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Responsibility of the supplier of drinking water for not reporting the abnormal consumption to the customer

  • 27/09/2021

The Court of Cassation with the order n. 24904 of September 15th, 2021, established that, pursuant to art. 7.9 of the Integrated Water Service Charter and in consideration of the contractual obligations of honesty and good faith, the supplier’s obligation to notify abnormal consumption must be performed with forms that allow the customer to know the anomaly and to intervene promptly to resolve it. Therefore a commercial invoice, relating to abnormal consumption recorded, sent at a distance of more than two months from the detection of the same and without an express indication of their abnormal character, is not suitable for this purpose.

The Supreme Court, moreover, noted that the supplier’s liability for failure to comply with this obligation exists despite of the fulfilment by the user of his obligation to verify the correct operation of the plant and the meter and to make the c.d. self-reading.

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