A number of citizens are still on the list of debtors for electricity of Elektroprivreda (EPCG), even though they have paid the money because some of the public executors who collected the debt did not register the payment and directed the money to the account of the state energy company.
A man from Podgorica also found himself in that situation Drazen Bulatović who had an electricity debt of 2020 euros for a cottage in the Kolašin village of Lipovo, from the end of August 30 to April 2022, 110, after which EPCG initiated the procedure for forced collection through a public bailiff Vladan Batak.
According to the documentation that "Vijesti" had access to, Batak issued the decision on enforcement in July 2022, and Bulatović clarified that he received it at the beginning of October, so he settled the debt on the same day. According to the bank slip, Bulatović paid a total of 137,7 euros, of which 110 for electricity and 27,5 euros for compensation to the executor. This payment, however, claims Bulatović, was never registered, so EPCG still calculates interest on the debt he duly paid.
As a result, the bill for his holiday home amounted to 186 euros in August of this year.
"Vijesti" also sought the opinion of a lawyer on this case, and one of them unofficially said that citizens who conscientiously pay off their debts cannot be charged in any way, so other problems with money collection fall on the state energy company.
EPCG told "Vijesta" that these cases must be resolved in civil proceedings, but that they have filed a criminal complaint against Batak and that the proceedings before the prosecution are ongoing.
Batak was a public bailiff in Kolašin, and he dealt with cases before the Basic Court in that and the Municipality of Bijelo Polje. The Chamber of Public Executors stated that he performed that job from March 2017 to November last year, when he stopped working at his own request, and that he has not been a member since then. They pointed out that Batak was fined at the end of 2021 for obvious or gross abuse of authority, while last year, after a complaint, it was established that there was a well-founded suspicion that he had illegally disposed of money from the account, i.e. that he did not have separate accounts for payments from execution and for depositing money as a surety.
"Due to the termination of Batak's activities at his personal request, no disciplinary proceedings were initiated against him, but his criminal responsibility was determined before the competent court, and for the reason that disciplinary proceedings cannot be initiated against a person who is no longer a member of the Chamber", they said from this institutions and emphasized that Batak's items were inherited by the executor Ivan Sekulić from Bijelo Polje.
According to Batak's work report for the past year, he received 2023 cases in 769, and resolved only two.
There is no phone or office
Bulatović claims that he complained to EPCG several times, but that he was told to seek justice in court and pay the money, so that the interest on the debt would not accumulate. In July of this year, he sent a letter to the state company about his case, and he claims that a few days ago they told him that they had explained everything to him orally.
"That money was not taken from my account. I was interested in the branch in Kolašin and went to see him (Bataka). Then they transferred the responsibility from one to the other (not registered, wait until it is registered, etc.). This year I was interested again and went to the branch (since the bills are not arriving), I wanted to pay the electricity bill, however, the debt still exists and with it additional interest. The public bailiff closed the office and turned off the phones. After this, I went to the EPCG, where their legal department taught me to prosecute the executor who "disappeared" and that I am one of the many citizens who come forward for the same reason. They are very familiar with this, but "wash their hands of any responsibility". They are asking for the money to be paid again, because interest will accumulate on the debt. I paid that debt to the executor whom they hired and who is a member of the Chamber", said Bulatović.
He added that his electricity bills for the house in Lipovo amount to a few euros a month, while they are around ten euros in the summer, when they stay in that village.
When asked how this problem will be solved, EPCG told "Vijesta" that the validity of the collection of claims and interest is determined in the civil proceedings. When asked if EPCG will write off citizens' debts because the payments have been made, they said that they currently do not have data on the total amount of money in the cases in which Batak committed abuses.
"Before the Court of First Instance in Bijelo Polje, a first-instance judgment was passed on the TS lawsuit, obliging EPCG to pay the plaintiff the amount of 348,31 euros. During the procedure, it was established that Batak withdrew the money by blocking the account, and did not transfer the collected funds to the EPCG account. Given that in the specific procedure we learned about the illegal actions of the executor, where EPCG was damaged in the amount of 348,31 euros, we filed a criminal complaint against Batak Vladan. The procedure is ongoing before the Basic State Prosecutor's Office (ODT) in Kolašin, due to the criminal offense of abuse of official position under Article 416 of the Criminal Code. As for the work of other executors, we are not aware of any illegality," EPCG said.
EPCG did not assign subjects
They also explained that the criminal complaint against D. Ž is being conducted in the Kolašin District Court. from Bijelo Polje, also due to abuse of official position, and that EPCG, in the capacity of a witness, was invited to testify on the circumstances of handling and collection of claims based on electricity debt, because money was taken from the applicant's account, but Batak never paid it . In addition, they pointed out that identical cases in Kolašin are also being conducted based on the reports of Č. D. and G. Lj. from Bijelo Polje, as well as that EPCG was invited to testify in both cases.
The EPCG did not answer the total amount of the debts of citizens who are in a similar situation, because, as they claim, they do not keep records of the amount of claims with individual executors. They also emphasized that they did not assign items to Batak, but that was done by the Chamber according to the Ordinance on equal distribution.
Regarding the basis on which EPCG continues to charge interest on the canceled debt, "Vijesti" also asked for an expert opinion, and one of the lawyers said that the citizens showed conscientiousness and paid off the debt, so EPCG is responsible for the rest of the process.
"The money has been deposited in the public bailiff's account, so let EPCG be settled further." The citizens made the payment because they did it by force. If EPCG were to turn a deaf ear, they should collectively go to a meeting of that company and the Chamber of Public Executors, in order to prove that they did not manage the money after the payment, all with the aim of releasing the money and canceling the debt. Full and exclusive responsibility should be borne by EPCG", stated this lawyer and pointed out that lawsuits should be initiated only after the meetings have been completed.
He also emphasized that citizens are often uninformed that debts can become statute-barred, specifically according to Article 380 of the Law on Obligations.
"Vijesti" also asked Batak for answers about everything, but although he was contacted on several phone numbers and the office, there was no feedback.
The complaints came after Batak stopped working
The Chamber received five complaints during Batak's work, and they confirmed to "Vijesta" that the complaints did not arrive while he was active, but the debtors informed them by phone only after Batak stopped working.
"There was one complaint in 2020 and it was determined that it was unfounded. One in 2021, in connection with which disciplinary proceedings were initiated, it was determined that Batak was responsible and a disciplinary measure was imposed on him. Three complaints in 2023, one of which was unfounded, while in relation to the others it was established that there was a well-founded suspicion that he had committed the most serious disciplinary violation, prescribed by the provision of Article 54 paragraph 5 point 6 of the Law on Public Enforcement Officers, for which he was threatened with the most serious the disciplinary measure is dismissal", the Commission stated.
They added that they are sorry for the possible damage that citizens have suffered due to the work of Batak, so they call for procedures to be initiated in order to determine responsibility. They reminded that according to Article 31 of the Law on Public Executors, the public executor is liable with his property for the damage caused by illegal work during execution.
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