Commission for collecting heat payments: claim dismissed
Editorial summary
The association claimed a 3% fee from AS Narva Soojusvõrk for collecting payments. The court refused, holding that the indefinite mandate had been terminated by advance notice.
Narva linn, Soldina tn 18c korteriühistu · 80061091
AS Narva Soojusvõrk · 10549419
Participants and roles
- Narva linn, Soldina tn 18c korteriühistu — claimant, KÜ Valge Sein in the judgment
- AS Narva Soojusvõrk — defendant, heat supplier
The dispute and the court’s decision
Narva linn, Soldina tn 18c korteriühistu, named KÜ Valge Sein in the judgment, sought 8,599.88 kroons from AS Narva Soojusvõrk for October 2008–February 2009. A heat-supply contract annex provided the association 3% of payments received by the supplier for collecting them. The supplier announced an end to the fee from 1 October 2008, referring to a new price ceiling. The association argued that the term could not be changed without its agreement and continued collecting payments.
The court characterised the payment-collection provision as an indefinite mandate within the heat-sale relationship. Such a mandate could be terminated unilaterally, and the notice of 19 June 2008 was clear and sufficiently early. There was therefore no obligation to pay commission for the claimed period. The claim was dismissed in full and costs allocated to the association.
On 20 May 2011 Tartu Ringkonnakohus subsequently upheld refusal and allocated costs in both instances to the association. Ending the collection mandate did not end the contractual obligations to sell and pay for heat.
Outcome of this decision
The claim for 8,599.88 kroons in commission was dismissed in full. The association bears litigation costs.