Villavicencio May 13, 2018.

LADIES AND GENTLEMEN:

BOLIVAR INSURANCE S.A
CITY

REFERENCE: RIGHT TO PETITION ARTICLE 23 C.N

MARIA IREIDA TORRES, of legal age and resident of this city, identified as
appears at the bottom of my corresponding signature, acting in my capacity as

1. Within the body of evidence provided by you, in the ACT OF REVIEW

AND ROUTINE INSTALLATION carried out by EMSA officials,
date 15/03/2018, it can be evidenced that:

a. My wife allowed the officials to enter our home.

Entity for the respective inspection, in compliance with the regulations
applicable law to the matter and the SERVICE CONTRACT
PUBLIC SERVICES WITH UNIFORM CONDITIONS GG-GC,
similarly, authorized the collection of a series of materials that were used
for its officials.

b. Those officials carried out the respective inspection and conducted some
tests on the meter, the results of which can be seen in that record.

c. Likewise, it can be seen within the observations recorded in

said record, "a meter was found with lead seals on the lid
principal...", from which it can be deduced that there is no action whatsoever by
my role as a user to alter said meter, likewise, manifests
your official in the mentioned report that, "...damaged registrar the
numbers or the stickers that are attached to the register have crystallized and
the meter fell, is removed and sent to the laboratory,…
It is logical that said meter is found in that state, whenever
that was installed and had been operational for approximately
twenty-seven (27) years and due to the location of our land, it receives sunlight
for many hours each day.

d. It should be noted that the invoices issued by your entity were

completely canceled, in compliance with legal regulations
applicable to the matter and the SERVICE CONTRACT
AUDIENCES WITH UNIFORM CONDITIONS GG-GC, likewise, I
I would like to clarify that each month one of your officials passed
to read the meter to record the consumption for the respective period and it
It was necessary to inform about any news regarding the meter.
installed in my home, since I am an ordinary citizen and do not have
with the required technical training to know if said meter or any
another is working correctly, moreover, when I have read
some excerpts from law 142 of 1994, in which it is classified
in article 144, the following:
Article 144. On individual meters. The uniform contracts.
they can require subscribers or users to acquire, install,
maintain and repair the instruments necessary to measure your
consumptions. In such cases, subscribers or users will be able to acquire the
goods and services respectively to whomever they may deem fit; and the company shall
accept them as long as they meet the technical characteristics to which they
refer to the following paragraph.

The company may establish in the uniform conditions of the contract

the technical characteristics of the meters, and of the maintenance that
should show off.
It will not be the obligation of the subscriber or user to ensure that the
meters function properly; but it will be mandatory
you should have them repaired or replaced to the satisfaction of the company,
when it is established that the operation does not allow to determine
in an appropriate manner the consumption, or when technological development
provide more precise measuring instruments. When the
user or subscriber, after a billing period, does not take the
necessary actions to repair or replace the meters, the
the company may do it on behalf of the user or subscriber.
However, when it comes to the transportation and distribution of gas, the
contracts can reserve to companies, for security reasons
verifiable, the calibration and maintenance of the meters.
(Bold outside of text) was used to highlight the OMISSION on the part of its
entity.
Article 146. The measurement of consumption, and the price in the contract.
The company and the subscriber or user have the right to the consumption
for measuring; that the measuring instruments used for this purpose
technique has made available; and that consumption is the element
principle of the price charged to the subscriber or user.
When, without action or omission of the parties, during a period is not
It is possible to reasonably measure consumption and its value with instruments.
It may be established, according to the uniform contracts, based on
in average consumption of other periods of the same subscriber or
user, or based on the average consumption of subscribers or
users who are in similar circumstances, or based on capacities
individuals.
 There will also be a place to determine the consumption of a period based on
those from previous periods or from users in similar circumstances
or in individual assessments when the existence of leaks is accredited
imperceptible water inside the property. The companies are
to help the user detect the site and the cause of the
leaks. From the time of detection, the user will have a two-month period
to remedy them. During this time, the company will charge for the consumption
average of the last six months. After this period the
the company will charge for the measured consumption.

The lack of measurement of consumption, by action or omission of the

company will cause you to lose the right to receive the price. The one that has
place for action or omission of the subscriber or user, shall justify the
suspension of the service or termination of the contract, without prejudice
that the company determines the consumption in the forms to which it is
It refers to the previous paragraph. It will also be understood that it is an omission.
from the company the lack of meter installation for a period longer than
six months after the subscriber or user connection.
(Bold outside of text), was used to emphasize that due to the OMISSION in which
the officials of their entity incurred, therefore, it lost the
right to receive the price, due to this, it is not legally valid that one
make a recovery of an energy that was left unmeasured.
In light of the charges that your entity intends to make, it is worth noting:

First: The seals of the meter were in perfect condition.

Second: The installation and periodic review is the responsibility of your company, in
the specific case of ELECTRIFICADORA DEL META S.A E.S.P

Article 28º.-Of the installation y review periodic of

meters. It is the responsibility of the companies to install the meters or
meters, as well as reviewing them when deemed appropriate to account for
alterations, interferences, deterioration, poor quality or breakage of seals. (Legal obligation
unfulfilled by the officials of your Entity who intend to transfer to me
as a user of the service, in abusive conduct of its dominant position, of
According to what is stated in "Article 133. Abuse of dominant position. It
assume that there is abuse of the dominant position of the service company
public, in the contracts referred to in this book, in the following clauses:
133.1. Those that exclude or limit the liability that corresponds to the company
according to common rules; or those that transfer to the subscriber or user the
burden of proof that these rules place on the company;...

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2-For the above, it should be stated that what is expressed in clause 66 of the
public services provision contract. "What you argue as a basis
fundamental for the recovery of what was not invoiced” there is no responsibility
by the user in the deterioration caused by the normal use of more than 25
years since the service installation.
REQUEST

I request the file of Investigation No. GCCE-ENF 15288-1 due to non-existence of

the investigated behavior and the non-recovery of what you argue was left
charge, every time, it is not legally valid, "It will not be the subscriber's obligation
the user must ensure that the meters are functioning properly;
but it will be your obligation to have them repaired or replace them to satisfaction
of the company, when it is established that the operation does not allow
properly determine the consumption,....

SUSTENTATION OF THE RESOURCE

1. In page number 7 of the transferred evidentiary content that supports the

The investigation clearly shows that it was not due to manipulation but rather the
deterioration of the meter internally due to problems in reading it
counter event by which you made the decision to charge for
average. The user is responsible in an area of the accountant
What is not accessible if the seal is in perfect condition?
2. On this same sheet, the detailed observations that are evident are expressed.
deterioration.
3. The readings from the meter became irregular and often could not be taken.
take, a clear example of what happened in November 2017 with a
reading of 63 (kwh) and in the month of December 2017 it rises to 360 (kwh) this measurement
and the variation in the energy transported was never a responsibility
of the user is just a misunderstanding of the reading of the meter as the numbers
they fell and swayed without any consistency on the meter.
4. Event for which the person in charge of the reading was informed and they
I was expressing to him about a meter change.

TESTS
1-From the evidentiary transfer Folio 4. The meter readings became irregular
many times they could not be taken, a clear example is what happened in the month of
November 2017 with a reading of 63 (kwh) and in the month of December 2017
it rises to 360 (kwh) that measurement and variation in the energy transported was not in
no moment user responsibility just a misunderstanding of the
reading of the meter as the numbers fell and wobbled without any
consistency in the meter.

2-of the evidentiary transfer page 7 of the transferred evidentiary content that supports
the research clearly shows that it was not due to manipulation but rather due to
the deterioration of the meter internally due to problems in its reading
event counter for which you made the decision to charge for
average. The user has responsibility if it is an area of the accountant.
which one is not accessible if the seal is in perfect condition?

Testimonials:
1. JENNIFFER PALACIOS TURRIAGO
3112051621

2. Diana Paola Palacios

6738973

ANNEXES

Copies of the identity documents of the witnesses and the user. At 150%.

COMPETITION

You are competent to hear this appeal, as it is under your jurisdiction.

I handle the procedure of the corresponding investigation.

Sincerely,

HERNANDO URIZA SARMIENTO

17332101
CODE: 165418579
32

PUBLIC SERVICE PROVISION CONTRACT WITH CONDITIONS

UNIFORMS GG-GC This contract is made between Electrificadora del Meta S.A.
E. S. P., which for its purposes is understood as such the corporation by shares that
operates under the modality of a corporation in accordance with the laws
Colombians, with their main residence in the city of Villavicencio, on one hand and
on the other hand, the "SUBSCRIBER" or "USER", who with the reception of the service
electrical energy supplied by the COMPANY accepts and adheres to all the
provisions of this public services contract with conditions
uniforms. TITLE I OBJECT CLAUSE 1.- OBJECT OF THE CONTRACT. The
This document aims to define the Uniform Conditions in accordance
with which the ELECTRIFICADORA DEL META S.A. E.S.P., company
energy distributor and marketer, NIT 892002210-6, hereinafter referred to as
the COMPANY provides the public residential electricity service
in exchange for a monetary price, to the SUBSCRIBERS OR USERS of the market
regulated, hereinafter the SUBSCRIBERS OR USERS.

CLAUSE 21.- OBLIGATIONS OF THE SUBSCRIBER OR USER.

obligations of the SUBSCRIBER OR USER, owner or holder of the property,
the following:
Obligations related to compliance with technical standards:
c) Acquire, deliver, maintain and repair when the COMPANY requires it, the
meters and other instruments necessary to measure your consumption, according to
with the technical characteristics and the procedure that is indicated.
d) Correct, in accordance with the recommendations and terms set by the COMPANY
indicate the alterations or fluctuations that arise from the equipment or devices
electric devices used by the SUBSCRIBER OR USER that affect the quality of
electricity service in the networks of the COMPANY or in those of others
SUBSCRIBERS OR USERS of the COMPANY. If the SUBSCRIBER OR USER
refuse to disconnect it or repeat the use of the element that produces it
in the event of disruption, the COMPANY may suspend the electricity service. If
after thirty (30) calendar days the SUBSCRIBER OR USER has not
upon making the relevant correction, the COMPANY will disconnect you from the service
electrical energy, that is, it will carry out the cut of it.

p) Replace, upon written request from the COMPANY and within the term
indicated, the meter or measuring equipment, when it is established that it does not allow
appropriately determine consumption or when technological development
make more precise measuring instruments available. If the meter change
it obeys its manipulation or adulteration, the COMPANY will always install and charge.
to the SUBSCRIBER OR USER the new meter, when the user does not supply it.

Article 133. Abuse of dominant position. It is presumed that there is an abuse of

the dominant position of the utility company in the contracts to the
What does this book refer to in the following clauses:
133.1. Those that exclude or limit the liability that corresponds to the
company in accordance with common standards; or those that transfer to the subscriber or
the burden of proof that these rules place on the company;

-CONTRACT1056 OF 2012. August in .... 0401 - 3 - 1 9 1 1 1 1Maintenance of

09/06/2017. 822 ...... PUBLIC LIGHTING.