Electricity, gas or water cut off over unpaid bills: what to do under Georgian law

What to do

1. Lawfulness of the disconnection: service may not be cut off without a demand and a reasonable period; if the procedure was violated — immediate reconnection (Electricity Distribution Network Rules, Art. 34); the payment period stated on a bill is at least 15 calendar days (Natural Gas Supply and Consumption Rules, Art. 10); gas: disconnection may not take place earlier than 5 days after notice of disconnection, otherwise it is postponed (Natural Gas Supply and Consumption Rules, Art. 10); water: not earlier than 5 days after notice (Drinking Water Rules, Art. 9); do not disconnect in the evening, on weekends or public holidays, or on the eve of them (Natural Gas Supply and Consumption Rules, Art. 10).
2. Debt of a former occupant or owner: one subscriber’s debt may not be transferred to another without that person’s written consent (Natural Gas Supply and Consumption Rules, Art. 10).
3. Old debt: a debt whose limitation period under the Civil Code has expired (and which has not been acknowledged) may not be grounds for disconnection, and disconnection may not be used to force its acknowledgement (Electricity Distribution Network Rules, Art. 34); the limitation period for periodic payments is 3 years (Civil Code, Art. 129). Do not pay “partially to get reconnected” — acknowledgement of a debt, including partial payment, interrupts the limitation period (Civil Code, Art. 137).
4. Disputed amount: while the dispute is pending before the Commission or a court, the service may not be cut off over the disputed amount without their decision (Natural Gas Supply and Consumption Rules, Art. 13). Persons who are ill or depend on life-support equipment: where health or life is at risk, an additional period of not less than 1 month applies (Electricity Distribution Network Rules, Art. 35) — notify the operator in writing.
5. Reconnection: service is restored after payment or an agreement on payment (Electricity Distribution Network Rules, Art. 14); instalments — by agreement, under the contract (Electricity Distribution Network Rules, Art. 14); the reconnection period runs from the recording of the payment, receipt or instalment schedule (Service Quality Rules, Art. 19); the fee for restoring electricity supply is 2 lari incl. VAT (Electricity Distribution Network Rules, Art. 15). If the disconnection was unlawful — recalculation and free reconnection (Electricity Distribution Network Rules, Art. 15).
6. Route: written application to the company → GNERC complaints department examines disputes, reconciles them or refers them to the Commission (GNERC Statute, Art. 19) → court.
7. Where to apply: company (written application) → GNERC → court.
8. Evidence: payment receipts and bank slips, the disconnection notice (or proof that there was none), the date and time of disconnection, registry extract or lease agreement, medical certificates.
9. Pitfalls: partially paying an old debt “to get reconnected” — this is an acknowledgement, and the limitation period starts again; paying a former occupant’s debt without checking — it may be transferred only with written consent; assuming that a bill with a due date is already a disconnection notice.

Be sure to check

• disconnection only after a demand or notice and a reasonable period; if the procedure was violated — immediate free reconnection
• no disconnection over another person’s debt without written consent, nor over a debt whose limitation period has expired; partial payment of an old debt is an acknowledgement that interrupts the limitation period
• reconnection after payment or an instalment agreement; reconnection fee
• vulnerable residents — additional period; complaint to GNERC, then court