Is it subject to proof of the amount of damage sustained by the unilateral power!

Is it subject to proof of the amount of damage sustained by the unilateral power interruption when seeking compensation under the General Electricity Sale Agreement?

 

Answer

Pursuant to the General Conditions of Contracts for Selling Electricity of a Company approved by SEWRC, in the event that consumers are left without electricity by the fault of the seller more than 24 hours after receipt by the seller of a notification by the consumer, the seller pays compensation for user at the rate of BGN 30 and BGN 20 for each subsequent 12-hour period with no electricity provided. The clause is defective, which means that, under the law, it ensures the performance of the obligation and serves as compensation for the damage caused by the seller's default in the case without having to prove it. This is because the default is the preliminary assessment of the damages that would result from the failure to fulfill an obligation agreed by the parties to the contract. Therefore, it is for all types of damages - pecuniary and non-pecuniary - the pecuniary liability to be determined, and the plaintiff is not obliged to determine them by type and amount in their claim, nor to prove their occurrence, respectively the amount of the indemnity for each individual disability.

 

In cases where it has been established that the end customer did not have any money claim to the consumer for the payment of electricity, the interruption is unregulated and is the fault of the end supplier as he did not have the right to do so. In view of this, the company owes the consumer the penalty stipulated in Art. 30, para. 1 of the TD, which clearly follows both from the title of the clause: "Seller's liability for a long-term unauthorized interruption of the supply by fault of the seller" and by its very content.