“It all started in 2022 when many consumers decided to switch from variable prices to fixed prices with the aim of protecting themselves from sudden surges in tariffs.” He writes it in an Adiconsum Cisl note.
“The contracts were permanent but the offer was fixed-term and rarely exceeded 12 months. This difference, little known to many, has already contributed to generating confusion and inattention.
Upon expiry of the agreed offer, the consumer had to receive from his manager a communication of a change in the tariff – if less favorable – 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.
This communication, separate from the bill, can be sent by ordinary mail or by email if the user has chosen this method in the contractual phase and no other methods of sending are foreseen.
The communication is very important because in addition to informing the user of the tariff change, it also contains the information that, if the user does not agree with the proposed tariff, he can withdraw from the contract and change provider.
And it is here that in the month of January many users were sent exaggerated gas bills and turned to Adiconsum Lecce – Association for the defense of consumers to contest the bill given that the only response provided by the Enel energy operators was that the rate had changed.
The careful analysis of bills highlighted that many gas tariffs had changed starting from July 2023 and that 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 during the winter, but the bills arrived when the period to remedy the problem had already passed.
The biggest 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 summer arrives) but leaving the prices of the previous winter unchanged.
Many consumers complained that they had never received a notification of a tariff change, so it was contested by Enel Energy.
Unfortunately, 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!
Given the unacceptable responses provided by Enel Energia to the complaints made by Adiconsum Lecce, the Association has sent the reports to the Competition and Market Guarantor Authority and to Arera for the profiles of commercial behavior that they will want to detect to safeguard of consumers and invoking contractual withdrawal pursuant to art. 52 and 53 of the Consumer Code as he was not previously 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.”
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