prijava
SARAJEVO, March 27 (FENA) - The Human Rights Ombudsman Institution of Bosnia and Herzegovina, within its regular jurisdiction, acted upon complaints from citizens requesting exclusion from the central heating system of the Banja Luka Heating Plant.
In the course of the investigation, it was found that the Heating Plant unlawfully, and violating the norms of the obligation of a right unilaterally changed the terms of the contractual relationship and then initiated the procedure of forcible collection of claims for services that citizens simply and unambiguously do not want.
According to the general principles of the law of obligations, a contractual relationship is null and void, from which one party (in this case the citizen) can only come out with the fulfillment of a number of conditions, which are subsequently added, some of which are practically impossible because they depend on the will of third parties and which imply additional financial obligations of just one side.
The Ombudsman Institution expresses its belief that the courts will take into account the recommendations of the Ombudsman issued in such cases, in accordance with existing regulations, since such treatment of the heating service is caused by the disadvantage of one of the contracting parties, which makes each contractual relationship null and rebellious in court, and at the same time produce obligations for the respondent.
From the point of view of good administration and the rule of law, it is unacceptable that the local self-government unit and the public utility company, whose work is financed by citizens, are listening to the citizens' requests for withdrawing from the contractual relationship only in order to be able to sue them in court for high monetary amounts, while they are often in a state of social need and without adequate legal protection, stated the BiH Ombudsman Institution.
(FENA) S. R.
