. In the case of refusal, the consumer can register a written refusal, file a complaint with the National Energy Regulatory Commission or the State Energy Inspectorate, or apply to the court for damages. Jurisprudence already has cases where oblenergo is obliged to compensate for the cost of repairs and even moral damages, if the connection between the accident and increased voltage has been proven.

“Therefore, the possibility of receiving compensation for household appliances damaged due to power outages exists, but for its implementation, properly executed statements and acts, confirmation of the fact of breakdown and its cost, as well as evidence of the connection between the power surge and the breakdown are required. The minimum payment for the quality of the power supply starts from 200 hryvnias and above, and full reimbursement of the repair or cost of the device is possible if there is documentary evidence,” Kamilova emphasized.