Can the electric company penalise him?

Q. I have a holiday apartment that I use for a month each year. Since 2002 I have paid my bill every two months to cover the Endesa standing charges and any power used.

In 2013 I noticed a large jump in the Endesa debit. The average fee for two months had been about €50 but it jumped to €100. I saw there was a penalisation fee for an ICP which I believe is a gadget fitted to the fuseboard. I went in person to the Endesa office in Fuengirola and their clerk asked me to photograph my fuseboard for her. I did this and returned. She then told me that the penalisation would stop from that date. However, I am confused as to what right Endesa had to penalise me. The total penalties amount to about €200. I would like to get this refunded as I do not believe Endesa have the right to penalise me when I knew nothing about it.

R.C. (Costa del Sol)

A.  Well, you somehow missed the warnings sent to consumers in 2012.  The ICP is an Interruptor de Control de Potencia, and it is required by law on all electrical installations as of two years ago. It protects your system from overuse and assures that you do not consume more electricity than you have contracted at any one time. We suppose that the photograph showed that in fact you now have an ICP installed, but never informed the company.  And, yes, Endesa has the right to put the surcharge on your bill. That is, unless you can prove that you were never notified.

Send your questions for David Searl through lawyers Ubeda-Retana and Associates in Fuengirola at, or call 952 667 090.

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David Searl

You and the law in spain Send your questions for David Searl through lawyers Ubeda-Retana and Associates in Fuengirola at, or call 952 667 090.