Electric companies have intensified their accusations against users, claiming alleged “anomalies” in the meters. These accusations, which include tampering and double hookups, have led to re-billings that can exceed 5,000 euros. In light of this situation, many people are wondering how they can recover money for electricity fines they consider to have been paid improperly. In this context, SEDIF LEGAL has been denouncing these abuses for over a decade.
According to this organization, many companies fail to substantiate their claims, and there are legitimate avenues to request a refund. The process begins with a letter informing the user of alleged tampering with their meter, without prior notice or witnesses present, demanding payment under the threat of having their electricity supply cut off.
Electric companies rely on Article 87 of Royal Decree 1955/2000, which grants them the right to issue a re-billing based on “estimated” consumption during the period when they claim the tampering occurred. However, their authority to declare fraud without clear evidence is questionable. The lack of notification and the replacement of the meter without the owner’s consent are factors that cast doubt on the validity of their claims.
The law allows citizens to recover money paid in error. Articles 1895 to 1901 of the Civil Code regulate the “collection of undue payments,” stating that if someone makes a payment they did not owe, the beneficiary is obligated to return it. Thus, if a person has made a payment for a re-billing with no actual debt, the electric company must refund the amount.
Article 1901 of the Civil Code states that error in payment is presumed if an amount was paid that was never owed. In this case, the company must prove its right to collect, while the holder does not have the burden of proving the error. This shift in the burden of proof is essential for a successful claim.
Rulings from the Supreme Court, such as decision 540/2018 from September 26, reiterate that for restitution of undue payments, it is not necessary for the error to be excusable, but it must be real and effective. This provides a solid legal basis for those who have unjustly paid electricity fines.
The process for recovering the money from an electricity fine begins with gathering documentation, which includes the letter from the company, inspection reports, and invoices. It is also essential to verify whether there was a valid notification about the inspection. If not, the procedure is null. After this, an administrative claim must be filed citing the relevant articles of the Civil Code, and if necessary, contact a specialized law firm to analyze the case at no upfront cost.
The courts have supported many consumers in similar situations, confirming that re-billings often lack a solid legal foundation. At SEDIF LEGAL, the idea that claiming is not just a right but also a civic duty is promoted. According to Adolfo Tello, the firm’s Director of Communication, it is vital to stand firm against these abusive practices.
The increase in inquiries about electricity fines has reflected a growing awareness among citizens regarding their rights as consumers, highlighting the importance of legal advice in the fight against these injustices.
Referrer: MiMub in Spanish
