Decision
In the name of Ukraine
June 29, 2000
Lychakivsk district court of Lviv city
With the head: Lakomska Zh.I
And secretary Mykhaylenko
Heard the case in the open court hearing in Lviv.
Pidkova Bohdan Hryhorovych sued OSC Lvivoblenergo and Lvivteploenergo and asked to reimburse damages, the court -
Decided:
The plaintiff came to the court with a claim to defendant to reimburse damages. The claim is motivated by the fact that in the period between December 4 and December 28, 1999 energy was constantly on and off. It led to problem with energy on the local district boiler room that serves house #9 on Kerchenska street in Lviv where the plaintiff lives. As a result electric heaters became cold and could not heat the air in the short periods between turn offs. Temperature in the apartment went down. He is a disabled person of the III category, has bronchial asthma and because of cold temperature the body was cold, too, and the disease started progressing. He had to go to the hospital and get treatment. The state of his health worsened and according to the Lychakivsk court expertise from February 24, 2000 he was declared to be disabled of the II category.
He asks to approve the decision to make the defendant reimburse UAH 5 thousand for moral damage. To support the demand he adds the act about turn offs of energy, medical documents etc.
Representatives of defendant from OSC "Lvivoblenergo" disagree with the claim and explained that due to critical state of energy system in Ukraine they decided to introduce a schedule for turn offs of energy. Since December 12, 1999 the schedule was violated because the frequency of the current decreased and heating energy depends on electric energy. All turn offs were done according to orders of ZES.
He asked to refuse the plaintiff in satisfying the claim because the plaintiff did not prove the court that the temperature in the apartment went down as a result of turn offs. Turn offs were not permanent, they only happened twice a day for the period of 4 hours.
Representative of OSC "Lvivoblenergo" disagreed with the claim and explained that boiling room on Zelena street , 111a was accepted for exploitation from Lvivprombud in December 1, 1998. Turn offs of energy in the houses that this boiling room is serving happened almost every day twice a day. Time without energy was between 5 and 6 hours a day. According to the calculations, temperature could go down to 15C-14C. As the plaintiff did not provide proof of material and moral damage he asked to refuse the plaintiff in his claim demands.
The court listed to plaintiff, representatives of defendants, witnesses and evaluated the presented documents with proofs. The court thinks that the claim should be partially satisfied.
The court has detected that turn offs of energy occurred in December 1999 on Kerhcnska street where the plaintiff lives and on Elena street where the boiling room is. Turn offs occurred between December 7th and 28th, 1999 (a.s 29.30) and is also stated in the registrar for turn offs of energy in the boiling room on Zelena street in Lviv. (a.s. 56-58)
The witness Stefaniv Yu.S. explained the court that turn offs of energy happened in December and lasted several hours a day, during this periods it became very cold in the apartment (a.s.51)
From the presented papers from the hospital we see that Pidkova B.H. was receiving treatment between December 9th and 24th, 1999 (a.s. 4)
As certifies the letter from Lychakivsk MSEK (a.s. 53) Pidkova B.H. was declared to be disabled of the II category. Intensification of the disease could have happened because of cold air and other unfavorable factors.
Witness Litvinska N.Ye. who is plaintiff's doctor, says that intensification of the disease was caused solely by the low temperature because there were no other unfavorable factors.
Thus, during the court hearings we detected periods of time when turn offs occurred in December, 1999 and resulted in decrease in temperature at the apartment. The plaintiff who suffers bronchial asthma felt worse because of low temperature in his apartment and had to ask for doctor's help, received treatment and was transformed from III to II category of disability.
Now he needs treatment and claim demands about partial reimbursement of moral damage must be satisfied in the amount of UAH 1000. As there was no proof for material damage, this part of the claim remains unsatisfied.
Based on the articles 15, 30, 63 of CPC of Ukraine and articles 440 of CC of Ukraine

Decided:
Claim of Pidkova Bohdan Hryhorovych to Lvivoblenergo and Lvivteploenergo to reimburse damages is satisfied partially.
Lvivoblenergo must pay UAH 1000 as reimbursement for moral damage
Lvivteploenergo must pay UAH 1000 as reimbursement for moral damage
Time for appellation 10 days.