Clipping of news on Brazilian Culture, Law and Citizenship
01/03/2013
This article was translated by an automatic translation system, and was therefore not reviewed by people.
Consumer has 90 days to complain about damage caused by falling light PHOTO: stock.xchng
RIO - A consumer who suffered damage in electronic equipment such as televisions, refrigerators, washing machines and computers caused by sudden cut in supply of light can seek compensation for energy company. The National Agency of Electric Energy (ANEEL) issued Resolution No. 414/2010, which deals with the general conditions for the supply and delivery devotes a chapter to recover damages electrical.
According to the standard, the consumer has 90 days to forward the complaint to the dealership service distributor. From this, the company has ten calendar days (counting from the complaint) to inspect and inspect the damaged machine. The deadline falls on a weekday equipment used for packaging perishable food or medicines, the urgency of repair.
After this procedure, the company has 15 days to inform the reimbursement request was accepted. If yes, in 20 days the company's response should the consumer be compensated in cash, have the appliance repaired or replaced. If the dealership refuses the request must justify the decision and inform the consumer's right to resort to Aneel.
The lawyer Idec Mariana Alves Ferreira points out that, even in case of negative can seek compensation for damage using the Consumer Defense Code (CDC):
- If there is a negative you can still claim the compensation court applying the Code of Consumer Protection. In this case it is important to equip the consumer with relevant evidence to prove that the damage to the equipment was made by the fall and sudden return of light in your home. A report done by the professional who performed the repair would be considerable evidence in a judicial proceeding.
Products are essential for long term compensation
In the case of essential equipment, such as coolers in general, the deadlines for reimbursement of response and Dealers are long. The CDC states that in the case of essential commodities should be immediate replacement. As this rule of public policy overlaps the regulations of the regulatory agency.
The distributor can only evade the responsibility of refunding prove incorrect use of the equipment for defects generated by internal consumer unit installations; lack of relationship between the breach and the alleged cause of the device, or if the consumer arrange, at their own risk, repair before the expiration of inspection.
Sudden stops can provide discount on bill
One common question concerns the constant interruptions in service delivery and whether these can result in discount rate follows.
- There are limits, determined by ANEEL for the duration of power outages and limits on how often (frequency) interruptions may occur in the month. If exceeded, the consumer is entitled to compensation in the form of discount on future invoices. This discount must occur within two months from the month in which was interrupted - explains Idec's lawyer Mariana Alves.
Aneel sets limits for individual called continuity indicators, which are evaluated by means of indices that measure the frequency and duration of outages. The indicators analyze outages longer than three minutes, and allowed some margin calculation. The continuity indicators are:
- DEC: time interval in which it occurred discontinuity of electricity distribution, the value is marked by consumer unit / residence;
- DIC: time interval in which it occurred discontinuity of electricity distribution in the consumer unit or connection point;
- FEC: number of interruptions during the period of calculation, per consumer unit;
- FIC: number of interruptions during the period of calculation, each consumer unit or connection point;
- DMIC: maximum duration of continuous interruption per consumer unit or connection point.
The limits of the indicators are defined for periods monthly, quarterly and yearly. The subject is addressed in specific regulation of Aneel. Information regarding continuity indicators are available on electricity bill. Additional information should be obtained from the distributor itself that provides the service.
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Source: The Globe - Online
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This article was translated by an automatic translation system, and was therefore not reviewed by people.