LECCE – Disproportionate gas bills: Adiconsum Lecce reports to the Competition and Market Guarantor Authority and to Arera that it has decided to look clearly into the commercial practices of Enel energy. The snag arose in 2022 with the transition from variable prices to fixed prices, a choice made by consumers to protect themselves from tariff increases, but if the contracts were for an indefinite period, the offer was not, which rarely exceeded the 12 months. This last circumstance is little known. In practice, upon expiry of the offer, the consumer had to receive from his manager a communication of change in the tariff, in case the price was increased, at least three months before the entry into force of the new tariff informing him of the possibility of being able to withdraw from the contract.
A very important communication because it allows the user to change provider if he does not consider the rate convenient. Communication that according to consumers would never have arrived: in the month of January many received heart-stopping gas bills and turned to Adiconsum Lecce – Association for the defense of consumers – to contest the bill given that the only response from the operators of Enel Energia limited itself to saying that the tariff had changed.
«The careful analysis of the bills highlighted that many gas tariffs had changed starting from July 2023 – Adiconsum reports – and with the advent of the summer season, users were unable to realize the increase immediately. The surprise came only when the heating was turned on in the cold, but the bills arrived when the time to remedy the problem had already passed. The joke was that, in response to the complaints made by users, Enel Energia declared itself willing to change the price of gas for the future (when the good weather arrives) but leaving the prices of the past winter unchanged”.
The issue concerns the famous communication of the tariff change that many consumers complained of never having received, but «the commercial code of conduct approved by Arera places the burden on customers to demonstrate that they never received the communication. In practice the burden of proof falls on the shoulders of the weaker party. This is true even when the new rate is actually discovered only upon receipt of the bill. Furthermore, the manager enjoys a presumption of receipt of the communication, 10 days after it was sent, even if the consumer claims to have never received anything”.
Adiconsum Lecce presented complaints and decided to act “in response to the unacceptable responses provided by Enel energia”. Hence the report to the Competition and Market Authority and to Arera «for the profiles of commercial behavior that they wish to detect to safeguard consumers and invoking contractual withdrawal pursuant to articles 52 and 53 of the Consumer Code, not having been preliminarily allowed to know the economic conditions that would be applied, nor placed in a position to be able to evaluate their effects and the decisions to be taken consciously and decide whether to make use of the guaranteed right of withdrawal. Now, thanks to the reports also made by Adiconsum Lecce, the Authority has formally opened an investigation which could lead to users having their reasons recognized and obtaining what was contested by Adiconsum Lecce”.
