How to File a Motion for Reconsideration and Appeal for Public Utilities with the Superservicios
Learn how to formally challenge an unjustified water, electricity, or gas bill or charge in Colombia using the motion for reconsideration with a subsidiary appeal, its strict deadlines, and a letter template.
IDIOMA DEL ARTÍCULO
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Receiving a negative response from the electricity, water, or gas company when disputing a disproportionate bill is frustrating. Many users believe that after the service provider (ESP) denies their request, there is nothing left to do but pay, or they write immediately to the Superintendency of Public Services (Superservicios) without exhausting the proper procedure. In the Colombian system, there is a formal tool: the motion for reconsideration with an appeal in the alternative.
Quick answer: How does this legal resource work?
The motion is filed in writing before the service provider itself within the five (5) business days following the notification of the decision that denied your claim. In the same document, you request that the company review its ruling (reconsideration) and that, if it insists on denying it, it forwards the entire file to the Superservicios so that they may decide in the second instance (appeal). To avoid service suspension, you must pay only the undisputed charges or the average of the last five (5) billing periods.
1. From the PQR to the legal motion: Why is an informal complaint no longer enough?
When a user detects an anomalous charge on their bill, the first ordinary step is to file a Petition, Complaint, or Claim (PQR). However, many companies respond with standardized forms stating that the meter is working well or that the consumption is accurate. If you accept that response or send another informal letter saying you are dissatisfied, the company's decision will remain final and you will lose the opportunity to challenge it.
To wage the technical and legal fight, you must elevate the procedure to the administrative level under the regulations for excessive public utility billing. Law 142 of 1994 (Public Utilities Regime), in its articles 152 and 154, establishes that billing, disconnection, and suspension acts are subject to legal remedies. Here, you are no longer asking for a favor: you are starting a formal administrative procedure with mandatory peremptory deadlines for both parties.
2. The golden rule: The appeal must be requested «in the alternative» before the same company
One of the most common mistakes among subscribers and owners in Colombia is to go directly to the Superservicios as soon as they receive the rejection from the service provider. Doing so results in immediate dismissal due to a lack of functional competence.
The procedural golden rule indicates that the appeal must be requested in the alternative within the same document for reconsideration filed before the service provider (be it EPM, Enel, Acueducto de Bogotá, Vanti, Triple A, or any other household utility provider in the country). The exact legal formula you must include is:
«I hereby file a Motion for Reconsideration and, in the alternative, an Appeal against corporate decision number [tracking number], so that the company may reconsider its position and, in the event that it maintains the denial, grant the appeal and refer the proceedings to the Superintendency of Public Services».
If you omit the words «in the alternative» and file a simple motion for reconsideration, the company will resolve it by ratifying its charge and the process will end there, closing the ordinary administrative path before the provider and the Superservicios.
3. The fatal 5-business-day deadline: Beware of the CPACA trap
In general Colombian administrative law regulated by Law 1437 of 2011 (CPACA), individuals generally have ten (10) business days to appeal state decisions. However, in household public utilities, a special rule prevails over the general one.
In accordance with article 154 of Law 142 of 1994, the deadline for filing motions for reconsideration and appeals is strictly five (5) business days, which begin to be counted from the business day following the notification of the company's decision. Anyone who files the motion on the sixth or seventh day will see their request rejected outright due to being untimely.
| Procedural Aspect | Public Utilities Rule (Law 142) | Common User Error |
|---|---|---|
| Filing deadline | 5 business days from notification. | Waiting for the 10 general days under CPACA. |
| Filing method | Before the service provider (ESP). | Sending the appeal directly to the Superservicios. |
| Legal representation | Not mandatory (direct right of petition). | Believing an attorney or notarization is required. |
| Bill expiration | Maximum 5 months from when the bill was issued. | Claiming accumulated charges from previous years. |
4. The Article 155 payment rule: How to avoid having your service cut off
A recurring fear when fighting an excessive charge is suffering a supply cutoff. The law protects the subscriber but establishes an essential technical balance.
Article 155 of Law 142 of 1994, supported by the jurisprudence of the Constitutional Court (Judgment C-558 of 2001), clearly states:
- Prohibition of coercive collection on disputed amounts: The company cannot demand payment of the amount being disputed as a prerequisite for processing the motion.
- Obligation to pay what is not disputed: The user does have the unavoidable duty to pay the amounts that are not in dispute (for example, trash collection or public lighting that appeared on the same bill) or, failing that, to pay the amount equivalent to the average consumption of the last five (5) normal billing periods.
- Protection against suspension: As long as the motion for reconsideration and the subsequent appeal are in process and the user is up to date with the non-disputed portion, the company is prohibited from suspending or cutting off the service based on the disputed value. If the company cuts the supply irregularly, the charge for reconnection lacks validity, as we detailed when reviewing the rules regarding public utility reconnection charges and Superservicios rules.
To make this effective in practice, go to a company customer service office or request the issuance of a partial payment coupon or bill for the undisputed value. Always keep the banking proof of said payment.
5. Practical template for filing the motion
You do not need to hire a legal professional to enforce your guarantees. Copy, adapt, and print this template in two copies (one to file and one to keep with the received stamp), or file it through the company's virtual office or official notification email:
CITY AND DATE: [City], [Day] of [Month] of 2026
TO: [Name of the Service Provider, e.g., EPM / Enel / Acueducto]
SUBJECT: Motion for Reconsideration and, in the alternative, an Appeal against Response No. [Tracking number of initial denial]
CONTRACT ACCOUNT / ENROLLMENT / NIC: [Service identification number]
PROPERTY ADDRESS: [Full address]
I, [Full Name], identified with Citizenship Card No. [Document Number], acting in the capacity of [owner / tenant / user] of the property identified with the contract account indicated above, within the legal term of five (5) business days provided for in article 154 of Law 142 of 1994, formally file a RECONSIDERATION APPEAL AND SUBSIDIARY APPELLATE APPEAL against the decision communicated via official letter No. [Letter Number], based on the following:
FACTS:
1. The property's habitual consumption has historically averaged [indicate average in m³ or kWh], as evidenced by the invoices from the last 6 months.
2. In the invoice for the period of [Month/Year], a disproportionate and unjustified charge of [Value or invoiced units] was recorded, which constitutes a significant deviation in consumption.
3. On [Date], I filed an initial claim identified with PQR No. [Number].
4. Via official letter notified on [Date of notification], the company denied the claim arguing [company's reason].
5. In order to fully comply with article 155 of Law 142 of 1994, I proceeded to the timely payment of the undisputed value via receipt No. [Payment support number].
CLAIMS:
1. That the REVOCATION of the decision adopted in response No. [Record number] be granted and that the improperly charged consumption be re-invoiced based on the property's historical average.
2. In the event that this entity confirms its unfavorable decision, I request that the GRANTING OF THE APPELLATE APPEAL be authorized and that the entirety of the administrative file be immediately forwarded to the SUPERINTENDENCY OF DOMICILIARY PUBLIC SERVICES so that it may decide on appeal in accordance with article 159 of Law 142 of 1994.
EVIDENCE:
- Copy of the invoices from the last six (6) periods showing the habitual consumption.
- Copy of the unfavorable response issued by the company.
- Proof of payment for the undisputed amounts (Article 155 of Law 142 of 1994).
NOTIFICATIONS:
I will receive notifications preferably via email: [Email address]
Physical address: [Address], Phone: [Cell phone number].
Sincerely,
___________________________________
[User Signature]
ID [Document Number]
6. What happens after filing? Timelines and the complaint appeal
Once the document is filed, the company has fifteen (15) business days to resolve the reconsideration (article 158 of Law 142). During this period, three scenarios can occur:
- The company accepts your arguments: It revokes its decision, cancels the disputed charge, and issues a new invoice adjusted to your historical consumption. The process concludes successfully.
- The company does not respond within the 15 business days: If this strict deadline passes without the company issuing and notifying its stance, the positive administrative silence phenomenon occurs, which you can claim as explained in our guide on positive administrative silence in public services and leases.
- The company ratifies its charge and grants the appeal: The provider confirms its denial but must grant the appellate appeal and send the entire file to the Superservicios within the following business days. The oversight entity will take cognizance of the case through its official platform Te Resuelvo (teresuelvo.superservicios.gov.co), where you will be able to follow up using the record number.
If the company refuses to process the appeal by arbitrarily claiming that the resource was inadmissible or untimely, you have a rescue mechanism: the Complaint Appeal. This is filed directly with the Superservicios within five (5) business days following the notification of the appeal denial, attaching a copy of the rejected document.
7. Keys for landlords and tenants in utility disputes
Billing disputes generate friction in leases. An exorbitant charge not addressed in time can leave the tenant without service and the landlord with debt. According to active listings on Colombia Move (September 2026), there are 164 active housing listings and 72 recent ones, with 31,544 views.
Both owners and tenants have legitimacy to present these appeals to the service provider. If you are handing over or receiving a property for rent while there is a disputed invoice, leave a written record in the handover report with a copy of the reconsideration and appeal filings, and always review the contractual agreements on public service guarantees in the lease contract in Colombia to secure the real estate relationship.
Frequently Asked Questions
❓ How many days do I have exactly to file the appeal after receiving the letter from the company?
You have exactly five (5) business days starting from the business day following the notification date of the service provider's decision. It is not the ten business days of general administrative law: Law 142 of 1994, in force in 2026, sets a strict and peremptory term.
❓ Can I file the appellate appeal directly with the Superservicios without going through the company?
No, the law requires first filing the reconsideration appeal with the service provider while requesting the appeal as a subsidiary. Going directly to the Superservicios without exhausting that instance leads to rejection for lack of competence. That procedural order remains in effect in 2026.
❓ Can the company cut off my electricity or water if I don't pay the invoice while the appeal is being resolved?
The company cannot cut off the service for amounts formally under dispute. It must, however, cancel the non-disputed portion or the habitual consumption average. Article 155 of Law 142, in force in 2026, protects the user against coercive cuts for sums in timely litigation.
❓ Do I need to hire a lawyer to write or sign the reconsideration and appellate appeal?
The intervention of a qualified lawyer or notarized signatures is not required to file this type of appeal with public utility companies. Any user, subscriber, or legitimate occupant of the property can draft and file the document in their own name, according to Law 142 of 1994 in force in 2026.
❓ What should I do if the company refuses to grant the appellate appeal to the Superservicios?
If the company rejects the appeal, you have five (5) business days to file a Complaint Appeal (Recurso de Queja) before the Superservicios. Do this through Te Resuelvo with a copy of the rejected document. This five-business-day term is in effect in 2026.
❓ How old can invoices be for me to claim them through these legal appeals?
Claims cannot be made against invoices issued more than five (5) months ago. Article 154 of Law 142 of 1994, in effect in 2026, sets this limit. If you detect anomalies, file the PQR and the appeals within that timeframe.
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