Enemalta is pledging to introduce a quality service charter to come into line with other European countries where consumers have a right to claim compensation in cases of power blackout.

Questions on consumer rights and the legal obligations of Malta’s sole energy provider were raised in the wake of the recent nationwide blackout caused by a fault in a distribution centre in Marsa.

Though the government announced it would award a token compensation of €25 for households that were without power for 12 hours or more, questions were raised on the criteria adopted.

At the same time the decision to exclude businesses from receiving any compensation fuelled controversy as well as complaints from the retail and industrial sectors.

An owner of a village grocer, who wants to remain anonymous, said large quantities of frozen food and dairy products worth hundreds of euros had gone to waste.

Ex gratia payment to residents was a gesture of goodwill and solidarity

He called for the introduction of a mechanism through which domestic and commercial users would be guaranteed some form of compensation, rather than be at the mercy of the government.

If there is a blackout in the UK, customers are entitled to claim compensation from energy companies according to Guaranteed Standards of Performance issued by the regulator from time to time.

The Office of Gas and Electricity Markets stipulates that if the blackout exceeds 18 hours, domestic users can claim a minimum of £50 (€62.56), while the minimum claim for non-domestic customers is of £100 (€125). An additional £25 (€31.28 for each further 12 hours of the duration of the blackout may be also claimed.

The regulator also imposes an automatic £20 (€25) compensation if network providers fail to respond to complaints of distribution failures within set deadlines – three hours on weekdays between (at least) 7am to 7pm and four hours at weekends between (at least) 9am and 5pm.

In addition, customers may also claim a minimum of £50 (€62.56) in case of multiple interruptions. These have to occur on four or more occasions, each lasting three or more hours in a single year.

The Guaranteed Standards also give customers the right to claim for compensation in a variety of other circumstances. Cases include energy companies failing to keep appointments, failure to investigate complaints on the voltage supply and failing to notify customers about planned interruptions.

This newspaper enquired with the Energy Ministry whether the government was planning to introduce a similar mechanism.

While confirming that Enemalta was working to beef up its customer service by introducing a quality service charter, no further details were given, with the spokesman saying it was still being drafted.

He pointed out that in case of force majeure events neither Enemalta nor the government could be held liable for incidents beyond their direct control, but the government opted to give an ex gratia payment to residents “as a gesture of goodwill and solidarity”.

The spokesman added that in cases where damages were caused by faults that could be directly attributed to the corporation, a mechanism was already in place for consumers to claim compensation.

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