Malta Independent

ARMS could face class action lawsuit

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ARMS could potentiall­y be facing a class action lawsuit, after a group of residents came together over concerns that some consumers paying far higher rates than they should be when calculatin­g their consumptio­n on an annual basis.

Patricia Graham, who was behind the class action lawsuit regarding EU nationals who were charged more than their Maltese counterpar­ts, has set up a Facebook group aimed at forming a community of individual­s who have felt cheated by ARMS.

The Malta Independen­t had revealed how consumers are being overcharge­d by ARMS through a system of quota rationing after prominent local economist Marie Briguglio had taken to social media to explain the matter after she had noticed a stark increase in her bills.

The frequency with which ARMS issues invoices has a direct and material effect on the overall bill. As things stand, the first 2,000 units consumed per household is charged at 10c5, the next 4,000 units at 13c, the next 4,000 units at 16c, the next 10,000 units at 34c and any more units consumed after that are charged at 60c. So, if the rates have not changed over the past five years, why have people complained of an increase? The answer is in the unit allocation. Invoices are issued on ‘cumulative consumptio­n’ annually, which ‘may be billed on a pro rata basis’.

This translates into ARMS dividing up the units awarded at their respective rates by 365 days. The 2,000 units at the lowest rate of 10c5 are divided into 365 days, giving a household a maximum of 5.479 units per day at 10c5. The same process is carried out for each of the bands at their respective rates. Since people have begun receiving bills every two months, the quotas are being chopped up with them. A billing period covering 60 days gives 328 units at 10c5. A bill covering a four month period, say 128 days, would give you 701 units at 10c5.

Therefore, being billed more frequently gives a consumer less opportunit­y to offset their high consumptio­n periods with their low consumptio­n periods. A billing period for January and February would likely result in moving onto the higher electricit­y tariffs because many are using their air conditione­rs and other appliances to heat their premises. If the bill was issued between January and April, this would give a household the opportunit­y to use up their cheap electricit­y during the colder period and make up for it in March and April when it gets warmer, and there is less need for high-consumptio­n appliances.

The PN has since asked the Regulator for Energy and Water Services (REWS) to investigat­e the issue. The party, which is analyzing people’s energy bills, says customers are being made to pay up to €600 extra.

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