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After knowing the position of Electricaribe in front of the executive demand presented to demand the payment of more than 45 thousand million to the Mayor of Barranquilla for the energy consumption of some subnormal neighborhoods, the district administration issued a statement in which it is declared “ outraged ”by the claims of the company.
In the statement, the Mayor’s Office says that the energy company insists on charging for a subnormality that “it did not correct when it could”, but that it “misused” the resources that the State sent it to normalize these neighborhoods, according to the findings reported by the Comptroller General of the Republic some years ago. Among the findings are charges above what is owed to users of subnormal neighborhoods.
For the Mayor’s Office, the company’s position is “impudence” because it is protecting its claim in an agreement that was signed “several decades ago and presents as news what is just a judicial process”.
The Mayor’s Office explains that the procedure, which is the payment order within the civil process, is equivalent to the order of admission of a lawsuit filed in an ordinary process. In this sense, it indicates that the judicial process promoted by the public service provider is just in its initial stage.
What comes now is that the process opens for the parties to intervene. For this reason, the Mayor’s Office presented appeals for reconsideration in consideration of the substantial errors in the claim and in the procedure granted before the civil jurisdiction.
As of this moment, according to the Mayor’s Office, it is up to the judicial office to review whether or not it replaces the payment order, starting another judicial debate regarding how much it must resolve the defense mechanisms raised.
This is how the Mayor’s Office, in its statement, expresses its full confidence in the administration of justice, at the insistence of Electricaribe to charge for the electrical subnormality of some neighborhoods of the city that, even, have already exceeded that condition.
According to the administration, what is coming is a long judicial debate before which “we will not lower our arms until we obtain the declaration of non-payment of said obligation.”
“We trust in the probity of our justice so that the arguments of the District are victorious in the face of the claims of a lending company that, on the other hand, leaves many debts with the city.”
It should be noted that Electricaribe’s lawsuit is supported by community agreements signed many years ago without the elements of law necessary to constitute an obligation of the city with the company.
“The obligation, as Electricaribe admitted in a press release published on September 1, 2020, in which it presents as great news what is hardly a judicial procedure, dates back several decades. That means, even, that those obligations would be prescribed, since those neighborhoods with energy subnormality of the time no longer have that condition and said agreements do not have the necessary budgetary appropriations, “says the Mayor’s Office in the statement released by the Tuesday afternoon.
Finally, he assured that from any point of view it is an impudence and a lack of respect on the part of the company, which we are not willing to admit, ”the Mayor of Barranquilla emphatically declared.
What Electricaribe says. According to the energy company, since last July 27, the Fifth Civil Circuit Court issued a payment order in favor of Electricaribe and against the District of Barranquilla for more than $ 45,392 million.
The company indicates that in signed agreements, the district administration agreed that “the municipality will be jointly and severally responsible for the fulfillment of the obligations of the community subscriber”, that is, for the energy consumed in the subnormal neighborhoods of the city. The debt of this obligation, with cut-off to July 2020, already exceeds $ 61,742 million, says Electricaribe
The company assures that during this year the collection in the subnormal neighborhoods does not exceed 3.8% of the value of the energy they consume; Of the more than $ 3,195 million that have been invoiced to date in these sectors, Electricaribe has only been paid $ 123 million. This collection has been deteriorating in a worrying way: in 2018 it was 8.2% and in 2019 it was 7.2%.
Electricaribe’s special agent, Angela Patricia Rojas Combariza, maintains: “It should be clear to everyone that this debt will not disappear with the arrival of the new operator of the Caribe Sol market, on October 1, and the District will be responsible for its cancellation. The start of operations of the new lending companies does not mean a clean slate of the debts that customers have with the company. “
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