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Consumer who found condom cream will be indemnified for RS 4000

08/14/2013

This article was translated by an automatic translation system, and was therefore not reviewed by people.

 

 




Decision is the 2nd Panel of Special Appeals of the Federal District
 

Magistrates understood that existence of the object within the package, already partly consumed, is enough to cause damages Photo: Reproduction of internet

BRASILIA - The 2nd Panel of Special Appeals of the Federal District modified sentence Leitbom and ordered the company to pay R$ 4000 compensation to a consumer who found a condom in a pack of cream. The decision was unanimous.


The author bought the cream 200g in July last year. Two months later, he opened the bag with a small hole and consumed part of the product. After a few days, decided to prepare a hominy and found a condom. Thus, sought Procon and a police station, so that steps were taken, including the effect of producing evidence. Subpoenaed, the defendant did not attend the hearing, being tried in absentia.


In this context, the judge rapporteur highlighted the Article 14 of the Code of Consumer Protection (CDC), according to which the service provider is responsible, regardless of fault, for repairing damages caused to consumers by defects relating to the provision of services.


The judges felt that the existence of the object inside the packaging of a food product, already partly consumed, is enough to cause damage, especially since produced disgust or revulsion in the face of poor hygiene affects the psychic integrity and endangers the integrity physics, in addition to violating the dignity of the consumer. The decision was issued on Monday and released today.


Company does not agree with the decision
Through note, Leitbom reported that the Consumer Care Center (SAC) provided care to the consumer, "who refused to make the product available for analysis and subsequent positioning of the company by means of a technical report." The advice of the company said it no longer fits feature, although Leitbom not agree with the decision.


"The company does not agree with the ruling, given that the UHT cream Leitbom is produced with high technology and without any contact with the operator or the possibility of opening line during the production process, making it impossible to be contact with the external environment.
Millimetric filters, blenders and other components preclude the presence of any foreign body in the final product. "


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Source: The Globe - Online

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