Reader question: Which claim must I pursue if the statement of shared utility charges or the right to inspect the records does not materialise despite a request?
For the shared heating supply to your Austrian flat there are monthly payment amounts, but the annual statement is missing. Or you have received an overview and the inspection of the receipts is not permitted despite a concrete request. Those are different problems from an already examinable bill with an incorrect consumption figure.
This article assumes the scope of the Heiz- und Kältekostenabrechnungsgesetz. A separate direct contract for household electricity is not simply dealt with under the same procedural route.
Which service is actually missing?
Section 17 generally requires a written statement, information to consumers and the possibility of inspection at the latest six months after the end of the billing period. For timeliness the start of the inspection period is decisive. [HeizKG17]
Therefore note the specific billing period. Is there really no statement yet, was only your overview not transmitted or is a usable opportunity for inspection missing? Ask specifically about the asserted start of the inspection period. A calendar sheet marked "heating costs" and a sum is not yet a complete answer to all three questions.
Do not confuse overview and receipts
The information under Section 18 contains, among other things, billing data and indications of the place and period of inspection. Section 19 governs the verifiable, organised collection of receipts and the presentation of the calculation steps. The inspection must be possible for at least four weeks; copies or further printouts requested must be produced at the expense of the consumer. [HeizKG18][HeizKG19]
When inspection is denied, describe which request you made, which answer you received and what access you actually attempted. An unanswered general question and the explicit refusal of a concrete wish to inspect should remain distinguishable in your preparation.
Pursue your claim precisely
Section 20 allows, on application, a court order for the proper statement or inspection of receipts under threat of a fine. In the case of unjustified non-fulfilment this must be imposed; it can be imposed repeatedly. [HeizKG20]
The fine is not an automatic compensation owed to you. First the requested service is required. Our practical recommendation: Specify the affected period, the missing statement or inspection and prior attempts to clarify. A self-estimated repayment does not replace this claim.
Fictional case: an annual balance without inspection
A resident receives a balance and a note referring to an office. There she is told by telephone that inspection is in principle not provided. She has the overview and records the date and content of the information factually. She then demands a specific, suitable opportunity for inspection and documents the reply.
If the inspection continues to be refused, she has the application for this service prepared. She does not yet invent any specific incorrect individual bills. Only after an accessible examination of the receipts can substantive objections be developed in a targeted way. Important deadlines are separately checked in the process; a mere follow-up question will not be treated uncritically as a remedy preserving a deadline.
Establish the appropriate procedural route
Section 25 distinguishes the laying out of the statement from its substantive correctness as separate matters in dispute. It governs the ex parte procedure, parties and the analogous application of certain MRG procedural provisions including the municipal route. [HeizKG25]
Therefore have competence, the application and the parties clarified. Administration and the billing company have a legally specified role in the procedure; that does not allow any arbitrary substitution of the obliged provider by any reachable service address.
Your prepared case consists of a named service gap and its receipts. This allows the statement or inspection to be enforced in a targeted manner, while subsequent payment and substantive questions each receive their own examination.