Clipping of news on Brazilian Culture, Law and Citizenship
01/22/2015
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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Consumer Defense Code provides for the effective prevention and repair of damage to consumers
The Energy Company of Ceará (Coelce) will have to pay R$ 5000 in compensation for moral damages to a consumer who lost appliances due to power surge. The decision is the 6th Civil Chamber of the Ceará Court of Justice (ECJ).
A refrigerator, two TVs and two VCRs burned due to fluctuations in the power grid. To contact Coelce, the consumer received instructions via telemarketing, to require application for compensation, with the promise to receive feedback within 30 days.
Having received no answer, he filed a lawsuit requesting compensation for moral damages, claiming that suffered damage and embarrassment because spent eight months without equipment.
In November 2009, the judge of the 2nd Court of Caucaia County dismissed the application for lack of evidence of harm. Consumers appealed the decision with the same arguments of the initial and the 6th Civil Court reversed the sentence to fix the moral reparation at R$ 5000
"The negligence with which the author's situation was handled, as a consumer of electricity service provided by the appellee, sets up a situation that goes beyond the mere unpleasantness," he said in his decision the rapporteur of the process, federal judge Maria Vilauba Fausto Lopes.
Source: IG
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This article was translated by an automatic translation system, and was therefore not reviewed by people.