The organization “Young Barristers” will file a lawsuit in Tbilisi City Court against the company “KazTransGaz-Tbilisi” and appeal the decision made by the company, according to which, from March 1, 2015 the tariff of natural gas the non-domestic consumers will increase.
According to statement of lawyer of the “Young Barristers” – Levan Beradze, the decision of 2 February 2015 of “KazTransGaz-Tbilisi” to increase gas tariffs for legal persons and to define each 1000 m3 of gas for 900 GEL, represents a gross violation of contracts with the consumers, the unilateral amendment of the contract and indicates efforts to unfair actions from the company. Agreement that has been made by one party to abuse of influence to another, when their relationship is based on exceptional confidence is invalid. In given case, the company has entered into fixed-term contracts with customers, whose imperative requirement of unilateral change causes serious damage for legal entities’ activities and directly violates consumer rights.
The “Young Barristers” evaluates that the commercial interests of “KazTransGaz-Tbilisi” does not meet with the public interests. After the decision go in force, non-governmental organizations will face special difficulties, whose income depends on the financial part of the grant and they have already agreed with donors on the expenditure budget, regarding the communal payments. We believe that the company's official announcement, to increase the gas tariff due to the change in exchange rate of GEL with the US dollar, cannot be basis for unilateral termination of existing contracts. In addition, it should be ascertained the legitimacy of the company's proposed new tariff policy, when “KazTransGaz-Tbilisi” increases the gas tariff with 20%, while in comparison to last years, GEL exchange rate with US dollar in respect to inflation, varies from only 12-13% of the interval.
The organization will pay attention to the circumstance in which case “KazTransGaz-Tbilisi” imperatively requires from legal entities the approval of the contracts until February 7, 2015, then, when the new tariff plan of the company should come into force from March 1, 2015. There is no reasonable period of time from the company, which is devoted to the assessment of changes. Such forced actions from the company once more pointing on the issue of good faith of the company. In addition, presented amendments require the analysis of the context and the purpose, that by the individual analysts estimations, initially served to cause the anxiety in society. The company should explain the denial of operationalization of new tariff policy for private persons, what the form of government intervention was and why legal persons became victims of the initial changes now.
The “Young Barristers” regarding the issue of the company “KazTransGaz-Tbilisi” requires more transparency. The organization appeals to other legal entities, to form a common position towards the proposed changes.
