This article is transferred from: People's Court Daily
News from our newspaper (reporter Yu Jianhua's correspondent Rui Xuan) After the owner Zhou bought a new energy vehicle, he wanted to install charging piles in the parking space as soon as possible to usher in green life. Who expected that the installation procedure was stuck in the residential property, so Zhou sued the property. Recently, the People's Court of Rui'an City, Zhejiang Province heard this case New energy vehicle charging pile In the case of installation, the judgment supports the original petition.
Mr. Zhou is the owner of a community in Rui'an City. In September 2021, in order to facilitate the charging of new energy vehicles, Mr. Zhou applied to Tangxia Power Supply Office of Rui'an Electric Power Bureau for the power use business of new energy vehicle charging piles. After being informed that the business applied for requires the community property to stamp on the "Application for Installing Charging Devices in Parking Spaces" issued by the electric power department and provide necessary assistance. Zhou asked the property company for assistance many times, but was rejected for many reasons, such as "the property company only provides services and does not have the approval qualification", "the community does not have a dedicated line for installation", and "rewiring costs a lot of money".
For this reason, Mr. Zhou appealed to Rui'an Court and asked the property company to assist in handling private parking spaces
Relevant procedures for the installation of charging posts for new energy vehicles.
After hearing, the court held that the plaintiff, Mr. Zhou, as the owner of the community, had the right to make reasonable use of the parking space he owned and install supporting facilities on the parking space Electric vehicle charging pile The purpose is to use new energy vehicles, which conforms to the principles of saving resources and protecting the ecological environment, and should be encouraged. As a community property service enterprise, the defendant property company should cooperate with the plaintiff to install a new energy vehicle charging device and facilitate the installation. Signing, agreeing and stamping on the application form not only belongs to the scope of assistance and cooperation, but also belongs to the performance of community management service obligations. Even if there are capacitance capacity and cable load problems, it should be surveyed and judged by the power supply enterprise, and the property company can not take doubt as the reason for refusing to cooperate. Therefore, the court made the above judgment.
In this case, the property company performed its management obligations in a narrow way, without taking into account the relevant rights and interests of the owner, which is contrary to the green development concept advocated by the Civil Code. The purchase and use of new energy vehicles can save fuel energy, reduce exhaust emissions, protect the environment, meet the requirements of "green, environmental protection, energy saving" and "low-carbon new life", and also meet the provisions of Article 9 of the Civil Code that "civil subjects engaged in civil activities should be conducive to saving resources and protecting the ecological environment". The relevant civil subjects should perform the relevant obligations of assistance and cooperation in civil activities, and implement the spirit of the Civil Code. New energy vehicle maintenance
